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

SRI U M RAMESH RAO vs. UNION BANK OF INDIA

In the result, the writ appeals are disposed in

Bench: B.V.NAGARATHNA,R. NATARAJ

price is less than eight times the net annual income of the land. (2) Nothing in sub-section (1) shall apply to lands granted under Section 77. -: 80 :- 81. Sections 79-A, 79-B, and 80 not to apply in certain cases.- (1) Nothing in Section 79-A or Section 79-B or Section 80 shall apply

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

In the result, the writ appeals are disposed in

Bench: B.V.NAGARATHNA,R. NATARAJ

price is less than eight times the net annual income of the land. (2) Nothing in sub-section (1) shall apply to lands granted under Section 77. -: 80 :- 81. Sections 79-A, 79-B, and 80 not to apply in certain cases.- (1) Nothing in Section 79-A or Section 79-B or Section 80 shall apply

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 KARNATAKA CO-OPERATIVE MILK PRODUCERS

Appeal is dismissed with costs

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

73. The term ‘Sale’ is defined under Section 54 of the Transfer of Property Act, as under: “Sale” defined.—‘‘Sale” is a transfer of ownership in exchange for a price paid or promised or part- paid and part-promised. Sale how made.—Such transfer, in the case of tangible immoveable property of the value of one hundred rupees and upwards

THE PR. COMMISSIONER OF INCOME TAX vs. M/S GOLDMAN SACHS SERVICES PVT LTD

Bench: The Hon'Ble Mr. Justice V. Srishananda Civil Revision Petition No.29/2019 Between

price realized by sale of flats.  The further observation of civil court that the observation of arbitrator about the firm being not impleaded in proceedings is questioned by Petitioner is unsustainable in law. There is no dispute between the firm and the partners. A firm is only a compendious name of all the partners. When all the partners

XIAOMI TECHNOLOGY INDIA PRIVATE LIMITED vs. DEPUTY COMMISSIONER OF INCOME TAX

In the result, I pass the following:

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

transfer pricing adjustment. Pursuant to the said order, the Assessing Officer issued a Notice under Section 142(1) of the I.T.Act for the Assessment Year 2018-19 inter alia calling upon the petitioner to show cause, as to why payment of royalty to the foreign entity i.e., Qualcomm and Beijing Xiaomi Mobile should not be disallowed. On 10.08.2022, petitioner submitted

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

The appeals are allowed; the impugned

Bench: SATISH CHANDRA SHARMA,R. NATARAJ

4.—For the purposes of this sub- section, the expression "know-how" means any industrial information or technique likely to assist in the manufacture or processing of goods or in the working of a mine, oil-well or other sources of mineral deposits (including searching for discovery or testing of deposits for the winning of access thereto). Explanation

R JANARDHANA BABU vs. THE MANAGING DIRECTOR

Accordingly, the writ petitions are allowed

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

73 examined MW-1 to MW-8 and marked documents Exs.M.1 to M.1040. IV Conclusion/ Award by the Tribunal 13. The Labour Court considering the entire oral and documentary evidence on record, by the impugned judgment and award dated 20th May 2010 held that petitioners have voluntarily submitted application in pursuance of voluntary retirement scheme announced by the management

MR. BINEESH KODIYERI vs. DIRECTORATE OF ENFORCEMENT

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

price of which exceeds on e crore rupees; or (d) Fraudulently availing of or attempt to avail of drawback or any exemption from duty provided under this Act, if the amount of drawback or exemption from duty exceeds fifty lakh rupees. WP No. 13261 of 2020 65 (7) Save as otherwise provided in sub-section (6), all other offences under

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

SATHVAHANA ISPAT 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 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

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

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

M/S. HOTHUR TRADERS 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