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747 results for “disallowance”+ Section 5(2)clear

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Key Topics

Section 26082Disallowance48Section 14840Section 10A38Deduction38Addition to Income37Section 14735Section 143(3)31Section 4024Section 260A

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

2] to section 5[3][a] of the Act and in the revision petition and the appeal, the dealers being assessees who are covered by the third proviso, are liable to tax or not is an independent question which can be examined. But, if there is no liability under any of these statutory provisions, there is no gainsaying that liability

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

WP/26037/2005HC Karnataka

Showing 1–20 of 747 · Page 1 of 38

...
23
Section 14A22
Depreciation12
06 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

5. It was contended on behalf of the petitioner that fringe benefit tax is double levy in the hands of the employer. It is submitted that the expenditure allowed under section 37 of the Act is considered for the purpose of fringe benefit tax. The expenditure being personal in nature disallowed under section 37 of the Act is outside

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

5. The other ground was since the lease rentals was being paid to the vendors under the contract, and therefore, the payment/expenses would be attracting the provisions of Section 194-C of the Act. The CIT-A, as regards the deduction under Section 80JJ(AA) held that the said provision would apply to the workmen of the Assessee but held

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 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. It is stated in the appeal that during the assessment proceedings, it was observed that, M/s GLA Trading International

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

2) was issued on 09.11.2001. The assessee moved a rectification application u/s 154 for having wrongly claimed deduction u/s 80HHC at 100% instead of 80%. Rectification order was passed on - 18 - 19.02.2002 and the income was determined at Rs.114,72,43,817/- u/s 143(1) read with Section 154. Notice u/s 142(1) was issued on 21.12.2001 with a questionnaire

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

2) was issued on 09.11.2001. The assessee moved a rectification application u/s 154 for having wrongly claimed deduction u/s 80HHC at 100% instead of 80%. Rectification order was passed on - 18 - 19.02.2002 and the income was determined at Rs.114,72,43,817/- u/s 143(1) read with Section 154. Notice u/s 142(1) was issued on 21.12.2001 with a questionnaire

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

disallowed the depreciation and the High Court affirmed the decision of the Tribunal. On appeal to the Supreme Court: Held, that under Section 254 (1) of the Income-tax Act, 1961, the Appellate Tribunal had no power to take back the benefit conferred by the assessing Officer or enhance the assessment. Since the Assessing Officer had granted depreciation in respect

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

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)

5. Furniture including slotted angles and ready to assemble parts of furniture, stationery articles including paper, sanitary fittings, cement and other construction materials including bricks, timber, wood, glass, mirrors, roofing materials, stones, tiles and paints, toilet articles. ” Date of Order: 23.03.2017 STRP Nos.100001, 100002, 100003 of 2017 M/s.J.K. Cement Works, Bagalkot Vs. The State of Karnataka 18 / 39 8. Having

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)

5. Furniture including slotted angles and ready to assemble parts of furniture, stationery articles including paper, sanitary fittings, cement and other construction materials including bricks, timber, wood, glass, mirrors, roofing materials, stones, tiles and paints, toilet articles. ” Date of Order: 23.03.2017 STRP Nos.100001, 100002, 100003 of 2017 M/s.J.K. Cement Works, Bagalkot Vs. The State of Karnataka 18 / 39 8. Having

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)

5. Furniture including slotted angles and ready to assemble parts of furniture, stationery articles including paper, sanitary fittings, cement and other construction materials including bricks, timber, wood, glass, mirrors, roofing materials, stones, tiles and paints, toilet articles. ” Date of Order: 23.03.2017 STRP Nos.100001, 100002, 100003 of 2017 M/s.J.K. Cement Works, Bagalkot Vs. The State of Karnataka 18 / 39 8. Having

MADHU SOUHARDA PATHINA SAHAKARI NIYAMITHA vs. THE INCOME TAX OFFICER

The appeal stands dismissed

ITA/207/2024HC Karnataka13 Jan 2026

Bench: S.G.PANDIT,K. V. ARAVIND

Section 142(1)Section 144Section 260Section 80ASection 80A(5)Section 80P

2. This appeal is filed by the assessee challenging the order passed by the Income Tax Appellate Tribunal, “B” Bench, Bengaluru (for short, “the Tribunal”) in ITA No. 969/Bang/2023 dated 02.01.2024, relating to the Assessment Year 2017–18. The assessee is assessed in the status of an Association of Persons

PR COMMISSIONER OF INCOME TAX-5 vs. M/S PAGE INDUSTRIES LTD

In the result, the appeal fails and is hereby dismissed

ITA/285/2017HC Karnataka08 Jan 2021

Bench: ALOK ARADHE,R. NATARAJ

Section 143(2)Section 14ASection 260Section 80JSection 92C

2)(iii) to the extent of Rs.20,51,175/- and disallowance of Rs.74,08,964/- under the provisions of Section 80JJAA of the Act were proposed. The 5

THE PR. COMMISSIONER OF INCOME TAX, CIT (A) vs. M/S. MANIPAL HEALTH SYSTEMS PVT. LTD.,

Appeal is dismissed

ITA/817/2018HC Karnataka12 Oct 2023

Bench: P.S.DINESH KUMAR,C.M. POONACHA

Section 260Section 40A(2)

Section 40A(2) of the Income Tax, Act 19614 for the service charges paid to its holding company, M/s. MEMGIIPL5. On appeal, the CIT(A)6 partly allowed assessee's appeal and confirmed the disallowance. On further appeal, the ITAT has 2Assessment Year 3Assessing Officer 4‘the Act’ for short 5

SRI N GOVINDARAJU vs. THE INCOME TAX OFFICER

Appeal stands disposed of

ITA/504/2013HC Karnataka01 Jul 2015

Bench: S.SUJATHA,VINEET SARAN

Section 143(1)Section 147Section 148Section 45(2)

5 of 2010 issued by the CBDT (already reproduced above) also makes this position clear. In our view, there is no conflict between the main section 147 and its Explanation 3. This Explanation has been inserted only to clarify the main section and not 26 curtail its scope. Insertion of Explanation 3 is thus clarificatory and is for the benefit

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

5 and 6 – relate to the division of disallowance under Section 14A of the Act. 16. As noted above, the AO had denied the exemption under Section 10-AA of the Act on the ground that the same was occasioned by TP adjustment. The said disallowance was founded on the proviso to Section

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

Section 254(2) of the Act which was disposed of by an order dated 06.12.2017 and it was held as under: (i) The claim for disallowance of interest made with regard to investments in the share capital of A.N.Coffeeday, the matter was remitted to the Assessing Officer. (ii) With regard to claim made on interest on borrowed capital attributed

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

Section 254(2) of the Act which was disposed of by an order dated 06.12.2017 and it was held as under: (i) The claim for disallowance of interest made with regard to investments in the share capital of A.N.Coffeeday, the matter was remitted to the Assessing Officer. (ii) With regard to claim made on interest on borrowed capital attributed

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

Section 254(2) of the Act which was disposed of by an order dated 06.12.2017 and it was held as under: (i) The claim for disallowance of interest made with regard to investments in the share capital of A.N.Coffeeday, the matter was remitted to the Assessing Officer. (ii) With regard to claim made on interest on borrowed capital attributed

PR. COMMISSIONER OF INCOME TAX-2 vs. M/S.J.J.GLASTRONICS PVT LTD

The appeal stands dismissed

ITA/167/2021HC Karnataka13 Apr 2022

Bench: S.SUJATHA,J.M.KHAZI

Section 10Section 11Section 115JSection 12Section 143(3)Section 14ASection 254Section 260Section 260A

disallowance under Section 14A has to be adopted while arriving at book profit. Learned counsel further submitted that the Miscellaneous - 6 - Petition filed under Section 254(2) of the Act has been dismissed by the Tribunal without application of mind and hence seeks to answer the substantial question of law in favour of the revenue and against the assessee