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314 results for “transfer pricing”+ Section 56(2)(x)clear

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Key Topics

Addition to Income56Section 26019Section 43Section 2633Section 1002Section 144C2Disallowance2

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

transfer pricing adjustment made by the TPO is not valid in law." 47. In the facts of the case, the ITAT order is squarely applicable because as per the revenue, only because one of the directors of the assessee company and of GLATIPL is common, section 92CA is applicable but it was held by the tribunal in this case that

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

Showing 1–20 of 314 · Page 1 of 16

...
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

56(2)(viib) of the Act and the same is enumerated as Income in Section 2(24)(xvi) pf the Act. However, what is bought into the ambit of income is the premium received from a resident in excess of the fair market value of the shares. In this case what is being sought to be taxed is capital

PR COMMISSIONER OF vs. M/S SOFTBRANDS INDIA

ITA/537/2015HC Karnataka25 Jun 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 260

2) An appeal may lie under this section from an appellate decree passed ex- parte. Date of Judgment 25-06-2018 I.T.A.No.536/2015 C/w I.T.A.No.537/2015 Pr. Commissioner of Income Tax & Anr. Vs. M/s. Softbrands India P. Ltd., 35/80 (3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved

PR COMMISSIONER OF vs. M/S SOFTBRANDS INDIA

ITA/536/2015HC Karnataka25 Jun 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 260

2) An appeal may lie under this section from an appellate decree passed ex- parte. Date of Judgment 25-06-2018 I.T.A.No.536/2015 C/w I.T.A.No.537/2015 Pr. Commissioner of Income Tax & Anr. Vs. M/s. Softbrands India P. Ltd., 35/80 (3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved

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

Transfer Pricing Officer for determination of arms’ length price. As per the return filed the tax payable was Rs.48,38,27,302/-. The assessee also claimed TDS of Rs.6,02,14,066/- and advance tax payment of Rs.59,50,80,000/-. The assessee claimed refund of Rs.17,12,21,725/-. The return of income was processed

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

Transfer Pricing Officer for determination of arms’ length price. As per the return filed the tax payable was Rs.48,38,27,302/-. The assessee also claimed TDS of Rs.6,02,14,066/- and advance tax payment of Rs.59,50,80,000/-. The assessee claimed refund of Rs.17,12,21,725/-. The return of income was processed

M/S SSJV PROJECTS PRIVATE LIMITED vs. M/S ALLAHABAD BANK

In the result, the writ appeals are disposed in

WA/545/2020HC Karnataka29 Jan 2021

Bench: B.V.NAGARATHNA,R. NATARAJ

Section 17Section 31Section 4

56. Before proceeding further, it would be useful to refer to Articles 246 of the Constitution. Article 246 deals with subject matter of laws made by Parliament and by the Legislatures of States. -: 68 :- (a) Clause (1) of Article 246 states that notwithstanding anything in clauses (2) and (3) Parliament has exclusive power to make laws with respect

SRI U M RAMESH RAO vs. UNION BANK OF INDIA

In the result, the writ appeals are disposed in

WA/538/2020HC Karnataka29 Jan 2021

Bench: B.V.NAGARATHNA,R. NATARAJ

Section 17Section 31Section 4

56. Before proceeding further, it would be useful to refer to Articles 246 of the Constitution. Article 246 deals with subject matter of laws made by Parliament and by the Legislatures of States. -: 68 :- (a) Clause (1) of Article 246 states that notwithstanding anything in clauses (2) and (3) Parliament has exclusive power to make laws with respect

R JANARDHANA BABU vs. THE MANAGING DIRECTOR

Accordingly, the writ petitions are allowed

WP/37528/2010HC Karnataka07 Jul 2017

Bench: The Hon’Ble Mr. Justice B. Veerappa

X Royan, d/o Manikyam, aged about 58 years, Glaxosmithkline 41 Pharmaceuticals Limited, Devanahalli Road, Off Old Madras Road, Bangalore-560049 145. Elizebeth Tarsius, d/o D Devaraj, aged about years, Glaxosmithkline Pharmaceuticals Limited, Devanahalli Road, Off Old Madras Road, Bangalore-560049 146. Lezinda Francis, d/o A J Thomas, aged about 58 years, Glaxosmithkline Pharmaceuticals Limited, Devanahalli Road, Off Old Madras Road

THE COMMISSIONER OF INCOME TAX vs. M/S GENISYS INTERGRATING SYSTEMS

ITA/17/2012HC Karnataka09 Jul 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 2Section 260Section 260ASection 92Section 92BSection 92C

X of IT Act relates to special provisions relating to avoidance of tax and sec.92 therein relates to computation of income from international transactions having regard to ALP. Thus, it can be seen that only international transactions between the associated enterprises either or both of whom are non-resident are to be computed having regard to ALP. This issue

THE COMMISSIONER OF INCOME TAX vs. M/S KARNATAKA CO-OPERATIVE MILK PRODUCERS

Appeal is dismissed with costs

ITA/70/2007HC Karnataka26 Sept 2012

Bench: The Hon’Ble Mr. Justice N.K.Sudhindrarao R.S.A.No.70/2007

Section 100

price for sale of property sold by her husband which is western portion of Tataguni estate in favour of plaintiff-Company and she has not agreed to sell the plaint schedule property to the plaintiff at the rate of Rs.40,000/- per acre. 17. It is further claimed that Managing Director of plaintiff-Company K.T. Bhagath was with

MR. BINEESH KODIYERI vs. DIRECTORATE OF ENFORCEMENT

WP/13261/2020HC Karnataka16 Mar 2021

Bench: The Hon’Ble Mr. Justice Suraj Govindaraj Writ Petition No. 13261 Of 2020 (Gm-Res) Between: Mr. Bineesh Kodiyeri S/O Mr. Kodiyeri Balakrishnan Aged About 37 Years Kootamvilla Lane, Maruthankuzhi Thiruvananthapuram District Kerala State – 695013

Section 19Section 482

x) & (y) of the PMLA. Therefore, the Directorate of Enforcement has recorded Enforcement Case Information Report in ECIR No. BGZO/32/ 2020 on 09.09.2020 and initiated investigation under the PMLA. 3.6. Post recording of ECIR on 09.09.2020, the Complainant took up the further investigation WP No. 13261 of 2020 24 of the above case and initially sought for the issuance

PR. COMMISSIONER OF INCOME TAX-4 vs. M/S. KSHEMA TECHNOLOGIES LIMITED

ITA/529/2016HC Karnataka31 Jul 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 260Section 260A

X of the I.T. Act as well as Rule 10 of I.T. Rules, the CIT (Appeals) has proceeded to take the AEs of the assessee as tested party and further recomputed their profit margin by excluding certain expenses which we find is not permitted under the provisions of transfer pricing. Not only changing the tested party from the assessee

THE PR COMMISSIONER OF INCOME TAX, CIT(A) vs. M/S BIESSE MANUFACTURING COMPANY PVT LTD

ITA/1085/2017HC Karnataka05 Jul 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 2(24)(x)Section 260Section 36(1)(va)Section 6

Pricing Officer has considered the comparable on the basis of qualitative and quantitative filters? 2. Whether on the facts and in the circumstances of the case, Tribunal is right in law in setting aside the disallowance made by assessing authority under section 2(24)(x) read with section 36(1)(va) for the Act on account of belated remittance

HINDUSTAN CALCINED METALS PRIVATE LIMITED vs. STATE OF KARNATAKA

In the result, these petitions must succeed

WP/46232/2016HC Karnataka04 Oct 2017

Bench: ABHAY SHREENIWAS OKA (CJ),P.S.DINESH KUMAR

56 AGED AROUND 78 YEARS R/O.Dr.NAGAN GOWDA GARDENS STATION ROAD, HOSPET-583 201 BELLARY DISTRICT ...PETITIONER (BY SHRI.D.L.N.RAO, SENIOR ADVOCATE FOR SHRI.ANIRUDH ANAND, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, M.S.BUILDING Dr.AMBEDKAR VEEDHI BANGALORE-560 001 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, ARANYA BHAVAN 18TH CROSS, MALLESWARAM BANGALORE

M/S PADMAVATHI FERROUS LTD vs. GOVERNMENT OF KARNATAKA

In the result, these petitions must succeed

WP/49694/2016HC Karnataka04 Oct 2017

Bench: ABHAY SHREENIWAS OKA (CJ),P.S.DINESH KUMAR

56 AGED AROUND 78 YEARS R/O.Dr.NAGAN GOWDA GARDENS STATION ROAD, HOSPET-583 201 BELLARY DISTRICT ...PETITIONER (BY SHRI.D.L.N.RAO, SENIOR ADVOCATE FOR SHRI.ANIRUDH ANAND, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, M.S.BUILDING Dr.AMBEDKAR VEEDHI BANGALORE-560 001 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, ARANYA BHAVAN 18TH CROSS, MALLESWARAM BANGALORE

M/S ELECTROTHERM (INDIA)LTD vs. THE STATE OF KARNATAKA

In the result, these petitions must succeed

WP/51110/2016HC Karnataka04 Oct 2017

Bench: ABHAY SHREENIWAS OKA (CJ),P.S.DINESH KUMAR

56 AGED AROUND 78 YEARS R/O.Dr.NAGAN GOWDA GARDENS STATION ROAD, HOSPET-583 201 BELLARY DISTRICT ...PETITIONER (BY SHRI.D.L.N.RAO, SENIOR ADVOCATE FOR SHRI.ANIRUDH ANAND, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, M.S.BUILDING Dr.AMBEDKAR VEEDHI BANGALORE-560 001 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, ARANYA BHAVAN 18TH CROSS, MALLESWARAM BANGALORE

M/S. BMM ISPAT LTD vs. THE STATE OF KARNATAKA

In the result, these petitions must succeed

WP/43969/2016HC Karnataka04 Oct 2017

Bench: ABHAY SHREENIWAS OKA (CJ),P.S.DINESH KUMAR

56 AGED AROUND 78 YEARS R/O.Dr.NAGAN GOWDA GARDENS STATION ROAD, HOSPET-583 201 BELLARY DISTRICT ...PETITIONER (BY SHRI.D.L.N.RAO, SENIOR ADVOCATE FOR SHRI.ANIRUDH ANAND, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, M.S.BUILDING Dr.AMBEDKAR VEEDHI BANGALORE-560 001 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, ARANYA BHAVAN 18TH CROSS, MALLESWARAM BANGALORE

IRON ORE END USERS ASSOCIATION vs. STATE OF KARNATAKA

In the result, these petitions must succeed

WP/43951/2016HC Karnataka04 Oct 2017

Bench: ABHAY SHREENIWAS OKA (CJ),P.S.DINESH KUMAR

56 AGED AROUND 78 YEARS R/O.Dr.NAGAN GOWDA GARDENS STATION ROAD, HOSPET-583 201 BELLARY DISTRICT ...PETITIONER (BY SHRI.D.L.N.RAO, SENIOR ADVOCATE FOR SHRI.ANIRUDH ANAND, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, M.S.BUILDING Dr.AMBEDKAR VEEDHI BANGALORE-560 001 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, ARANYA BHAVAN 18TH CROSS, MALLESWARAM BANGALORE

SATHVAHANA ISPAT LIMITED vs. STATE OF KARNATAKA

In the result, these petitions must succeed

WP/43871/2016HC Karnataka04 Oct 2017

Bench: ABHAY SHREENIWAS OKA (CJ),P.S.DINESH KUMAR

56 AGED AROUND 78 YEARS R/O.Dr.NAGAN GOWDA GARDENS STATION ROAD, HOSPET-583 201 BELLARY DISTRICT ...PETITIONER (BY SHRI.D.L.N.RAO, SENIOR ADVOCATE FOR SHRI.ANIRUDH ANAND, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, M.S.BUILDING Dr.AMBEDKAR VEEDHI BANGALORE-560 001 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, ARANYA BHAVAN 18TH CROSS, MALLESWARAM BANGALORE