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19 results for “disallowance”+ Short Term Capital Gainsclear

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Key Topics

Section 26016Deduction13Section 260A12Section 8010Section 80P(2)(a)8Section 107Section 80H6Disallowance6Section 485Business Income

Commissioner of Incoem Tax- 2, vs. M/s. Erythor Pharma Pvt. Ltd.,

In the result, the impugned order dated

ITTA/281/2010HC Telangana21 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 143(1)Section 260

short) has been filed by the assessee which was admitted by a Bench of this Court on the following substantial question of law: When once the revenue accepts the valuation for the purpose of capital gains in the returns filed over a period of years, subsequently can they refuse to accept the said valuation as the basis, for the subsequent

Commissioner of Income Tax-III vs. V.Ramachandra Rao

In the result, we do not find any merit in the

ITTA/204/2015HC Telangana22 Sept 2015

Bench: CHALLA KODANDA RAM,G.CHANDRAIAH

5
Section 464
Exemption4
Section 260Section 260ASection 48Section 5Section 54E

term capital gains. According to the assessee the aforesaid sum was an expenditure incurred by the assessee wholly and exclusively in connection with transfer as contemplated under Section 48(i) of the Act. The Assessing Officer by an order dated 30.11.2011 disallowed an amount of Rs.50 Lakhs from out of the deduction of Rs.1 Crore claimed under Section 54EC

The Commissioner of Income Tax vs. M.Venkata Krishna Mohan

ITTA/325/2005HC Telangana07 Apr 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

gained under the second license agreement and without any payment whatsoever, the word “HILTON” was used. Thus, he submits that the ITAT and AO were right in holding that the expenditure is a capital expenditure and the deduction is not liable to be allowed. Analysis and Findings Capital expenditure and Revenue expenditure - Tests 16. There is exhaustive case

The Commisioner of Income TAx-1 vs. Divya Shakti Granites Ltd.,

ITTA/178/2015HC Telangana04 Apr 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 96

capital gains tax, etc., the official figure should be lesser. In a sense, to that extent, it is a case of tax avoidance which is culpable both legally and morally. One cannot gainfully argue that it is a case of tax planning, intent being corrupt. However, that has been done at the instance of the 1st defendant, at whose hands

The Commissoner of Income Tax I , vs. M/s. Alpha Thought Technologies P Ltd.,

In the result, the orders passed by the

ITTA/191/2011HC Telangana21 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 115JSection 260Section 260A

short) have been preferred by the assessee. I.T.A.No.191/2011 pertains to Assessment year 2005- 06, whereas, I.T.A.No.32/2012 pertains to Assessment year 2006-07. Since, the substantial questions of law which arise for consideration in these appeals are similar, therefore, they were heard analogously and are being decided by this common judgment. 2. I.T.A.No.191/2011 was admitted by a bench

The Commissioner of Income Tax (Exemptions0 vs. Kalinga Cultural Trust

In the result, we do not find any

ITTA/580/2016HC Telangana28 Nov 2016

Bench: ANIS,SANJAY KUMAR

Section 10Section 260Section 260A

disallowed the assessee's claim for deduction under Section 10B of the Act. 5. The Assessing Officer inter alia held that assessee is entitled to deduction under Section 10B of the Act only after verification and the contention of the assessee that old machinery from FFIPL was transferred to it only in April 2007 does not deserve acceptance

Principal Commissioner of Income Tax-5 vs. M/s. VBC Industries Limited

In the result, we do not find any

ITTA/559/2015HC Telangana16 Feb 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 10Section 260Section 260A

disallowed the assessee's claim for deduction under Section 10B of the Act. 5. The Assessing Officer inter alia held that assessee is entitled to deduction under Section 10B of the Act only after verification and the contention of the assessee that old machinery from FFIPL was transferred to it only in April 2007 does not deserve acceptance

Principal Commissioner of Income Tax vs. M/s Nara Constructions,

ITTA/672/2017HC Telangana15 Nov 2017

Bench: CHALLA KODANDA RAM,C.V.NAGARJUNA REDDY

Section 260ASection 271(1)(c)Section 28Section 36(1)Section 36(1)(viii)

short) for the Assessment Years 2003-04, 2004-05, 2005-06, 2006-07, 2008-09 and 2009-10. 2. The respondent-assessee bank is wholly owned by the Reserve Bank of India. ITA No. 625/2017+connected Page 2 of 16 3. The respondent-assessee bank has been accused by the Revenue of concealment or furnishing inaccurate particulars, by making

The Commissioner of Income Tax-II vs. The Andhra Bank Employees Co.Operative Bank Limited

In the result, for the above reasons, these appeals fail and

ITTA/243/2007HC Telangana07 Jun 2011

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

Section 260ASection 46Section 80P(2)(a)

short term and long term deposits. During the assessment year the interest income from the deposits stood at Rs.7,02,69,336/-. This was claimed as deduction being interest from the business of banking. Out of this, an amount of Rs.6,95,66,643/- was disallowed by the assessing officer on the ground that the assessee did not obtain prior

COMMISSIONER OF INCOME TAX-II, HYDERABAD vs. M/s. The A.P.Vardhaman(Mahila)Cooperative Urban

In the result, for the above reasons, these appeals fail and

ITTA/715/2006HC Telangana07 Jun 2011

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

Section 260ASection 46Section 80P(2)(a)

short term and long term deposits. During the assessment year the interest income from the deposits stood at Rs.7,02,69,336/-. This was claimed as deduction being interest from the business of banking. Out of this, an amount of Rs.6,95,66,643/- was disallowed by the assessing officer on the ground that the assessee did not obtain prior

Commissioner of Income Tax-II, vs. M/S The A.P.Mahesh Coop. Urban Bank Ltd,

In the result, for the above reasons, these appeals fail and

ITTA/718/2006HC Telangana07 Jun 2011

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

Section 260ASection 46Section 80P(2)(a)

short term and long term deposits. During the assessment year the interest income from the deposits stood at Rs.7,02,69,336/-. This was claimed as deduction being interest from the business of banking. Out of this, an amount of Rs.6,95,66,643/- was disallowed by the assessing officer on the ground that the assessee did not obtain prior

Commissioner of Income Tax -II vs. The Agrasen Coop. Urban Bank Ltd.,

In the result, for the above reasons, these appeals fail and

ITTA/711/2006HC Telangana07 Jun 2011

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

Section 260ASection 46Section 80P(2)(a)

short term and long term deposits. During the assessment year the interest income from the deposits stood at Rs.7,02,69,336/-. This was claimed as deduction being interest from the business of banking. Out of this, an amount of Rs.6,95,66,643/- was disallowed by the assessing officer on the ground that the assessee did not obtain prior

COMM OF INCOME TAX, HYD vs. M/S. BALAN NATURAL FOOD PRIVATE LTD., HYD

ITTA/140/2016HC Telangana12 Oct 2018

Bench: RAMESH RANGANATHAN,KONGARA VIJAYA LAKSHMI

Section 10Section 115Section 115JSection 143(1)Section 143(2)Section 14ASection 260Section 36Section 36(1)(vii)Section 36(1)(viii)

disallowed the aforesaid amount in terms of Section 14A of the Act. A sum of Rs.3,43,28,658/- being 5% thereof was estimated as expenditure incurred for earning such income. 3. The assessee, thereupon, filed an appeal. The Commissioner of Income Tax (Appeals) by an order dated 31.05.2011 partly allowed the appeal. Being aggrieved, the revenue as well

THE PRL COMMISSIONER OF INCOME TAX [CENTRAL] HYDERABAD vs. M/S SREE NAGENDRA CONSTRUCTIONS, KHAMMAM

In the result, appeal stands dismissed

ITTA/490/2016HC Telangana21 Aug 2018

Bench: This

Section 10Section 260Section 260ASection 35Section 43

short] dated 18.03.2016 passed in ITA No.373/Bang/2015 relating to the assessment year 2010-11. 2. The appeal was admitted to consider the following substantial questions of law: “1. Whether on the facts and in the circumstances of the case, the Tribunal is right in setting aside the disallowance made under section 35-D of the Act by the assessing authority

Commissioner of Income Tax vs. M/s.Kakinada Co-operative Town Bank Limited

Appeals stands disposed of in the

ITTA/571/2011HC Telangana28 Feb 2012

Bench: GODA RAGHURAM,M.S.RAMACHANDRA RAO

Section 80

short,'CIT(A)') who upheld the findings of the AO and rejected claim of the assessee. 5. Both, the Revenue as well as assessee filed cross appeals before the Tribunal. The Tribunal, in so far as the assessee's appeal is concerned, partly allowed the same and rejected the appeal of the Revenue. In so far as the issue relating

The Commissioner of Inccome Tax-III vs. Speectra Shares AND Scrips Pvt Ltd

ITTA/282/2010HC Telangana21 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

disallowed the claim of the assessee to treat the rental income as income from the business. The said view of the Assessing Officer has been confirmed by the Commissioner of Income Tax (Appeals) in Annexure-B order dated 14.03.2006, and by the Income Tax Appellate Tribunal (for short 'the Tribunal'), vide order dated 24.08.2007. 3.1 The assessee placed strong reliance

The Commissioner of Income Tax- I vs. M/s. Avon Organics Limited

ITTA/257/2012HC Telangana17 Jul 2012

Bench: GODA RAGHURAM,M.S.RAMACHANDRA RAO

Section 10B

short) and the appellant company. Under the said agreement, the appellant assessee was entitled to use to use the premises taken on lease by M/s Agilis, during 2000 hrs to 0800 hrs. It stipulated that the appellant assessee was entitled to use personal computers of M/s Agilis or install their new personal computers in the premises, but upon termination

COMMISSIONER OF INCOME TAX vs. M/S K.VENKATESWARA RAO

ITTA/188/2003HC Telangana21 Jun 2011

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

Section 143(3)Section 80Section 80H

disallowances made by the Assessing Officer, the apepllant preferred first appeal before the learned CIT(Appeals) who granted partial relief to the appellant. 2.1 Being aggrieved by the order passed by the learned Page 2 of 14 O/TAXAP/186/2003 JUDGMENT CIT(A) the appellant as well as respondent preferred appeals before the Tribunal, Ahmedabad Bench. The Tribunal vide impugned orders dismissed

The Commissioner of Income- Tax - V, vs. M/s. Krishnaveni Constructions,

ITTA/37/2010HC Telangana22 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 143Section 260Section 260A

short ‘the Act’) when the interest would not have been payable to banks, if funds were not provided to subsidiaries?,” the Hon’ble - 12 - Apex Court held that, the issue raises a pure question of fact. The High Court has noted the finding of the Tribunal that the interest free funds available to the assessee were sufficient to meet