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26 results for “reassessment”+ Section 120(1)clear

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Key Topics

Section 26043Section 80I14Addition to Income12Section 4826Section 143(3)5Section 124Section 1474Section 260A3Section 1483Reassessment

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

The appeals are dismissed

ITA/2564/2005HC Karnataka13 Dec 2012

Bench: ARAVIND KUMAR,N.KUMAR

Section 260Section 260A

reassessment shall be deemed to constitute satisfaction of the Assessing Officer for initiation of the penalty proceedings under the said clause (c).” 49. By the aforesaid deeming provision a legal fiction is created. When the assessment order contains a direction for initiation of penalty proceedings such order shall deem to constitute satisfaction of the Assessing Officer for initiation of penalty

AZIM PREMJI TRUSTEE COMPANY PVT LTD vs. DEPUTY COMMISSIONER OF INCOME TAX

In the result, I pass the following:-

WP/15910/2022HC Karnataka28 Oct 2022

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

Showing 1–20 of 26 · Page 1 of 2

3
Disallowance2
Deduction2
Section 143(3)Section 148Section 148ASection 56(2)

reassessment proceedings by issuing a notice dated 30.06.2021; it is therefore clear that in the facts of the instant case, Section 149(1)(b) was not applicable and it was only Section 149(1)(a) of the I.T.Act that was applicable and consequently, the impugned proceedings pursuant to the Notice dated 30.06.2021 issued beyond he period of limitation, which expired

THE PR COMMISSIONER OF vs. M/S MPHASIS LIMITED

ITA/909/2017HC Karnataka16 Aug 2018

Bench: The Hon'Ble Mr. Justice M. Nagaprasanna

Section 482

120, authorise the said officer to take action under any of the clauses aforesaid in respect of such building, place, vessel, vehicle or aircraft. [Explanation.— For the removal of doubts, it is hereby declared that the reason to suspect, as recorded by the income-tax authority under this sub-section, shall not be disclosed to any person or any authority

THE PR. COMMISSIONER OF INCOME TAX vs. M/S BIOPLUS LIFE SCIENCES PVT LTD

In the result, I pass the following:-

ITA/1014/2017HC Karnataka24 Jul 2018

Bench: The Hon'Ble Mr.Justice S.R.Krishna Kumar Writ Petition No.1014 Of 2017 (T-Kst) Between: M/S. Rainbow Colour Lab, No.13, D.J.C. Complex, Hudson Circle, Bengaluru – 560 027. A Partnership Firm Represented By Its Partner Sri.G.K.Madan Mohan, Aged About 62 Years, S/O Sri.G.V.Krishna Reddy. ...Petitioner (By Sri. M.Thirumalesh, Advocate ) And: 1. State Of Karnataka

Section 12

reassessment to give effect to an order of competent court, would mean an order passed under the sales tax law and not under any other Act. 6. In S.C. Prashar v. Vasantsen Dwarkadas, [1963] 49 ITR 1 (SC), Godbole (P.V.), Income-tax Officer v. Jagannath Fakirchand, [1963] 49 ITR 88 (SC) and Commissioner of Income-tax v. Sardar Lakhmir Singh

DEVAS MULTIMEDIA PRIVATE LIMITED vs. THE PRINCIPAL COMMISSIONER OF INCOME-TAX

WP/11618/2016HC Karnataka27 Sept 2019

Bench: The Hon’Ble Mr.Justice P.B. Bajanthri Writ Petition No.11618 Of 2016 (T-It) Between:

Section 142(4)Section 143(2)Section 143(3)Section 144Section 144CSection 263Section 92C

reassessment or recomputation or fresh assessment, as the case may be, expires:) 22 (Provided that in the circumstances referred to in clause (ii) or clause (x) of Explanation 1 to section 153, if the period of limitation available to the Transfer Pricing Officer for making an order is less than sixty days, such remaining period shall be deemed to have

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

ITA/332/2007HC Karnataka26 Nov 2013

Bench: N.KUMAR,RATHNAKALA

Section 143(3)Section 154Section 260ASection 271(1)(c)

reassessment shall be deemed to constitute satisfaction of the Assessing Officer for initiation of the penalty proceedings under the said clause (c).” 49. By the aforesaid deeming provision a legal fiction is created. When the assessment order contains a direction for initiation of penalty proceedings such order shall deem to constitute satisfaction of the Assessing Officer for initiation of penalty

M/S. HINDUSTAN COCA COLA vs. STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

WP/38509/2015HC Karnataka29 Mar 2016

Bench: ANAND BYRAREDDY

1, 2015, the Karnataka Value Added Tax (Amendment) Act, 2015 (“the 2015 KVAT Amendment Act” for short) was brought into force. As proposed in the Karnataka State Budget for the years 2015-16 Section 5 of the 2015 KVAT Amendment Act substituted Section 10(3) of the KVAT Act. Section 10(3) as substituted by the 2015 KVAT Amendment

KAVERI PLASTO CONTAINERS PVT LTD vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

WP/11249/2016HC Karnataka29 Mar 2016

Bench: ANAND BYRAREDDY

1, 2015, the Karnataka Value Added Tax (Amendment) Act, 2015 (“the 2015 KVAT Amendment Act” for short) was brought into force. As proposed in the Karnataka State Budget for the years 2015-16 Section 5 of the 2015 KVAT Amendment Act substituted Section 10(3) of the KVAT Act. Section 10(3) as substituted by the 2015 KVAT Amendment

SONAL APPAREL PRIVATE LTD., vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

WP/22483/2015HC Karnataka29 Mar 2016

Bench: ANAND BYRAREDDY

1, 2015, the Karnataka Value Added Tax (Amendment) Act, 2015 (“the 2015 KVAT Amendment Act” for short) was brought into force. As proposed in the Karnataka State Budget for the years 2015-16 Section 5 of the 2015 KVAT Amendment Act substituted Section 10(3) of the KVAT Act. Section 10(3) as substituted by the 2015 KVAT Amendment

M/S INDIA MOTOR PARTS & ACCESSORIES LTD vs. THE DEPUTY COMMISSIONER OF

Of the Department's clouded interpretation of the Centum

WP/2925/2016HC Karnataka29 Mar 2016

Bench: ANAND BYRAREDDY

1, 2015, the Karnataka Value Added Tax (Amendment) Act, 2015 (“the 2015 KVAT Amendment Act” for short) was brought into force. As proposed in the Karnataka State Budget for the years 2015-16 Section 5 of the 2015 KVAT Amendment Act substituted Section 10(3) of the KVAT Act. Section 10(3) as substituted by the 2015 KVAT Amendment

ACE DESIGNERS LIMITED vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

WP/57835/2015HC Karnataka29 Mar 2016

Bench: ANAND BYRAREDDY

1, 2015, the Karnataka Value Added Tax (Amendment) Act, 2015 (“the 2015 KVAT Amendment Act” for short) was brought into force. As proposed in the Karnataka State Budget for the years 2015-16 Section 5 of the 2015 KVAT Amendment Act substituted Section 10(3) of the KVAT Act. Section 10(3) as substituted by the 2015 KVAT Amendment

INGRAM MICRO INDIA PVT. LTD. vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

WP/56067/2015HC Karnataka29 Mar 2016

Bench: ANAND BYRAREDDY

1, 2015, the Karnataka Value Added Tax (Amendment) Act, 2015 (“the 2015 KVAT Amendment Act” for short) was brought into force. As proposed in the Karnataka State Budget for the years 2015-16 Section 5 of the 2015 KVAT Amendment Act substituted Section 10(3) of the KVAT Act. Section 10(3) as substituted by the 2015 KVAT Amendment

INGRAM MICRO INDIA PVT.LTD. vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

WP/3104/2016HC Karnataka29 Mar 2016

Bench: ANAND BYRAREDDY

1, 2015, the Karnataka Value Added Tax (Amendment) Act, 2015 (“the 2015 KVAT Amendment Act” for short) was brought into force. As proposed in the Karnataka State Budget for the years 2015-16 Section 5 of the 2015 KVAT Amendment Act substituted Section 10(3) of the KVAT Act. Section 10(3) as substituted by the 2015 KVAT Amendment

M/S. HINDUSTAN COCA COLA vs. STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

WP/38510/2015HC Karnataka29 Mar 2016

Bench: ANAND BYRAREDDY

1, 2015, the Karnataka Value Added Tax (Amendment) Act, 2015 (“the 2015 KVAT Amendment Act” for short) was brought into force. As proposed in the Karnataka State Budget for the years 2015-16 Section 5 of the 2015 KVAT Amendment Act substituted Section 10(3) of the KVAT Act. Section 10(3) as substituted by the 2015 KVAT Amendment

DEPA INDIA PRIVATE LTD. vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

WP/23533/2015HC Karnataka29 Mar 2016

Bench: ANAND BYRAREDDY

1, 2015, the Karnataka Value Added Tax (Amendment) Act, 2015 (“the 2015 KVAT Amendment Act” for short) was brought into force. As proposed in the Karnataka State Budget for the years 2015-16 Section 5 of the 2015 KVAT Amendment Act substituted Section 10(3) of the KVAT Act. Section 10(3) as substituted by the 2015 KVAT Amendment

M/S. HIMALAYA DRUG COMPANY vs. THE DEPUTY COMMISSIONER OF INCOME TAX

ITA/441/2014HC Karnataka15 Sept 2021

Bench: S.SUJATHA,RAVI V HOSMANI

Section 260

1), Bengaluru to DCIT, Central Circle, Bengaluru on 20.07.2009, as per the order passed under Section 127(2) dated 20.07.2009; notices under Section 153C for the assessment years under consideration were issued by the DCIT, Central Circle, Bengaluru on 11.05.2009; date of transfer of files from ACIT is 19.08.2009. Thus, it is ex-facie apparent that the - 19 - notices under

THE COMMISSIONER OF INCOME TAX vs. M/S HIMALAYA DRUG COMPANY

ITA/509/2014HC Karnataka15 Sept 2021

Bench: S.SUJATHA,RAVI V HOSMANI

Section 260

1), Bengaluru to DCIT, Central Circle, Bengaluru on 20.07.2009, as per the order passed under Section 127(2) dated 20.07.2009; notices under Section 153C for the assessment years under consideration were issued by the DCIT, Central Circle, Bengaluru on 11.05.2009; date of transfer of files from ACIT is 19.08.2009. Thus, it is ex-facie apparent that the - 19 - notices under

THE COMMISSIONER OF INCOME TAX vs. M/S HIMALAYA DRUG COMPANY

ITA/512/2014HC Karnataka15 Sept 2021

Bench: S.SUJATHA,RAVI V HOSMANI

Section 260

1), Bengaluru to DCIT, Central Circle, Bengaluru on 20.07.2009, as per the order passed under Section 127(2) dated 20.07.2009; notices under Section 153C for the assessment years under consideration were issued by the DCIT, Central Circle, Bengaluru on 11.05.2009; date of transfer of files from ACIT is 19.08.2009. Thus, it is ex-facie apparent that the - 19 - notices under

THE COMMISSIONER OF INCOME TAX vs. M/S HIMALAYA DRUG COMPANY

ITA/513/2014HC Karnataka15 Sept 2021

Bench: S.SUJATHA,RAVI V HOSMANI

Section 260

1), Bengaluru to DCIT, Central Circle, Bengaluru on 20.07.2009, as per the order passed under Section 127(2) dated 20.07.2009; notices under Section 153C for the assessment years under consideration were issued by the DCIT, Central Circle, Bengaluru on 11.05.2009; date of transfer of files from ACIT is 19.08.2009. Thus, it is ex-facie apparent that the - 19 - notices under

THE COMMISSIONER OF INCOME TAX vs. M/S HIMALAYA DRUG COMPANY

ITA/515/2014HC Karnataka15 Sept 2021

Bench: S.SUJATHA,RAVI V HOSMANI

Section 260

1), Bengaluru to DCIT, Central Circle, Bengaluru on 20.07.2009, as per the order passed under Section 127(2) dated 20.07.2009; notices under Section 153C for the assessment years under consideration were issued by the DCIT, Central Circle, Bengaluru on 11.05.2009; date of transfer of files from ACIT is 19.08.2009. Thus, it is ex-facie apparent that the - 19 - notices under