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120 results for “disallowance”+ Section 35(1)(iii)clear

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Key Topics

Section 260A201Section 260191Addition to Income38Section 14822Disallowance21Deduction18Section 14A15Section 3512Section 26312Section 143(3)

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)

disallow such claim made by the assessee though duly certified by the prescribed authority by taking recourse to the later portion of sub-clause (ii) of sub-section (4) of Section 43 of the Act. He would summarise his 9 submissions by contending the definition of ‘scientific research’ found in Section 43(4) has been imported to Section 35

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

Showing 1–20 of 120 · Page 1 of 6

11
Section 65(1)9
Revision u/s 2639

The appeals are dismissed

ITA/2564/2005HC Karnataka13 Dec 2012

Bench: ARAVIND KUMAR,N.KUMAR

Section 260Section 260A

35. The condition precedent for inference of concealment of income is the intention to conceal income. This part of the clause earlier contained an adverbial prefix ‘deliberately’. The word ‘deliberately’ in the above phrase was dropped by the Finance Act, 1964, with effect from 1 April, 1964. So, the element of mens rea was sought to be excluded from 1

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

III, it does not therefore partake of the nature of total income chargeable to tax as per the - 29 - provisions of Section 4 of the Act. In the second instance, no tax was paid on this income. The credit is being claimed under the provisions of Section 90, which is applicable for the grant of relief in respect of 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

III, it does not therefore partake of the nature of total income chargeable to tax as per the - 29 - provisions of Section 4 of the Act. In the second instance, no tax was paid on this income. The credit is being claimed under the provisions of Section 90, which is applicable for the grant of relief in respect of income

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

1)(iii) when the said proviso was inapplicable to the case of the appellant and no part of the 6 borrowed capital was utilized for investment in work in progress in any event? (iii) The tribunal was correct in upholding the disallowance of interest on borrowed capital as attributable to capital work in progress at 12% as against

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

1)(iii) when the said proviso was inapplicable to the case of the appellant and no part of the 6 borrowed capital was utilized for investment in work in progress in any event? (iii) The tribunal was correct in upholding the disallowance of interest on borrowed capital as attributable to capital work in progress at 12% as against

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

1)(iii) when the said proviso was inapplicable to the case of the appellant and no part of the 6 borrowed capital was utilized for investment in work in progress in any event? (iii) The tribunal was correct in upholding the disallowance of interest on borrowed capital as attributable to capital work in progress at 12% as against

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

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

III. The LESSEE shall pay an amount of Rs.52,44,962/= to the LESSORS, towards one month’s rent in advance and to be adjusted against rent for Tower A on commencement of the lease and after complete adjustment of the said amount, the LESSEE shall pay further amounts towards rent as provided herein. If, however, the lease is terminated

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

III. The LESSEE shall pay an amount of Rs.52,44,962/= to the LESSORS, towards one month’s rent in advance and to be adjusted against rent for Tower A on commencement of the lease and after complete adjustment of the said amount, the LESSEE shall pay further amounts towards rent as provided herein. If, however, the lease is terminated

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

III. The LESSEE shall pay an amount of Rs.52,44,962/= to the LESSORS, towards one month’s rent in advance and to be adjusted against rent for Tower A on commencement of the lease and after complete adjustment of the said amount, the LESSEE shall pay further amounts towards rent as provided herein. If, however, the lease is terminated

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

1), BENGALURU. (III) TO PASS SUCH OTHER SUITABLE ORDERS AS THIS HON'BLE COURT DEEMS FIT TO PASS ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN THE INTERESTS OF JUSTICE AND EQUITY. THESE ITAs COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT I.T.A.No.404/2016 has been filed by the assessee, whereas

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

1), BENGALURU. (III) TO PASS SUCH OTHER SUITABLE ORDERS AS THIS HON'BLE COURT DEEMS FIT TO PASS ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN THE INTERESTS OF JUSTICE AND EQUITY. THESE ITAs COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT I.T.A.No.404/2016 has been filed by the assessee, whereas

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

THE COMMISSIONER OF INCOME TAX vs. M/S BPL SANYO FINANCE LTD

In the result, the appeal filed by the revenue is

ITA/652/2006HC Karnataka11 Sept 2013

Bench: The Tribunal Was Arising From The Order Dated 4Th June 2004 Passed By The Commissioner Of Income Tax (Appeals) Bangalore (For Short “The

Section 115JSection 133Section 139Section 139(5)Section 143(1)Section 143(3)Section 260ASection 271Section 271(1)Section 271(1)(c)

disallowed as withdrawn by the assessee. 9. It would be, however, necessary to see what did the assessee in the letter dated 8th March, 2002, addressed to the AO, had stated. By this letter, at the outset, the assessee withdrew their claim of 100% depreciation and requested not to levy penalty in view of 10 the peculiar facts

MANGALORE REFINERY AND PETROCHEMICALS LTD vs. PRINCIPAL COMMISSIONER OF INCOME TAX

In the result, I pass the following:-

WP/10523/2022HC Karnataka18 Nov 2022

Bench: The Hon'Ble Mr.Justice S.R.Krishna Kumar

Section 5(1)

35,052 29,37,88,047 20,78,28,883 37,27,49,142 Balance 37,28,12,027 42,92,10,516 18. A perusal of the orders of the ITAT will indicate that it upheld even the first contention of the Petitioner that the freight charges payable to non-residents outside India are not chargeable tax in India

MANGALORE REFINERY AND PETROCHEMICALS LTD vs. PRINCIPAL COMMISSIONER OF INCOME TAX

In the result, I pass the following:-

WP/10551/2022HC Karnataka18 Nov 2022

Bench: The Hon'Ble Mr.Justice S.R.Krishna Kumar

Section 5(1)

35,052 29,37,88,047 20,78,28,883 37,27,49,142 Balance 37,28,12,027 42,92,10,516 18. A perusal of the orders of the ITAT will indicate that it upheld even the first contention of the Petitioner that the freight charges payable to non-residents outside India are not chargeable tax in India

PR.COMMISSIONER OF INCOMETAX-2 vs. M/S.EYGBS (INDIA) PVT LTD

ITA/107/2025HC Karnataka12 Sept 2025

Bench: CHIEF JUSTICE,C M JOSHI

Section 10ASection 14ASection 260Section 260A

iii) "Whether on facts and circumstances of the case, the Tribunal's order can be said as perverse in nature not apricating that the assessee hd not complied with conditions set out in Section 10AA to get the deduction under said section and further this amount being alleged as deemed income for the purposes of being part of business