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Whether a writ petition filed can be entertained to balance the equation and safeguard the interest of the assessees and the Revenue, even when the assessment order is still pending for disposal.
THE JANATHA CO-OPERATIVE BANK Vs. THE COMMISSIONER OF INOME TAX (TDS), THE ADDITIONAL COMMISSIONER OF INCOME TAX (TDS), THE DEPUTY COMMISSIONER OF INCOME TAX
(2014) TaxCorp(LJ) 4047 (HC-KARNATAKA) · Income Tax - Sections 156, 194A, 220(1), 22(1), 56(o)
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HC – Cost Sharing Agreement only a device to avoid tax; payment to use intranet facility taxable as “royalty”
CIT, ITO vs. CGI Information Systems and Management Consultants Pvt Ltd
(2014) TaxCorp(LJ) 4041 (HC-KARNATAKA) · Section 9
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The deeming fiction u/s. 50 of the Act is only limited for the purpose of computation of capital gain and cannot be extended to exemption provisions.
Sri Ramakrishna Theatres Ltd., vs. Deputy Commissioner of Income Tax
(2014) TaxCorp(LJ) 4024 (HC-KARNATAKA) · 54EC
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HC – Exemption u/s 10A allowable in respect of units set up in different floors of same old premises
CIT vs. M/s.Wipro GE Medical System Ltd.
(2014) TaxCorp(LJ) 4019 (HC-KARNATAKA) · 10A
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Whether where an amendment has the effect of reducing a refund already made or increasing the liability of the deductor, the order under Section 154 passed by an income-tax authority shall be deemed to be a notice.
M/s PAGE INDUSTRIES LTD. Vs. UNION OF INDIA, THE DEPUTY COMMISSIONER OF INCOME TAX, THE COMMISSIONER OF INCOME TAX (TDS)
(2014) TaxCorp(LJ) 4011 (HC-KARNATAKA) · Income Tax - Sections 154, 156, 200, 200A
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Whether the expenditure incurred in foreign currency on account of telecommunication expenses should be included in the total turnover for the purpose of computation of deduction u/s.10B.
M/s MPHASIS LTD., (FORMERLY KNOWN AS MPHASIS BFL LTD.) Vs. THE COMMISSIONER OF INCOME TAX, THE ASSTT COMMISSIONER OF INCOME TAX
(2014) TaxCorp(LJ) 4010 (HC-KARNATAKA) · Income Tax - Sections 10A, 10B
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Whether the expenses incurred in foreign currency for providing technical services outside India should be deducted from sales of software exports to arrive at the profits of business for the purpose of computing deduction u/s.80HHE.
M/s MOTOR INDUSTRIES CO LTD. Vs. THE COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THE JOINT COMMISSIONER OF INCOME TAX
(2014) TaxCorp(LJ) 4009 (HC-KARNATAKA) · Income Tax - Sections 80HHC, 80HHE
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Whether the claim of depreciation can be disallowed, when there are concurrent findings of the lower authorities that the assessee has established its claim.
M/s WIPRO FINANCE LTD. Vs. THE COMMISSIONER OF INCOME TAX, THE DEPUTY COMMISSIONER OF INCOME TAX
(2014) TaxCorp(LJ) 3697 (HC-KARNATAKA) · Income Tax - Section 260A
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S. 80-IB: If the undertaking satisfies the conditions for eligibility in the initial year, it must get deduction for 10 years & non-compliance in a subsequent year is irrelevant
Ace Multi Axes Systems Ltd. vs. DCIT
(2014) TaxCorp(LJ) 3693 (HC-KARNATAKA) · Section. 80-IB
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S. 153A: AO is required to assess the “total income” and is not confined only to income which was unearthed during search. Law laid down in All Cargo Global Logistics disapproved
Canara Housing Development Co vs. DCIT
(2014) TaxCorp(LJ) 3682 (HC-KARNATAKA) · Section 153A
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Whether a deduction can be denied to an assessee in case it has obtained completion certificate by a local authority in absence of any provision in the statute in that regard.
M/s ITTINA PROPERTIES (P) LTD. Vs THE COMMISSIONER OF INCOME TAX, THE ASST COMMISSIONER OF INCOME TAX
(2014) TaxCorp(LJ) 3660 (HC-KARNATAKA) · Income Tax - Sections 2(22)(e), 80IB
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Whether while granting the benefit to the charitable institution, when the legislature consciously provided for the funds of the said Trust by way of investment and they have fixed a limit of 5%, by placing an interpretation, said benefits can be denied to the assessee.
THE COMMISSIONER OF INCOME TAX, THE INCOME TAX OFFICER Vs. ISLAMIC ACADEMY OF EDUCATION
(2014) TaxCorp(LJ) 3547 (HC-KARNATAKA) · Income Tax - Sections 11, 12, 13(4), 5(i), 21A
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No concealment penalty if sec. 54F relief was denied since deal of acquiring house property couldn’t completed
Shri Venkatesh Murthy vs ITO
(2014) TaxCorp(LJ) 3369 (HC-KARNATAKA)
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"Actual interest paid” – Interest paid on unpaid interest amount not deductable. If the interest is not actually paid, part of interest which has become part of the principal amount cannot be treated as amount borrowed.
STATE OF KARNATAKA vs M/S WATERFALL ESTATE
(2014) TaxCorp(LJ) 3325 (HC-KARNATAKA)
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Violation under section 13(1)(d) does not attracts denial of exemption to trust
CIT Vs. Fr. Mullers Charitable Institutions
(2014) TaxCorp(LJ) 3254 (HC-KARNATAKA)
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S. 271(1)(c), 54F - It is true that the assessee had not deposited the long term capital gain in the capital gain account, and he had deposited the said amount in his savings account with Vijaya Bank. It is not in dispute that he paid Rs. 26,70,000/- to the owner of the new property from the said account. Hence we confirm the order, rejecting the exemption under Section 54F, however deleted penalty u/s 271(1)(c).
Sri Venkatesh Murthy vs ITO
(2014) TaxCorp(LJ) 3249 (HC-KARNATAKA) · 271(1)(c), 54F
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Partnership firm not genuine - Amount received on land of transfer, not by way of retirement as partners. HC upheld the order passed by ITAT.
SRI V S BALASUBRAMANYAM vs ITO
(2014) TaxCorp(LJ) 3248 (HC-KARNATAKA)
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S. 194C – Prior to Amendment in Finance (No.2) Act, 2009 w.e.f. 01.10.2009 – Prior to amendment placing of orders by the assessees, to the manufacturers/suppliers to supply SIM/scratch cards as per their requirements cannot be treated as contract for carrying out works within the meaning of sub-section(1) of Section 194C of the Act as it existed prior to its amendment.
CIT vs SPICE TELECOMMUNICATIONS PVT LTD
(2014) TaxCorp(LJ) 3247 (HC-KARNATAKA) · 194C
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Chapter XIV-B do not preclude AO to proceed against assessee by issuing notice u/s 148
Gudwill Housing Limited vs ITO
(2014) TaxCorp(LJ) 2751 (HC-KARNATAKA) · 158BD
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Criminal proceedings u/s 276B are independent of recovery proceedings under Sec 201(1) and 201(1A).
KINGFISHER AIRLINES LTD and Sri VIJAY MALLYA vs INCOME TAX DEPARTMENT
(2014) TaxCorp(LJ) 2744 (HC-KARNATAKA) · 276B
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