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140 results for “disallowance”+ Section 35(1)(ii)clear

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Key Topics

Section 260A252Section 260178Addition to Income37Section 14827Deduction24Disallowance22Section 3520Section 26319Section 143(3)18Section 10B

M/S TEJAS NETWORKS LIMITED vs. THE DEPUTY COMMISSIONER OF INCOME TAX

In the result, I proceed to pass the following:

WP/7004/2014HC Karnataka24 Apr 2015

Bench: The Hon’Ble Mr.Justice Aravind Kumar

Section 143(3)Section 144C(1)Section 144C(13)Section 35Section 35(1)(i)

35(1)(i) r/w Section 43(4)(ii) of the Act and accordingly disallowance of the claim is without jurisdiction

THE COMMISSIONER OF INCOME TAX GULBARGA vs. M/S MANJUNATHA COTTON AND GINNING FACTORY

The appeals are dismissed

Showing 1–20 of 140 · Page 1 of 7

18
Section 14A13
Revision u/s 26310
ITA/2564/2005
HC Karnataka
13 Dec 2012

Bench: ARAVIND KUMAR,N.KUMAR

Section 260Section 260A

ii) allow the appeal and set aside the order passed by the ITAT, as prayed for therein. IN I.T.A. NO. 5020 of 2009 BETWEEN: 1. The Commissioner of Income-Tax, C.R.Building, Navanagar, Hubli. 2. The Assistant Commissioner of Income-Tax, Circle – 1, Bellary. …Appellants. (Sri Y.V.Raviraj, Advocate) AND: M/s.Veerabhadrappa Sangappa & Co. No.2/138, Bellary Road, Sandur, Bellary. …Respondent (Sri Chaitanya

M/S WIPRO LIMITED vs. THE DEPUTY COMMISSIONER OF INCOME TAX

The appeals stand disposed of, accordingly

ITA/881/2008HC Karnataka25 Mar 2015

Bench: N.KUMAR,B.SREENIVASE GOWDA

Section 260

Section 90(1)(a)(ii). He further submitted that in cases where income is subjected to tax, there is no difficulty. The entire amount subjected to tax is given credit - 35 - which is known as “ordinary tax credit”. Further, in the case of the agreements where expression used is subjected to tax on income derived, if the entire export income

THE COMMISSIONER OF INCOME TAX vs. M/S WIPRO LTD

The appeals stand disposed of, accordingly

ITA/211/2009HC Karnataka25 Mar 2015

Bench: N.KUMAR,B.SREENIVASE GOWDA

Section 260

Section 90(1)(a)(ii). He further submitted that in cases where income is subjected to tax, there is no difficulty. The entire amount subjected to tax is given credit - 35 - which is known as “ordinary tax credit”. Further, in the case of the agreements where expression used is subjected to tax on income derived, if the entire export income

THE PRINCIPAL COMMISSIONER vs. M/S OBULAPURAM MINING

ITA/100012/2017HC Karnataka17 Mar 2023

Bench: K.SOMASHEKAR,UMESH M ADIGA

Section 143(3)Section 144CSection 144C(13)Section 260ASection 37(1)Section 92ASection 92C

35,052/- by making various additions, which reads as under: Additional / Issues Rs. Transfer pricing adjustments 112,20,92,081/- Claim of bogus transportation expenses of iron ore 40% attributable towards illegal mining. 86,43,47,335/- Disallowance of expenses claimed under section 37(1) towards illegal mining. 387,76,69,992/- 4. Aggrieved by the above additions, the assessee

PR. COMMISSIONER OF INCOME TAX vs. SMT. G. LAKSHMI ARUNA

ITA/705/2018HC Karnataka31 Mar 2023

Bench: K.SOMASHEKAR,UMESH M ADIGA

Section 132Section 143(3)Section 144Section 153CSection 153DSection 260A

Disallowed (Rs.) (I) (II) (III) 2009-10 28,76,23,325 9,95,82,217 2010-11 2,29,05,056 1,46,91,363 Of these, the Assessing Officer found that to the extent given in column 3 above, the appellant was unable to substantiate the said expense claimed before the Assessing Officer. 16. In respect of assessment

PR. COMMISSIONER OF INCOME TAX vs. SHRI. GALI JANARDHANA REDDY

ITA/704/2018HC Karnataka31 Mar 2023

Bench: K.SOMASHEKAR,UMESH M ADIGA

Section 132Section 143(3)Section 144Section 148Section 153CSection 153DSection 260A

disallowed(Rs) (I) (II) (III) 2009-10 28,76,23,325 9,95,82,217 2010-11 2,29,05,056 1,46,91,363 15. Of these the assessing officer found that to the extent given in column (III) above, the appellant was unable to substantiate the said expenses claimed before the assessing officer. 16.In respect of assessment

COFFEEDAY GLOBAL LTD. vs. ADDITIONAL COMMISSIONER OF INCOME TAX

In the result, the orders dated 21

ITA/313/2018HC Karnataka12 Mar 2021

Bench: ALOK ARADHE,ASHOK S.KINAGI

Section 260Section 260A

35,920/- under Rule 8D(2)(iii) 9 was upheld and to the extent of the balance of Rs.70,36,410/- under Rule 8D(2)(ii), was deleted, and it was held that the said investments were made out of funds owned by the assessee and not from the borrowed funds. (ii) the disallowance of interest on borrowed capital allegedly

COFFEEDAY GLOBAL LTD. vs. ADDITIONAL COMMISSIONER OF INCOME TAX

In the result, the orders dated 21

ITA/315/2018HC Karnataka12 Mar 2021

Bench: ALOK ARADHE,ASHOK S.KINAGI

Section 260Section 260A

35,920/- under Rule 8D(2)(iii) 9 was upheld and to the extent of the balance of Rs.70,36,410/- under Rule 8D(2)(ii), was deleted, and it was held that the said investments were made out of funds owned by the assessee and not from the borrowed funds. (ii) the disallowance of interest on borrowed capital allegedly

PR. COMMISSIONER OF INCOME TAX vs. M/S AMALGAMATED BEAN COFFEE TRADING CO LTD

In the result, the orders dated 21

ITA/388/2018HC Karnataka12 Mar 2021

Bench: ALOK ARADHE,ASHOK S.KINAGI

Section 260Section 260A

35,920/- under Rule 8D(2)(iii) 9 was upheld and to the extent of the balance of Rs.70,36,410/- under Rule 8D(2)(ii), was deleted, and it was held that the said investments were made out of funds owned by the assessee and not from the borrowed funds. (ii) the disallowance of interest on borrowed capital allegedly

M/S ANS CONSTRUCTIONS LTD vs. DEPUTY COMMISSIONER OF COMMERCIAL

WP/32896/2016HC Karnataka06 Dec 2019

Bench: The Hon’Ble Mrs.Justice S.Sujatha

Section 10(3)Section 35

II, 6TH FLOOR, VANIJYA THERIGE KARYALAYA - 1, GANDHINAGAR, BENGALURU - 560009 2 . DEPUTY COMMISSIONER OF COMMERCIAL TAXES, AUDIT - 4.5, DVO – 4, ROOM No.204, 2ND FLOOR, VTK - 2, KORAMANGALA BANGALORE - 560047 R - 2 - 3 . STATE OF KARNATAKA DEPARTMENT OF FINANCE BY ITS SECRETARY VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE – 560001 …RESPONDENTS [BY SRI T.K.VEDAMURTHY, AGA.] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES

THE COMMISSIONER OF INCOME-TAX vs. M/S. IBC KNOWLEDGE PARK PVT. LTD.,

In the result, the appeals filed by the Revenue

ITA/403/2009HC Karnataka28 Apr 2016

Bench: B.V.NAGARATHNA,JAYANT PATEL

Section 260

ii. For the second term of the lease, if the charges exceed Rs. 4/= per square foot per month, the same shall be payable by the LESSEE, only on the same being justified by the LESSOR and subject to LESSORS providing information and documents, to the satisfaction of the LESSEE, entitling the LESSORS to the escalation.” 16. Thus, the lessee

THE COMMISSIONER OF INCOME-TAX vs. M/S. IBC KNOWLEDGE PARK PVT. LTD.,

In the result, the appeals filed by the Revenue

ITA/402/2009HC Karnataka28 Apr 2016

Bench: B.V.NAGARATHNA,JAYANT PATEL

Section 260

ii. For the second term of the lease, if the charges exceed Rs. 4/= per square foot per month, the same shall be payable by the LESSEE, only on the same being justified by the LESSOR and subject to LESSORS providing information and documents, to the satisfaction of the LESSEE, entitling the LESSORS to the escalation.” 16. Thus, the lessee

THE COMMISIONER OF INCOME-TAX vs. M/S IBC KNOWLEDGE PARK PVT LTD

In the result, the appeals filed by the Revenue

ITA/402/2014HC Karnataka28 Apr 2016

Bench: B.V.NAGARATHNA,JAYANT PATEL

Section 260

ii. For the second term of the lease, if the charges exceed Rs. 4/= per square foot per month, the same shall be payable by the LESSEE, only on the same being justified by the LESSOR and subject to LESSORS providing information and documents, to the satisfaction of the LESSEE, entitling the LESSORS to the escalation.” 16. Thus, the lessee

BIOCON LIMITED vs. THE DEPUTY

In the result, the impugned order dated 30

ITA/416/2014HC Karnataka12 Jan 2021

Bench: ALOK ARADHE,R. NATARAJ

Section 10ASection 10BSection 14ASection 260Section 35

ii) ALLOW THE APPEAL AND SET ASIDE THE ORDER OF THE ITAT DATED 30.04.2014 IN ITA NO.369/BANG/2010 (ANNEXURE- 'C') TO THE EXTENT QUESTIONED HEREIN. THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’, for short

THE COMMISSIONER OF INCOME TAX vs. M/S WIPRO LTD

In the result, the appeals are partly allowed

ITA/133/2007HC Karnataka23 Aug 2013

Bench: B.MANOHAR,DILIP B.BHOSALE

Section 260

disallowed the deduction of the donation made to Khandesh Education Society holding it as a contribution contemplated by Section 40A(9) of the Act. This view was confirmed by the appellate authority. The Tribunal, however, set aside the findings recorded by the authorities below on this question holding that the donation was made by the assessee to the Khandesh Education

THE PRINCIPAL COMMISSIONER vs. M/S OBULAPURAM MINING

ITA/100091/2016HC Karnataka17 Mar 2023

Bench: K.SOMASHEKAR,UMESH M ADIGA

Section 131Section 143(3)Section 260ASection 37

disallowed. The jurisdictional error committed is the assessing officer’s jurisdiction is Deputy Commissioner of Income Tax, 35 Central Circle-1(3), Bengaluru, whereas the jurisdictional assessing officer of the transporters is located in Andhra Pradesh. 31.Admittedly, as stated above the evidence of transporters recorded by the assessing officer outside the jurisdiction of Bengaluru has not been taken on record

M/S SUBEX LTD vs. THE COMMISSIONER OF INCOME TAX-III,

In the result, appeal is partly allowed as indicated

ITA/378/2015HC Karnataka01 Oct 2021

Bench: S.SUJATHA,RAVI V HOSMANI

Section 143Section 154Section 200Section 260Section 263Section 35D

disallowed subsequently, without disturbing the decision in the initial year. Post action of the Assessing Officer in modifying the original order would not cure the flaw pointed out in Shasun Chemicals and Drugs Ltd., supra. We answer this issue in favour of the assessee and against the Revenue. Re. Substantial Question of Law No.2: 13. Learned counsel for both sides

HINDUSTAN AERONAUTICS LIMITED vs. ASSISTANT COMMISSIONER

In the result, the order of the

ITA/404/2016HC Karnataka09 Dec 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 14ASection 260Section 260ASection 35

ii) the Tribunal was correct in upholding the disallowance made under Section 14A of the Act? 3. I.T.A.No.468/2016 was admitted by a bench of this Court vide order dated 13.06.2017 on the following substantial question of law: Whether on the facts and in the circumstances of the case, the Tribunal was 5 justified in directing the assessing officer

THE PR COMMISSIONER OF INCOME TAX vs. M/S HINDUSTAN AERONAUTICS LTD

In the result, the order of the

ITA/468/2016HC Karnataka09 Dec 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 14ASection 260Section 260ASection 35

ii) the Tribunal was correct in upholding the disallowance made under Section 14A of the Act? 3. I.T.A.No.468/2016 was admitted by a bench of this Court vide order dated 13.06.2017 on the following substantial question of law: Whether on the facts and in the circumstances of the case, the Tribunal was 5 justified in directing the assessing officer