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Search Results for "ITAT Bangalore"

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High Court

High Court of Karnataka Interprets Scope of Tribunal's Power Under Section 254 of Income Tax Act in Buy-Back Dividend Tax Case. The Court Re-Formulates the Question of Law to Determine Whether the Tribunal Can Direct Fresh Enquiry on Aspects Not Previously Investigated, Potentially Enhancing Tax Liability.

23 Jul 2018

The appeal arose from an order of the Income Tax Appellate Tribunal, Bangalore Bench, in relation to Assessment Year 2011-12. The appellant, an Indian...

High Court

High Court of Karnataka Upholds ITAT Order in Favor of APMC in Income Tax Exemption Case — Market Committee Entitled to Exemption Under Section 10(29) of Income Tax Act, 1961. Income from letting out shops and godowns for marketing of agricultural produce is exempt as it is incidental to the committee's statutory functions.

19 Jun 2018

The case involves two appeals filed by the Revenue (Commissioner of Income Tax and others) against the order of the Income Tax Appellate Tribunal (ITA...

High Court

High Court of Karnataka Allows Assessee's Appeal in Income Tax TDS Case — Provision for Interest on Delayed Payments Not Subject to TDS Under Section 194A of Income Tax Act, 1961. The court held that a mere provision for contingent interest liability does not amount to 'payment' or 'credit' to a specific payee, and thus no obligation to deduct tax at source arises.

2 Feb 2016

The appellant, M/s Karnataka Power Transmission Corporation Limited, a government undertaking engaged in power transmission, filed appeals under Secti...

High Court

High Court of Karnataka Allows Revenue Appeal in Income Tax Case on Amalgamation Loss Set-off — Unabsorbed Depreciation of Amalgamating Company Cannot Be Set Off Against Amalgamated Company's Business Income Under Section 72A of Income Tax Act, 1961. The court held that the condition of three years business under Section 72A(1)(a) was not satisfied as the power generation business commenced less than three years before amalgamation.

16 Oct 2015

The Revenue appealed against the order of the Income Tax Appellate Tribunal (ITAT) dated 10.07.2009, which had allowed the assessee-company to set off...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute with BBMP — No Substantial Question of Law Arises. Section 194C of Income Tax Act, 1961 does not apply to compulsory acquisition of land by municipal authority as it is not a 'work contract'.

29 Sep 2015

The case involves two appeals filed by the Revenue (Commissioner of Income Tax and Income Tax Officer) under Section 260-A of the Income Tax Act, 1961...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Penalty Case — Penalty Under Section 271(1)(c) Not Leviable Where Assessee's Method of Accounting Was Not Accepted but No Concealment or Inaccurate Particulars Found. The court held that mere rejection of the method of accounting does not attract penalty under Section 271(1)(c) of the Income Tax Act, 1961; the Revenue must establish concealment or furnishing of inaccurate particulars.

22 Sep 2015

The Revenue appealed against the order of the Income Tax Appellate Tribunal (ITAT) dated 21.11.2014, which had dismissed the Revenue's appeal and uphe...

High Court

High Court of Karnataka Allows Revenue's Appeals in Part, Upholds Deduction Under Section 10A for Sub-Contracted Software Development Work. The court held that income from on-site work sub-contracted to an associated enterprise is eligible for deduction under Section 10A of the Income Tax Act, 1961, as the assessee derived income from export of computer software.

29 Jul 2015

The case involves appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribu...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — ERAF Receipt Not Income of Assessee. Amount Received from Exchange Risk Administration Fund Treated as Advance/Liability Converted to Equity, Not Taxable Income Under Income Tax Act, 1961.

13 Jul 2015

The Revenue filed two appeals under Section 260A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribunal (ITAT) dated ...

High Court

Karnataka High Court Allows Revenue's Appeal in ITC Hotels TDS Case — Remittances to US Company for Marketing Services Held Subject to TDS Under Section 195 of Income Tax Act. The court held that the existence of a permanent establishment is a factual issue and the assessee cannot rely on past No Objection Certificates to avoid TDS liability.

15 Jun 2015

The case involves appeals filed by the Commissioner of Income Tax and the Income Tax Officer (TDS) against the order of the Income Tax Appellate Tribu...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Penalty Case — Penalty Under Section 271(1)(c) Cannot Be Imposed When Assessment Appeal Is Pending on Substantial Questions of Law. The court held that when the assessment order is under challenge and the appeal has been admitted on substantial questions of law, the issue is debatable and penalty under Section 271(1)(c) of the Income Tax Act, 1961 cannot be imposed.

3 Mar 2015

The Revenue filed an appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITAT) which had di...

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