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23 results for “disallowance”+ Section 53(1)(i)clear

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Key Topics

Section 115J11Deduction9Addition to Income9Section 808Section 2607Section 36(1)(ii)6Section 374Section 254Section 43B4Section 147

Commissioner of Income Tax, vs. Dr. T.Ravi Kumar,

ITTA/102/2012HC Telangana24 Jul 2013

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani & The Hon’Ble Justice Rajarshi Bharadwaj Date : 10Th April, 2024. Appearance: Mr. J. P. Khaitan, Senior Advocate Mr. Sanjay Bhowmick, Advocate Ms. Swapna Das, Advocate … For The Appellant. Ms. Smita Das De, Advocate … For The Respondent. 1. Heard Sri J. P. Khaitan, Learned Senior Advocate Assisted By Sri Sanjay Bhowmick, Learned Counsel For The Appellant/Assessee & Ms. Smita Das De, Learned Senior Standing Counsel For The Respondent. 2. The Assessment Years Involved In The Present Appeal Are Assessment Year 1999-2000 & Assessment Year 2000-01. By Order Dated 16.08.2012, This Appeal Was Admitted On The Following Substantial Questions Of Law :-

Section 143(3)Section 147Section 148Section 24(1)(i)Section 32Section 43B

53,30,569/-. Thus, total loss disclosed was Rs.5,57,59,010/-. During the assessment year in question, the assessee had leased the hotel vide agreement dated 01.11.1998. Lease rent received by the assessee for the period from 01.11.1998 to 31.3.1999 was Rs.15,00,000/-. The 3 assessee filed a revised return of income on 30.11.2000 showing income of Rs.11

Showing 1–20 of 23 · Page 1 of 2

4
Disallowance3
Depreciation3

The Commissioner of Income Tax I vs. M/s. Bhagiradha Chemicals AND Industries Ltd.,

The appeal is disposed of

ITTA/447/2013HC Telangana25 Sept 2013
Section 115JSection 263Section 36(1)(ii)Section 80

53,949/- had been paid to the two Managing Directors, but should have been disallowed under Section 36(1)(ii) of the Act. Secondly

The Commissioner of Income Tax - Central vs. M/s. Himagiri Biotech Pvt. Ltd.,

ITTA/526/2013HC Telangana30 Oct 2013
Section 36

disallowance can be made.” 9. It is argued by the revenue that ITAT has failed to appreciate that for the claim of interest, it is necessary that, firstly, the money ITA Nos.512/2013, 516/2013, 517/2013, 518/2013, 519/2013 & 526/2013 Page 10 must have been borrowed by the assessee, secondly, it must have been borrowed for the purpose of business and thirdly

Sri Rajesh Rawtani vs. The Income Tax Officer

The appeals are disposed off in the above

ITTA/278/2010HC Telangana17 Dec 2025

Bench: P.SAM KOSHY,SUDDALA CHALAPATHI RAO

Section 10Section 37(1)

1) (arising in ITA-1578/2010 and 278/2010)? (4) Whether the Tribunal fell into error in holding that loss of one project eligible for deduction under Section-80 HHB could not be set of against the profits of other projects eligible under the same provision (arising in ITA 1578/2010 and 278/2010)? 3. Question No.1 – Whether the provisions made claiming deduction

The Commissioner of Income Tax-III vs. Smt.Anitha Sanghi

ITTA/97/2010HC Telangana21 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 115JSection 143(1)Section 14ASection 260

53,033/- as book profit under Section 115JA of the Act. The return was processed under Section 143(1) of the Act resulting in refund of Rs.10,62,37,618/-. Thereafter a notice was issued under Section 143(2) of the Act. The Assessing Officer by an order dated 31.12.2002 inter alia held that since exempted dividend does not form

Principal Commissioner of Income Tax-2 vs. M/s Indur Green Power Private Limited

In the result, all the appeals fail and are hereby

ITTA/627/2015HC Telangana02 Jun 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 12ASection 143(1)Section 2(15)Section 25Section 260Section 80G(5)

Section 2(15) of the Act?. 44. We are dealing with a taxing statute. The intention of the legislature in a taxation statute is to be gathered from the language of the provisions particularly where the language is plain and unambiguous. In a Taxing Act, it is not possible to assume any intention or the governing purpose of the statute

Commissioner of Income Tax-2, vs. Agricultural Market Committee,

The appeal of the assessee is allowed

ITTA/407/2011HC Telangana17 Nov 2011

Bench: V.V.S.RAO,SANJAY KUMAR

Section 271(1)(c)

53,03,064/- and Rs.49,38,930/- is recoverable against sale of land and building from Shri A.S.Bhatia. The major component of Rs.2,19,82,821/- is an advance for setting up Biotechnology Plant at Dera Bassi to subsidiary company.” Aggrieved by the order passed by the ld. CIT(A), the revenue went in appeal and the Tribunal observed that

Commissioner of Income Tax vs. Sri. B. Venkatesam,

The appeal stands disposed of with no order as to

ITTA/41/2000HC Telangana01 Dec 2011
For Appellant: Mr C.S. Aggarwal, Sr. Advocate withFor Respondent: Mr Sanjeev Sabharwal, Sr. Standing Counsel
Section 260A(1)Section 43B

disallowance of `1,64,87,375 - disputed additional customs duty claimed by the assessee as a part of the landed cost of goods. 8. The facts, relevant to the question of deduction on account of additional customs duty, briefly stated are as follows: The appellant is, interalia, engaged in manufacturing and trading of products like de-oiled meals, industrial hard

THE COMMISSIONER OF INCOME TAX III, vs. M/S. SAVIJANA SEA FOODS PVT. LTD.,

Appeals of the Revenue are dismissed

ITTA/55/2010HC Telangana20 Dec 2024

Bench: J SREENIVAS RAO,ALOK ARADHE

Section 260

disallowable on the ground of such payment having been made for „extraneous considerations.‟ 34. In Kanga and Palkhivala‟s Commentary on the Income Tax Law Volume 1, the distinction between the expressions “for the purpose of earning profits‟ and „for purpose of the business‟ was brought out as under: “11. Wholly and Exclusively for the Purposes of the Business

Commissioner of Income Tax, vs. M/s. Kokivenkateswara Reddy AND others,

Appeals of the Revenue are dismissed

ITTA/210/2003HC Telangana21 Jun 2011

Bench: V.V.S.RAO,RAMESH RANGANATHAN

Section 260

disallowable on the ground of such payment having been made for „extraneous considerations.‟ 34. In Kanga and Palkhivala‟s Commentary on the Income Tax Law Volume 1, the distinction between the expressions “for the purpose of earning profits‟ and „for purpose of the business‟ was brought out as under: “11. Wholly and Exclusively for the Purposes of the Business

The Pr.Commissioner of Income Tax (Central) vs. M/s Vaishnavi Educational Society

In the result, this Cross Objection is allowed and the suit is

ITTA/554/2015HC Telangana01 Jun 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

53 allegation of the Owners, as available from the testimony of PW1, that the then SRO was also acting illegally so as to help the defendants, though I cannot hold so affirmatively since the said officer has not been summoned or examined. 66. However, this makes it no easier for the defendants because both the Buyers, when they testified

THE COMMISSIONER OF INCOME TAX-I vs. M/S. A.P. BEVERAGES CORP. LTD.,

The appeal is disposed of

ITTA/109/2012HC Telangana12 Feb 2025

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

Section 37(1)

disallowing actual warranty expenses of Rs.12,53,441/- and Rs.48,54,522/- on account of provision for warranty?” 2. Learned counsel for the parties have addressed arguments as a short issue is involved and is covered by an earlier decision of this Court in Commissioner of Income Tax versus Woodward Governor India Limited

The Commissioner of Income Tax (Central) vs. K. V. Srinivasa Rao

ITTA/480/2017HC Telangana01 Aug 2017
For Respondent: Mr. J.S. Guleria, Deputy
Section 120BSection 25Section 27Section 302

53 Neutral Citation No. ( 2025:HHC:2282-DB ) statement made to the police cannot be used for any purpose except to contradict the prosecution witness as per Section 162 of Cr. PC. Therefore, it is not permissible to ask a witness as to what was told by him to the police and prove the statement recorded by the police

The Commissioner of income Tax-II vs. M/s.Ideal Industrial Explosives Ltd

ITTA/100/2010HC Telangana01 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

For Appellant: M/S. CATHOLIC SYRIAN BANK LTD., THRISSURFor Respondent: THE COMMISSIONER OF INCOME TAX, TRICHUR

Section 115JA(1) which reads: “(g) the amount or amounts set aside as provision for diminution in the value of any asset” is not disallowance of Rs.8,61,53

The Commissioner of Income Tax-IV vs. Nekkanti Sea Foods Limited

The appeal is dismissed without any order as to costs

ITTA/160/2012HC Telangana12 Feb 2025

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

Section 115JSection 260A

disallowed the claim by treating the entire expense as incurred on capital account. Even depreciation was not allowed. 5. The CIT (Appeals) affirmed the aforesaid findings given by the Assessing Officer. 6. In the second appeal before the tribunal, it has been held that the expenditure incurred was a revenue expense and should be allowed. ITA 160/2012 Page

COMMR.OF INCOME TAX VISAKHAPATNAM vs. SOUTH GLORY INTERNATIONAL P.LTD VISAKHAP

Appeal is disposed of

ITTA/18/1999HC Telangana30 Jan 2012
Section 35Section 37

Section 37 of the Income Tax Act, 1961 in the year in which it is incurred?” TA NO. 18 OF 1999 2 Learned counsel for the appellant contended that for the same assessee, the Department has accepted the claim of the appellant for the years 1987-88, 1988-89 & 1989-90, but only for the years

COMM OF WEALTHTAX HYD vs. M/S. N.K.LEASINGANDCONST CO P.LTD HYD

Appeal is disposed of

ITTA/67/2003HC Telangana11 Jul 2017
Section 35Section 37

Section 37 of the Income Tax Act, 1961 in the year in which it is incurred?” Learned counsel for the appellant contended that for the same assessee, the Department has accepted the claim of the appellant for the years 1987-88, 1988-89 & 1989-90, but only for the years 1990-91 and 1991-92, the same was disallowed. Subsequently

Commissioner of Income Tax, vs. M/s Mohan Milk Line Private Limited,

ITTA/20/2014HC Telangana04 Apr 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 260Section 40

53 years. …..Appellant(s)/Petitioner(s) Through: Mr. Virinder Bhat, Advocate Vs Income Tax Officer, Ward 2 (2), Jammu .…. Respondent(s) Through: Mr. Suraj Singh Wazir, CGSC Coram: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 02.04.2026 1. This appeal has been filed by the appellant under Section 260-A of Income

Commissioner of Income Tax-II vs. M/s.Kalyani Wines

In the result, I find this appeal bereft of merit and accordingly,

ITTA/6/2010HC Telangana14 Mar 2016

Bench: Hon’Ble Mr. Justice Robin Phukan

Section 11Section 37

1], the view taken above has been reiterated in the following words: ‚25. Moreover, umpteen numbers of judgments of this Court have categorically held that the courts should not interfere with an Page 30 of 60 award merely because an alternative view on facts and interpretation of contract exists. The courts need to be cautious and should defer

Commissioner of Income Tax-III., vs. Smt. Chirala Nivedita Reddy

ITTA/575/2012HC Telangana17 Jul 2013
Section 10(29)Section 143(1)Section 143(2)Section 147Section 37

disallowed certain amounts including the exemption claimed under Section 10(29) of the Act, as well as certain categories of income and purchase. (While the matter stood thus, on 17.3.2006, the A.O. issued a reassessment notice, this time alleging that exemption claimed under Section 10(29) was inadmissible. He sought to add back