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HC - Construction of ‘prayer hall’ or encouraging meditation yoga etc. would not be religious activities, section 80G deduction available.
CIT vs. Shree Public Charitable Trust
(2015) TaxCorp(LJ) 6132 (HC-KARNATKATA) · Section 80G
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HC - Since trustees were paid for their services in proportion to growth of trust, therefore payments for such services could not be said in contravention of section 13(1)(c) and benefit under section 11 could not be denied to assessee.
Commissioner of Income-tax, Exemptions, Bangalore v. CMR Jnanadhara Trust
(2015) TaxCorp(LJ) 6023 (HC-KARNATKATA) · http://taxcorp.in/FileOpenDT.aspx?ID=60787&Category=Judgment&CategoryType=Zip
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HC - Commissioner’s order granting or rejecting approval for purposes of S.80G, being passed beyond the period prescribed of six months under Rule 11AA of the I.T. Rules, 1962, is invalid.
Maheshwari Foundation vs. DIT (Exemptions)
(2015) TaxCorp(LJ) 5933 (HC-KARNATKATA) · Section 80G
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HC - Section 10A exemption is available even in a case of conversion of an existing unit into a STP unit applying Circular 1/2005.
CIT. vs. E 4 E Application Services P Ltd.
(2015) TaxCorp(LJ) 5870 (HC-KARNATKATA) · Section.10A
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HC - CBDT Order dated May 23, 1996 (as amended by order dated January 30, 1997, covers cases falling within jurisdictional HC rulings and not non-jurisdiction HC rulings (as in assessee’s case), therefore, single Judge was not justified in extending the benefit of the said Circular and waiving interest u/s 234B.
CCIT vs. UB Global Corporation Ltd
(2015) TaxCorp(LJ) 5854 (HC-KARNATKATA)
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HC - The endeavor of the AAR should be to decide the case on merits and settle the issue between the parties in advance and not throw out the application on mere technicalities. Non-appearance on one particular date, AAR cannot decide ex-parte.
Onmobile Global Limited vs. DIT & ors.
(2015) TaxCorp(LJ) 5834 (HC-KARNATKATA)
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HC - Exemption u/s 54F - Once a habitable asset is acquired, any additions or improvements made on that habitable asset is not eligible for deduction, is contrary to the statutory provisions.
Mrs. Rehana siraj, Syed Siraj Ahmed, Syed Salman, Syed Jibran Ahmed Versus Commissioner of Income Tax-I and Others
(2015) TaxCorp(LJ) 5833 (HC-KARNATKATA) · http://taxcorp.in/FileOpenDT.aspx?ID=60674&Category=Judgment&CategoryType=Zip
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HC - The mens rea regarding concealing and inaccurate particulars need not be established by the department, immunity under Expln. 5(2) can be extended depending upon the facts and circumstances of each case if the explanation offered is to the satisfaction of the officer concerned
CIT. vs. V.N.Sridhar
(2015) TaxCorp(LJ) 5822 (HC-KARNATKATA) · Section. 271(1)(c)
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HC - Investment made by way of purchasing a plot to avail exemption under section 54F, but after a year said property was sold, original capital gain to be taxed in year of sale of new asset (investment) and not in year of its accrual.
R.S. Sharma v. Income-tax Officer, Bangalore
(2015) TaxCorp(LJ) 5806 (HC-KARNATKATA) · http://taxcorp.in/FileOpenDT.aspx?ID=60664&Category=Judgment&CategoryType=Zip
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HC - Definition of “rent" u/s.194I "means any payment by whatever name called under any lease, sublease, tenancy or any other agreement or arrangement”. Though payments were styled as lease towards right to manage, administer and control the hospitals it undoubtedly included building and infrastructure and was thus was squarely covered by Sec 194I.
CIT vs. Manipal Health Systems Pvt. Ltd
(2015) TaxCorp(LJ) 5773 (HC-KARNATKATA)
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HC - Assessee (a hospital) incurred expenditure on employee's (MD’s daughter) higher education, allowable as expense had direct nexus with business also daughter of MD/CEO not relevant
Mallige Medical Centre Pvt. Ltd vs JCIT
(2015) TaxCorp(LJ) 5713 (HC-KARNATKATA)
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HC - It is open to the assessee to contend that the foundation for block assessment was an illegal search. The Tribunal has power to look into all aspects of search and a valid search is a sine qua non for initiating block assessment.
M. Balakrishna Hegde vs. DCIT
(2015) TaxCorp(LJ) 5686 (HC-KARNATKATA)
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HC - Explanation 5 to S.32 inserted by Finance Act, 2001 in respect of mandatory depreciation deduction is not retrospective, therefore, inapplicable for AY 2001-02.
Himatsingka Seide Ltd vs DCIT
(2015) TaxCorp(LJ) 5685 (HC-KARNATKATA) · Section 32
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HC - Even though assessee purchased a new asset, which is habitable but which requires additions, alterations, modifications and improvements and if money is spent on those aspects, it becomes the cost of the new asset u/s 54F and therefore, assessee would be entitled to the benefit of deduction in determining the capital gains.
Rahana Siraj vs. CIT
(2015) TaxCorp(LJ) 5667 (HC-KARNATKATA) · Section 54F
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HC - For AY 2008-09 "built-up area" u/s 80IB does not include ‘balcony area’ and mezzanine floor
CIT. vs. SJR Builders
(2015) TaxCorp(LJ) 5614 (HC-KARNATKATA) · Section. 80IB
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HC - Sales by an STP unit to another STP unit, qualifies as ‘export turnover’ for the purposes of Sec 10A
Tata Elxsi Limited vs ACIT
(2015) TaxCorp(LJ) 5592 (HC-KARNATKATA) · Section 10A
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HC - Misappropriation of funds of trust by Trustees is no ground for revocation of trust’s registration, if trust was fulfilling its main object of imparting education
Commissioner of Income-tax, Karnataka (Central) v. Islamic Academy of Education
(2015) TaxCorp(LJ) 5539 (HC-KARNATKATA) · http://taxcorp.in/FileOpenDT.aspx?ID=60513&Category=Judgment&CategoryType=Zip
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HC - Cancellation of penalty justified on the ground that the assessee had not been given reasonable opportunity of being heard as mandated by section 158BFA(3)
Commissioner of Income-tax, Davangere v. H.E. Distillery (P.) Ltd.
(2015) TaxCorp(LJ) 5517 (HC-KARNATKATA) · http://taxcorp.in/FileOpenDT.aspx?ID=60491&Category=Judgment&CategoryType=Zip
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HC - Technical services provided outside India in connection with business of computer software export, to be included in export turnover while computing deduction u/s.80HHE
CIT vs. Motor Industries Co Ltd
(2015) TaxCorp(LJ) 5405 (HC-KARNATKATA) · Section 80HHE
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HC - Income from allowing usage of commercial building constructed on leasehold land along with facilities is chargeable as business income.
Black Pearl Hotels (P.) Ltd. v. Deputy Commissioner of Income-tax, Circle-11(1) Bangalore
(2015) TaxCorp(LJ) 5382 (HC-KARNATKATA) · http://taxcorp.in/FileOpenDT.aspx?ID=60394&Category=Judgment&CategoryType=Zip
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