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228 results for “disallowance”+ Section 36(2)clear

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Key Topics

Section 260135Section 260A67Section 14A46Addition to Income34Disallowance33Deduction29Section 14821Section 10A18Section 143(3)18Section 36(1)(iii)

THE COMMISSIONER OF INCOME-TAX vs. TEXAS INSTRUMENTS INDIA PVT LTD

The appeals are dismissed

ITA/141/2020HC Karnataka21 Apr 2021

Bench: SATISH CHANDRA SHARMA,SURAJ GOVINDARAJ

Section 143(2)Section 194Section 2Section 206ASection 40Section 80J

36 deduction of an amount equal to thirty per cent of additional wages paid to the new regular workmen employed by the Assessee in the previous year for three assessment years including the Assessment year relevant to the previous year in which such employment is provided. (2) No deduction under sub-section (1) shall be allowed,— (a) if the industrial

M/S T T K PRESTIGE LTD vs. THE UNION OF INDIA REPTD BY ITS FINANCE SECRETARY

Showing 1–20 of 228 · Page 1 of 12

...
12
Section 36(1)(viia)11
Depreciation11
WP/26037/2005HC Karnataka06 Dec 2019

Bench: The Hon’Ble Mr.Justice P.B. Bajanthri W.P. No.26037/2005 C/W W.P.No.4464/2007 & W.P.No.27087/2005(It)

Section 115

disallowed under section 37 of the Act is outside the purview of fringe benefit tax as explained by CBDT Circular dated 29/8/2005 in response to Question No.35. Hence the contention of the assessee that levy of fringe benefit tax is double taxation is incorrect. 6. It is submitted that the petitioner has contended that the benefits/expenses can be taxed

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

Disallowance of Expenses under Explanation to section 37(1) and in respect of third issue i.e., addition made on account of sale of Land, the ITAT set-aside the order of CIT (A) on that issue and restored the matter to A.O. for a fresh decision with the same directions as were given by the tribunal

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

disallowance under Section 14A read with Rule8D(2)(ii) of the Rules and therefore, same conclusion ought to have been drawn to Section 36

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

disallowance under Section 14A read with Rule8D(2)(ii) of the Rules and therefore, same conclusion ought to have been drawn to Section 36

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

disallowance under Section 14A read with Rule8D(2)(ii) of the Rules and therefore, same conclusion ought to have been drawn to Section 36

COMMISSIONER OF INCOME TAX-III vs. M/S SYNDICATE BANK

The appeals are disposed of

ITA/256/2011HC Karnataka24 Jan 2020

Bench: ALOK ARADHE,RAVI V HOSMANI

Section 260Section 260ASection 36(1)(vii)Section 36(1)(viia)

2) / 142(1) of the Act were issued to the Assessee an order under Section 143(3) of the Act was passed on 28.02.2005 disallowing an amount of Rs.192,53,21,426/- on reversal of interest pertaining to earlier years as deduction out of current years income and added back to interest on zero coupon bonds to the tune

M/S FIDELITY BUSINESS SERVICES INDIA PVT LTD vs. ASSISTANT COMMISSIONER OF INCOME TAX

ITA/512/2017HC Karnataka23 Jul 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 2(22)(e)Section 254Section 260

36. He also drew our attention to Section 46-A of the Act which provides for “Levy of capital gains on purchase by the Company of its own shares or other specified securities”. The said provision is also quoted below for ready reference:- “Section 46A: Where a shareholder or a holder of other specified securities receives Date of Judgment

THE COMMISSIONER OF INCOME TAX vs. ING VYSYA BANK LTD

In the result, this appeal is allowed in part,

ITA/2886/2005HC Karnataka06 Jun 2012

Bench: B.MANOHAR,D.V.SHYLENDRA KUMAR

Section 143Section 260Section 36(1)(vii)Section 37(2)Section 80M

36(1)(vii-a) had not been complied with by the assessee. (4) Whether the Tribunal was correct in holding that the Assessing Officer had correctly disallowed the claim made by the assessee regarding entertainment expenditure of Rs.16,21,016/- on the basis that 50% should be treated a expenditure relating to staff and cannot be brought 4 under

M/S J K CEMENT WORKS vs. THE STATE OF KARNATAKA

STRP/100001/2014HC Karnataka23 Mar 2017

Bench: H.B.PRABHAKARA SASTRY,VINEET KOTHARI

Section 63Section 65Section 65(1)

disallowed in the hands of the petitioner assessee. 14. We are fully fortified in our view by the recent decision of another Division Bench of this Court in the case of Hindustan Uniliver Limited Vs. State of Karnataka [2016] 90 VST 236 (Karn), wherein the Division Bench of this Court, relying upon the decision of the Hon’ble Supreme Court

THE COMMISSIONER OF INCOME TAX vs. PRAVEEN V DODDANAVAR

ITA/100003/2014HC Karnataka20 Feb 2017

Bench: SREENIVAS HARISH KUMAR,VINEET KOTHARI

Section 63Section 65Section 65(1)

disallowed in the hands of the petitioner assessee. 14. We are fully fortified in our view by the recent decision of another Division Bench of this Court in the case of Hindustan Uniliver Limited Vs. State of Karnataka [2016] 90 VST 236 (Karn), wherein the Division Bench of this Court, relying upon the decision of the Hon’ble Supreme Court

THE BAILHONGAL URBAN COOPERATIVE BANK LTD vs. THE COMMISSIONER OF INCOME TAX

ITA/100001/2014HC Karnataka16 Dec 2015

Bench: S.ABDUL NAZEER,P.S.DINESH KUMAR

Section 63Section 65Section 65(1)

disallowed in the hands of the petitioner assessee. 14. We are fully fortified in our view by the recent decision of another Division Bench of this Court in the case of Hindustan Uniliver Limited Vs. State of Karnataka [2016] 90 VST 236 (Karn), wherein the Division Bench of this Court, relying upon the decision of the Hon’ble Supreme Court

M/S HAJEE A.P.BAVA & COMPANY vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

In the result, the appeal is

ITA/555/2018HC Karnataka19 Jun 2020

Bench: ALOK ARADHE,M.NAGAPRASANNA

Section 142(1)Section 143(1)Section 143(2)Section 260Section 260A

disallowance of the bad debts written off under Section- 36(1)(vii) of IT Act read with Section- 36(2

THE COMMISSIONER vs. M/S VIJAYA BANK

ITA/140/2016HC Karnataka06 Nov 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 10Section 115Section 115JSection 143(1)Section 143(2)Section 14ASection 260Section 36Section 36(1)(vii)Section 36(1)(viii)

36(1)(viii) of the Act even though the assessee is not an eligible entity under the provisions of the Act prior to amendment w.e.f. 01.04.2008? 5. Whether on the facts and in the circumstances on the case, the Tribunal were right in law in deleting the disallowance made under section 14A of the Act?” 2

THE COMMISSIONER OF INCOME TAX vs. M/S. STATE BANK OF MYSORE

In the result, the order passed by the tribunal

ITA/355/2013HC Karnataka15 Oct 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 143(3)Section 14ASection 2(24)(x)Section 260Section 260ASection 263Section 36Section 36(1)(vii)Section 36(1)(viia)Section 41(1)

36(1)(viia) of the Act, the subsequent recoveries are not taxable under Section 41(1) or Section 41(4) of the Act. It was further held that disallowance under Section 14A of the Act towards borrowed fund on investment should be restricted to 2

SYNDICATE BANK vs. THE DEPUTY COMMISSIONER OF INCOME TAX

The appeal is allowed in

ITA/783/2018HC Karnataka18 Jun 2021

Bench: SATISH CHANDRA SHARMA,R. NATARAJ

Section 115JSection 260Section 260ASection 36Section 36(1)(viia)

2. The assessee filed its return of income for the assessment year 2011-12 and claimed deduction of a sum of Rs.9,18,82,49,133/- under Section 36 (1)(viia) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’ 3 for short). The deduction claimed comprised of a sum of Rs.8,10,96,43,882/- being

THE COMMISSIONER OF INCOME TAX vs. M/S QUEST GLOBAL ENGINEERING SERVICES PVT. LTD.,

In the result, we don to find any

ITA/133/2015HC Karnataka15 Feb 2021

Bench: ALOK ARADHE,R. NATARAJ

Section 143(1)Section 14ASection 260Section 73

disallowance under Section 14A of the Act, the Commissioner of Income Tax (Appeals) upheld the order of the Assessing Officer. In the result, the appeal preferred by the assessee was partly allowed. The assessee as well as the revenue filed appeals before the Income Tax Appellate Tribunal against the order of Commissioner of Income Tax (Appeals). The Tribunal

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

2. The Revenue have filed the present appeals under Section 260A of the Income Tax Act, 1961 [the Act], impugning a common order dated 08.11.2024 [impugned order], passed by the learned Income Tax Appellate Tribunal [Tribunal] in ITA No.1367/Bang/2024 in respect of the Assessment Year [AY] 2015- 16 and in ITA No.1368/Bang/2024 in respect

THE COMMISSIONER OF INCOME-TAX, vs. M/S CORPORATION BANK

In the result, the third substantial question of law is also answered

ITA/427/2015HC Karnataka23 Nov 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 143(1)Section 14A(1)Section 194HSection 260Section 260ASection 36(1)Section 36(1)(vii)Section 40a

disallowance under Section 36(1)(vii) of the Act. 3. The assessee thereupon filed an appeal before the Commissioner of Income Tax (Appeals) who by an order dated 18.07.2013 partly allowed the appeal preferred by the assessee. The revenue thereupon filed an appeal before the Income Tax Appellate Tribunal (hereinafter referred to as 'the tribunal' for short). The tribunal

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

36,31,184/-. The return of income was processed u/s 143(1) on 15.07.2004 and the case was selected for scrutiny - 21 - and notice u/s 143(2) was issued on 15.07.2004. A questionnaire was issued on 16.8.2005 calling for certain details and the compliance was fixed on 22.8.2005. The assessee-company also had international transactions with Associated Enterprises, which were