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144 results for “disallowance”+ Section 43(5)clear

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Key Topics

Section 260A179Section 260160Addition to Income34Disallowance29Section 14825Deduction22Section 10A16Section 14A15Section 143(3)14Section 147

M/S MYSORE POLYMERS & RUBBER PRODUCTS LTD vs. THE COMMISSIONER OF COMMERCIAL TAXES

In the result, writ appeal No

STRP/112/2008HC Karnataka17 Jun 2013

Bench: D.V.SHYLENDRA KUMAR,B.S.INDRAKALA

Section 23(1)Section 24(1)Section 4Section 6

43 when there is a scope for construction and need for construction etc. 56. Relevant portion of Section 6-B of the Act reads as under: “6-B. Levy of resale tax.- (1) Every registered dealer and every dealer who is liable to get himself registered under sub-Sections (1) and (2) of Section 10 whose total turnover

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

In the result, I proceed to pass the following:

Showing 1–20 of 144 · Page 1 of 8

...
12
Depreciation12
Revision u/s 26311
WP/7004/2014
HC Karnataka
24 Apr 2015

Bench: The Hon’Ble Mr.Justice Aravind Kumar

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

Section 43(4)(ii) of the Act and accordingly disallowance of the claim is without jurisdiction and it would amount to sitting in judgment over the certificate issued by the prescribed authority and same is impermissible. 5

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

43,817/- u/s 143(1) read with Section 154. Notice u/s 142(1) was issued on 21.12.2001 with a questionnaire. Further notices u/s 142 (1) were issued on various dates beginning from 7.10.2003 to 8.3.2004. The assessee- company filed written replies along with enclosures from time to time. The return furnished on 30.10.2001 was processed

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

43,817/- u/s 143(1) read with Section 154. Notice u/s 142(1) was issued on 21.12.2001 with a questionnaire. Further notices u/s 142 (1) were issued on various dates beginning from 7.10.2003 to 8.3.2004. The assessee- company filed written replies along with enclosures from time to time. The return furnished on 30.10.2001 was processed

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

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

disallowed under Section 43- B which, as stated above, was inserted with effect from 1st April, 1984. It is also relevant to note that the first proviso which came into force with effect from 1st April, 1988 was not on the statute book when the assessments were made in the case of Allied Motors (P) Limited (supra). However, the Assessee

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

The appeal is dismissed accordingly

ITA/62/2018HC Karnataka24 Feb 2021

Bench: SATISH CHANDRA SHARMA,V SRISHANANDA

Section 10BSection 143(3)Section 144Section 260

section 43(5) of the Act.” 8. This Court has admitted the appeal on the following substantial questions of law : “1. Whether the Tribunal on the facts and circumstances of the case, the Tribunal is right in law in setting aside the disallowance

SMT. PUNEETHA @ PUNEETHA B. A. vs. SRI. D. RAVI

The appeal is dismissed accordingly

RPFC/62/2018HC Karnataka28 Feb 2020

Bench: R DEVDAS

Section 10BSection 143(3)Section 144Section 260

section 43(5) of the Act.” 8. This Court has admitted the appeal on the following substantial questions of law : “1. Whether the Tribunal on the facts and circumstances of the case, the Tribunal is right in law in setting aside the disallowance

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

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

43 relates to taxes wherein fringe benefits has been included. Therefore, total income is required to be taken under Section 4 which is the charging section. 8. Learned counsel for the respondent vehemently contended that where a validity of an Act is under challenge, scope of interference by the Court is limited to the extent of, “Whether legislative competency

COMMISSIONER OF INCOME-TAX, vs. SHREE RENUKA SUGARS LTD.,

The Appeals are allowed

ITA/5006/2011HC Karnataka31 Aug 2012

Bench: K.BHAKTHAVATSALA,B.SREENIVASE GOWDA

Section 260ASection 43(1)

disallowing the claim for depreciation to the extent of subsidy received towards co-generation plant. The assessee challenged the order of the Assessing Officer at Annexure-B in each case before the C I T (Appeals) in ITA No.309 and 376/BGM/08-09. The CIT, placing reliance on the earlier order passed by the ITAT, by order dated 31.8.2009 (vide Annexure

M/S PADMINI PRODUCTS (P) LTD., vs. THE DEPUTY COMMISSIONER OF INCOME TAX

In the result, the aforesaid

ITA/154/2014HC Karnataka05 Oct 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 147Section 148Section 260Section 260ASection 32(1)Section 43(1)

5) to Section 32(1) of the Act, which was actually existing in the earlier concern viz., the partnership firm. Therefore, the original assets, which were added in the company at the time of succession cannot be considered for the purposes of depreciation. Accordingly, the claim for depreciation on intangible assets was disallowed. 3. Being aggrieved, the assessee filed

THE COMMISSIONER OF INCOME TAX vs. M/S AMCO POWER SYSTEMS LTD.,

ITA/769/2009HC Karnataka07 Oct 2015

Bench: B.MANOHAR,VINEET SARAN

Section 260

5. Similarly, for the earlier four assessment years 1999-2000, 2000-01, 2001-02 and 2002-03, the case of the assessee was reopened under Section 147/148 of the Act and the benefit granted in such years under Section 35AB of the Act was disallowed. However, because of limitation, the assessment for the assessment year 1998-99, in which also

THE COMMISSIONER OF INCOME TAX vs. M/S AMCO POWER SYSTEMS LTD

ITA/1046/2008HC Karnataka07 Oct 2015

Bench: B.MANOHAR,VINEET SARAN

Section 260

5. Similarly, for the earlier four assessment years 1999-2000, 2000-01, 2001-02 and 2002-03, the case of the assessee was reopened under Section 147/148 of the Act and the benefit granted in such years under Section 35AB of the Act was disallowed. However, because of limitation, the assessment for the assessment year 1998-99, in which also

THE COMMISSIONER OF INCOME TAX vs. M/S AMCO POWER SYSTEMS LTD.,

ITA/765/2009HC Karnataka07 Oct 2015

Bench: B.MANOHAR,VINEET SARAN

Section 260

5. Similarly, for the earlier four assessment years 1999-2000, 2000-01, 2001-02 and 2002-03, the case of the assessee was reopened under Section 147/148 of the Act and the benefit granted in such years under Section 35AB of the Act was disallowed. However, because of limitation, the assessment for the assessment year 1998-99, in which also

THE COMMISSIONER OF INCOME TAX vs. M/S AMCO POWER SYSTEMS LTD.,

ITA/767/2009HC Karnataka07 Oct 2015

Bench: B.MANOHAR,VINEET SARAN

Section 260

5. Similarly, for the earlier four assessment years 1999-2000, 2000-01, 2001-02 and 2002-03, the case of the assessee was reopened under Section 147/148 of the Act and the benefit granted in such years under Section 35AB of the Act was disallowed. However, because of limitation, the assessment for the assessment year 1998-99, in which also

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

5. The assessee thereupon filed an appeal before Commissioner of Income Tax (Appeals) who by an order dated 24.12.2012 upheld the order of assessment. The assessee thereupon approached the Tribunal by filing an appeal. The tribunal by an order 7 dated 22.04.2016 though upheld the order of Commissioner of Income Tax (Appeals) in respect of finding that expenses of Rs.570

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

5. The assessee thereupon filed an appeal before Commissioner of Income Tax (Appeals) who by an order dated 24.12.2012 upheld the order of assessment. The assessee thereupon approached the Tribunal by filing an appeal. The tribunal by an order 7 dated 22.04.2016 though upheld the order of Commissioner of Income Tax (Appeals) in respect of finding that expenses of Rs.570

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

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 preferred an appeal before the Tribunal against the additions made hereinabove, which came to be allowed. 5

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

disallowance of 10% of dividend income under Section 14A of the Act. 5. The Assessee is engaged in the business of providing back office support and data processing services to its customers. The Assessee had filed its return of income [ROI] for the AY 2015-16 and AY 2016-17 on 30.11.2015 and 14.10.2016 respectively. The Assessee had declared

KARNATAKA STATE BEVERAGES CORPORTION LIMITED vs. THE COMMISSIONER OF INCOME TAX

WP/12872/2013HC Karnataka18 Feb 2016

Bench: The Hon’Ble Mr. Justice Anand Byrareddy Writ Petition No.12872 Of 2013 (T-It) Connected With Writ Petition No.14687 Of 2014 (T-It), Writ Petition No.15910 Of 2015 (T-It) & Writ Petition No.17514 Of 2015 (T-It) In W.P.No.12872 Of 2013 Between: Karnataka State Beverages Corporation Limited, Represented By It’S Executive Director (Finance), Sri. Shrikant B Vanahalli, Aged About 57 Years, No.78, Seethalakshmi Towers, Mission Road, Bangalore 560 027. …Petitioner

5 need bear no, quid pro quo to the services rendered to the licencees. The word 'fee' is not used in the Act or the Rules in the technical sense of the expression. By 'licence fee' or 'fixed fee' is meant the price or consideration which the Government charges to the licensees for parting with its privileges and granting them