Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: karnataka dharwad Page 1 of about 84 results (0.020 seconds)

Jul 31 2019 (HC)

M/S. Kanhaiyalal Dudheria Vs. The Joint Commissioner of Income Tax

Court : Karnataka - Dharwad

..... notice of the assessing officer that said amount was spent towards construction of 169 houses and said expenditure was 13 claimed as allowable business expenditure under section 37 of the income tax act.11. the above expenditure having been disallowed as already noticed herein above by the assessing officer is now the subject matter of this appeal and substantial question of law framed ..... of 169 houses for the villagers who had lost their homes due to natural calamity on the ground that it was not an expenditure allowable under section 37 of the income tax act, 1961, despite mou dated 02.07.2010 having been entered by the petitioner with the jurisdictional deputy commissioner, government of karnataka?. brief background of the case:2. the appellant- ..... extraction of iron ore and also trading in iron ore. for the assessment years 2011-12 and 2012-13 return of income came to be filed by the assessee, was processed under section 143(1) of income tax act, 1961 5 (for short act). the assessing officer disallowed the amount claimed by the assessee as social welfare expenses in a sum of ` 1,61, ..... for sri h.r.kambiyavar, advocate) a n d :1. the joint commissioner of income tax, bellary range, aayakar bhavan, fort, ballari-583102. 2 2. commissioner of income tax, c.r. building, navanagar, hubballi-580025. (by sri.y.v.raviraj, advocate) ...respondents this appeal is filed under section260 of the income tax act, 1961, praying to formulate the substantial question of law as stated above and allow .....

Tag this Judgment!

May 28 2018 (HC)

M/S Pragathi Krishna Gramin Bank Vs. The Joint Commisioner

Court : Karnataka Dharwad

..... answered as under; (i) whether the assessing authority as well as the appellate authorities were justified in disallowing the expenditure incurred for earning an income exempted under section 14a of the income tax act, 1961 r/w rule 8d of the income tax rules for both the aforesaid assessment years 2011-12 & 2012-13, in excess of the expenditure incurred by the assessee?. (ii) whether the ..... date of judgment:28. 05.2018 ita nos.100001/2018 & 100002/2018 m/s pragathi krishna gramin bank vs. the joint commissioner these appeals are filed under section260 of the income tax act, 1961, praying to: (a) formulate the substantial questions of law stated above (b) allow the appeal and set aside the order of the ..... authorities below were justified in disallowing the excess claim of deduction under section 36(1) (viii) of the act in the hands of the assessee who ..... bank vs. the joint commissioner expenditure so incurred in relation to earning of such exempted income.6. drawing the attention of the court towards rule 8d of the income tax rules, 1962, the learned counsel for assessee has urged that the amount of disallowance under section 14a of the act read with rule 8d of the rules, cannot exceed the total expenditure claimed by .....

Tag this Judgment!

Jun 16 2017 (HC)

The Pr. Commissioner of Income Tax, Hubballi and Another Vs. The Totag ...

Court : Karnataka Dharwad

..... are as follows: (i) "whether the assessee, totagar co-operative sale society, sirsi, is entitled to 100% deduction under section 80p(2)(d) of the income tax act, 1961 (for short 'the act') in respect of whole of its income by way of interest earned by it during the relevant assessment years from 2007-2008 to 2011-2012 on the deposits or investments made by ..... is filed under section 260a of the income-tax act, 1961 praying to: i. formulate the substantial questions of law stated above. ii. allow the appeal and set aside the orders passed by the income tax appellate tribunal, bangalore bench 'c' in ita no.706/bang/2015 dtd: 22.01.2016 and confirm the order passed by the income tax officer, ward-1 sirsi, in the interest ..... . (v) that for the five appeals filed by the assessee on the limited ground of rejection of its cross-objections by the income tax appellate tribunal on the issue of justifiability of the reassessment under section 147 / 148 of the act for some of the assessment years, the learned counsel for the assessee urged that if the question of exemption / deduction is decided ..... to the present assessment years 2007-2008 to 2011-2012 involved in the present appeals and therefore, whether the income tax appellate tribunal as well as cit (appeals) were justified in holding that such interest income was 100% deductible under section 80p(2)(d) of the act? " 3. the ratio decidendi of the supreme court decision in the case of assessee, totagar's co-operative .....

Tag this Judgment!

Jun 16 2017 (HC)

The Pr. Commissioner of Income Tax, Vs. The Totagars Co-Operative Sale ...

Court : Karnataka Dharwad

..... , new market yard, sirsi. (by sri. a. shankar, m. lava & s. s. hegde, advs.) ... respondent this ita is filed u/sec.260a of the income- tax act, 1961, praying to: i. formulate the substantial question of law as stated above. 6/57 date of judgment:16. 06.2017 ita no.100066/2016 & connected cases the ..... the assessee, totagar co- operative sale society, sirsi, is entitled to 100% deduction under section 80p(2)(d) of the income tax act, 1961 (for short the act ) in respect of whole of its income by way of interest earned by it during the relevant assessment years from 2007-2008 to 2011-2012 on the deposits or investments ..... & anr. vs. the totagars co-operative sale society, sirsi. ... respondent (by sri. y.v. raviraj adv.) these itas are filed u/sec.260a of the income-tax act, 1961, praying to: i) formulate the substantial questions of law stated above and answer the same in favour of the appellant. ii) allow the appeal and set aside ..... market yard, sirsi. ... respondent (by sri. a. shankar, m. lava & s. s. hegde, advs.) this ita is filed u/sec.260a of the income- tax act, 1961, praying to: i. formulate the question of law stated above. substantial ii. allow the appeal and set aside the orders passed by the ..... new market yard, sirsi. ... respondent (by sri. a. shankar, m. lava & s. s. hegde, advs.) this appeal is filed under section260 of the income-tax act, 1961 praying to: i. formulate substantial questions of law stated above. the ii allow the appeal and set aside the orders passed by the .....

Tag this Judgment!

May 30 2017 (HC)

m/s.sri Balaji Traders Vs. State of Karnataka

Court : Karnataka Dharwad

..... income tax act as against the reassessment under section 39 of the kvat act, which can be initiated for any reason for which turnover has escaped assessment.8. on the other hand, the learned counsel for the revenue, mr.m.kumar ..... :30. 05.2017 strp no.100004/2014 m/s.sri balaji traders vs. state of karnataka reassessment under the income tax act essentially requires recording the reasons and assessing authority should have reason to believe to initiate such reassessment proceedings under sections 147 / 148 of the ..... course of that survey or thereafter, justifying the issuance of fresh notice for reassessment under section 39 of the act, for the same period on the basis of the same material.7. he has relied upon certain judgments rendered under the provisions of income tax act which are not of full application in the present case, because the powers of 7 date of order ..... order:30. 05.2017 strp no.100004/2014 m/s.sri balaji traders vs. state of karnataka added tax act, 2003 (for short the act ), passed by the assessing authority, namely the deputy commissioner of commercial taxes (audit), haveri, on 30th june 2009, by which the additional tax, including penalty and interest of rs.10,847/- were imposed by the assessing authority for the assessment .....

Tag this Judgment!

Mar 23 2017 (HC)

M/S J K Cement Works Vs. The State of Karnataka

Court : Karnataka Dharwad

..... . the state of karnataka authority. he has merely proceeded on the basis that the decisions relied on by the appellant are not applicable as they were rendered with reference to income-tax act.11. therefore, the word installed is used in connection with the words plant and machinery , can also refer to installation of a factory building. after all, the intention of the ..... order:23. 03.2017 strp nos.100001, 100002, 100003 of 2017 m/s.j.k. cement works, bagalkot vs. the state of karnataka printing machinery. the decisions rendered under the income tax act, 1961 are with reference to the immoveable assets and not on the materials which are used for the purpose of constructing such immoveable assets. therefore, all the case laws cited ..... under the karnataka sales tax act. therefore, the mere use of the word installed with reference to plant and machinery is not sufficient to exclude the ..... notification is to encourage setting up of new industries in karnataka. there is nothing in the act or the notification to exclude the factory building from plant . we find no reason why the meaning attached to the said work, while examining the provisions of the income-tax act, cannot be applied while construing the meaning of the said word in the exemption notification issued .....

Tag this Judgment!

Feb 20 2017 (HC)

The Principal Commissioner of Income Tax Vs. M/S. Ramgopal Minerals

Court : Karnataka Dharwad

..... act ) aggrieved by the order passed by the income tax appellate tribunal, whereby allowing the assessee s appeal in ita no.399 /pnj/2014 for the assessment year 2010-11.2. the issue involved in ..... give rise to any substantial question of law arising in the present case, requiring our consideration under section 260a of the act.12. therefore, respectfully following the view expressed by the co-ordinate bench of this court in the commissioner of income tax and others v/s. m/s. alvares and thomas (supra), we do not find any force in the present appeal ..... /2015 the prl. commissioner of income tax and another v/s. ramgopal minerals :3. :3. 14 this appeal coming on for admission this day, dr.vineet kothari. j, delivered the following: judgment mr. y v raviraj, adv. for the appellants. mrs. jinita chatterjee, adv. for respondent.1. the revenue has filed this appeal u/s. 260a of the income tax act, 1961 (for short, the ..... creditors before the assessing authority, despite the summons issued to them under sections 131 and 133(6) of the act and since, the parties were not produced, the date of judgment 20.02.2017 in ita no.100139/2015 the prl. commissioner of income tax and another v/s. ramgopal minerals :4. :4. 14 learned assessing authority was justified in treating the outstanding .....

Tag this Judgment!

Nov 19 2016 (HC)

The Commissioner of Income Tax and Another Vs. The Nagarbail Salt-Owne ...

Court : Karnataka Dharwad

..... and counsel for the respondent assessee vide order dated 2.11.2016 framed following question of law: whether the respondent society assessed to tax on its income as person as defined under section 2(31) of income tax act, 1961, is entitled to claim exemption over its profits paid to its members and claim it as expenditure in the accounts before offering the profit for ..... the assessment year 2006-07 by returning a sum of rs.1,19,251/- being loss carried forward and computed income as nil after claiming deduction of rs.3,45,021/- under section 80p(1)(d) of the income tax act, 1961 ( the act for short) as per the profit and loss account; vii) a notice under section 148 was issued. in reply, respondent assessee ..... asserted that the total taxable income for the said assessment year was nil. revenue took up assessee s case for scrutiny by ..... ; viii) after hearing the assessee, an assessment order was passed on 30.12.2013 under section 143(3) read with section 147 of the act holding the total income of rs.1,23,17,800/-, which would entail income tax of rs.36,92,340/-. after adding surcharge, cess, interest etc., the assessing authority held that the assessee was liable to pay a total .....

Tag this Judgment!

Feb 26 2016 (HC)

Ryatar Sahakari Sakkarre Karkhane Vs. Asst. Commissioner Of

Court : Karnataka Dharwad

..... by the hon ble high court of calcutta that: 21. in view of above discussion, we answer the question as under:- the provisions of section 40(a)(ia) of the income tax act, 1961, are applicable not only to the amount which is shown as payable on the date of balance-sheet, but it is applicable to such expenditure, which become payable at ..... by the assessee for the assessment years 2005-06, 2006-07 & 2008-09 to 2011-12 were taken up for scrutiny and notices under section 143(2) of the income tax act (for short the act ) were issued. assessee was represented by its authorised representative. during the scrutiny, the assessing authority noticed that the assessee was engaging services of contractor/s for harvesting, cutting ..... sri manoj d pukale, adv., & sri h.r.kambiyavar, adv.,) this ita is filed u/sec.260a of the income-tax act, 1961 praying to formulate the substantial question of law stated above, allow the appeal and set aside the orders passed by the income - tax appellate tribunal, panaji bench, panaji, in ita no.153/pnj/2015, dtd:04.08.2015 and confirm the order ..... belagavi-590 001 ... respondents (by sri y.v. raviraj, adv.,) these itas are filed u/sec.260a of the income-tax act, 1961 praying to formulate the substantial question of law stated above, allow the appeal and set aside the order of the income tax appellate tribunal, panaji bench-goa dtd:04.08.2015 vide to161pnj/2015 to the extent urged in this appeal and .....

Tag this Judgment!

Feb 26 2016 (HC)

The Commissioner of Income Tax Vs. The Nagarbail Salt-Owners

Court : Karnataka Dharwad

..... filed on 31.10.2006, returning a sum of rs.1,20,170/- being the loss carried forward. the income was computed at rs.nil after claiming deduction of rs.50,000/- under section 80p(2)(c)(ii) of the income tax act, 1961 ( the act for short) as per the profit and loss account; vi) a notice under section 148 was issued on 25 ..... means for development leading to good living of citizenry. income tax one of the tributaries which flows into state coffers. therefore, we are of the view it is imperative for the courts to ..... of fund for subsequent distribution to the members before payment of tax is not a deductible expenditure in computation of business income of the assessee-co- operative society and further that the income declared after disbursement of profits is not logical and has no relevance to determination of taxable profit under the income tax act.19. revenue collection augments state exchequer. a prosperous treasury is a ..... .3.2013. respondent-society filed its reply stating that the income filed on 30.10.2006 declaring a total income of rs.nil for the assessment year 2007-08 was correct .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //