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

The appeals stand disposed of, accordingly

Bench: N.KUMAR,B.SREENIVASE GOWDA

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

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

The appeals stand disposed of, accordingly

Bench: N.KUMAR,B.SREENIVASE GOWDA

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

THE PR. COMMISSIONER OF INCOME TAX vs. M/S CISCO SYSTEMS

The appeals are allowed; the impugned

Bench: SATISH CHANDRA SHARMA,R. NATARAJ

price for which it is sold, so, however, that where the actual cost of a motor car is, in accordance with the proviso to clause (1) of section 43, taken to be twenty-five thousand rupees, the moneys payable in respect of such motor car shall be taken to be a sum which bears to the amount for which

M/S. EVERGREEN HARDWARE STORES vs. THE ASSISTANT COMMISSIONER OF

Appeal is allowed

Bench: P.S.DINESH KUMAR,UMESH M ADIGA

73,419/- in various mutual funds from out of the Bank loans and Partners' Capital Account and paid interest on the borrowings. The Assessing Officer called upon the assessee to show cause as to why disallowance should be made under Section 14A of the IT Act and Rule 8(D) of the Rules. The assessee has explained that the investment

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

Bench: S.SUJATHA,VINEET KOTHARI

transfer of the reserves and surplus to the holding company by avoiding the payment of tax and therefore it will be treated as a colourable device. There are two aspects in this transaction- (i) It is a simple and plain transaction of buy back of shares without having any dispute of price then the same is beyond the scope

PR COMMISSIONER OF INCOME TAX vs. M/S IND SING DEVELOPERS P LTD

The appeal is dismissed

Bench: B.V.NAGARATHNA,JAYANT PATEL

Section 110 of the Act, if an AOP is chargeable to tax at maximum marginal rate then the share of profits in the hands of the members is not chargeable to tax at all. 19. Now against the above contours of taxability of an AOP, we have to see the facts of the case before us. The first

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

In the result, we don to find any

Bench: ALOK ARADHE,R. NATARAJ

73 does not allow setting off of speculation loss against any other income other than speculation income?" 2. Facts leading to filing of this appeal briefly stated are that the assessee is a company engaged in the business of providing computer aided engineering analysis and software services. The assessee filed its return of income for the Assessment Year

HERBALIFE INTERNATIONAL INDIA PVT LTD vs. THE COMMISSIONER OF INCOME TAX

In the result, the assessee's appeal for

Bench: V KAMESWAR RAO,S RACHAIAH

Transfer Pricing Adjustment of ALP, Doubtful Debts Written Off, Administrative Fees. According to him, no enquiry in the matter of Assessee’s claim for 100% depreciation on leasehold improvements was conducted by the Assessing Officer is established by the admission of the AR of the Assessee before the learned CIT on 13.12.2014 in the course of revisionary proceedings. 14. According

IRON ORE END USERS ASSOCIATION vs. STATE OF KARNATAKA

In the result, these petitions must succeed

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

73 4. THE DEPUTY CONSERVATOR OF FORESTS BELLARY DIVISION BELLARY-583 101 5. THE MONITORING COMMITTEE BY ITS CHAIRMAN-DIRECTOR OF MINES AND GEOLOGY “KHANIJA BHAVAN”, RACE COURSE ROAD BANGALORE-560 001 … RESPONDENTS (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT Nos.1 TO 4; SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG

M/S PADMAVATHI FERROUS LTD vs. GOVERNMENT OF KARNATAKA

In the result, these petitions must succeed

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

73 4. THE DEPUTY CONSERVATOR OF FORESTS BELLARY DIVISION BELLARY-583 101 5. THE MONITORING COMMITTEE BY ITS CHAIRMAN-DIRECTOR OF MINES AND GEOLOGY “KHANIJA BHAVAN”, RACE COURSE ROAD BANGALORE-560 001 … RESPONDENTS (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT Nos.1 TO 4; SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG

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

In the result, these petitions must succeed

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

73 4. THE DEPUTY CONSERVATOR OF FORESTS BELLARY DIVISION BELLARY-583 101 5. THE MONITORING COMMITTEE BY ITS CHAIRMAN-DIRECTOR OF MINES AND GEOLOGY “KHANIJA BHAVAN”, RACE COURSE ROAD BANGALORE-560 001 … RESPONDENTS (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT Nos.1 TO 4; SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG

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

In the result, these petitions must succeed

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

73 4. THE DEPUTY CONSERVATOR OF FORESTS BELLARY DIVISION BELLARY-583 101 5. THE MONITORING COMMITTEE BY ITS CHAIRMAN-DIRECTOR OF MINES AND GEOLOGY “KHANIJA BHAVAN”, RACE COURSE ROAD BANGALORE-560 001 … RESPONDENTS (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT Nos.1 TO 4; SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG

M/S. SRI SHIV SHAKTI STEEL & ALLOYS vs. STATE OF KARNATAKA

In the result, these petitions must succeed

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

73 4. THE DEPUTY CONSERVATOR OF FORESTS BELLARY DIVISION BELLARY-583 101 5. THE MONITORING COMMITTEE BY ITS CHAIRMAN-DIRECTOR OF MINES AND GEOLOGY “KHANIJA BHAVAN”, RACE COURSE ROAD BANGALORE-560 001 … RESPONDENTS (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT Nos.1 TO 4; SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG

M/S LAKSHMINARAYANA MINING COMPANY vs. STATE OF KARNATAKA

In the result, these petitions must succeed

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

73 4. THE DEPUTY CONSERVATOR OF FORESTS BELLARY DIVISION BELLARY-583 101 5. THE MONITORING COMMITTEE BY ITS CHAIRMAN-DIRECTOR OF MINES AND GEOLOGY “KHANIJA BHAVAN”, RACE COURSE ROAD BANGALORE-560 001 … RESPONDENTS (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT Nos.1 TO 4; SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG

HINDUSTAN CALCINED METALS PRIVATE LIMITED vs. STATE OF KARNATAKA

In the result, these petitions must succeed

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

73 4. THE DEPUTY CONSERVATOR OF FORESTS BELLARY DIVISION BELLARY-583 101 5. THE MONITORING COMMITTEE BY ITS CHAIRMAN-DIRECTOR OF MINES AND GEOLOGY “KHANIJA BHAVAN”, RACE COURSE ROAD BANGALORE-560 001 … RESPONDENTS (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT Nos.1 TO 4; SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG

MUKUND LIMITED vs. STATE OF KARNATAKA

In the result, these petitions must succeed

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

73 4. THE DEPUTY CONSERVATOR OF FORESTS BELLARY DIVISION BELLARY-583 101 5. THE MONITORING COMMITTEE BY ITS CHAIRMAN-DIRECTOR OF MINES AND GEOLOGY “KHANIJA BHAVAN”, RACE COURSE ROAD BANGALORE-560 001 … RESPONDENTS (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT Nos.1 TO 4; SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG

M/S JEEVAKA INDUSTRIES PRIVATE LIMITED vs. STATE OF KARNATAKA

In the result, these petitions must succeed

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

73 4. THE DEPUTY CONSERVATOR OF FORESTS BELLARY DIVISION BELLARY-583 101 5. THE MONITORING COMMITTEE BY ITS CHAIRMAN-DIRECTOR OF MINES AND GEOLOGY “KHANIJA BHAVAN”, RACE COURSE ROAD BANGALORE-560 001 … RESPONDENTS (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT Nos.1 TO 4; SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG

M/S S.V.CHETTY IRON ORE MINES vs. STATE OF KARNATAKA

In the result, these petitions must succeed

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

73 4. THE DEPUTY CONSERVATOR OF FORESTS BELLARY DIVISION BELLARY-583 101 5. THE MONITORING COMMITTEE BY ITS CHAIRMAN-DIRECTOR OF MINES AND GEOLOGY “KHANIJA BHAVAN”, RACE COURSE ROAD BANGALORE-560 001 … RESPONDENTS (BY SHRI.S.K.BAGARIA, SENIOR ADVOCATE ALONG WITH SHRI.A.S.PONNANNA, ADDITIONAL ADVOCATE GENERAL AND SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT Nos.1 TO 4; SHRI.ADITYA SONDHI, SENIOR ADVOCATE ALONG