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134 results for “TDS”+ Natural Justiceclear

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Key Topics

Section 25065TDS64Section 234E41Natural Justice30Limitation/Time-bar25Section 20124Section 123Section 220(2)23Section 246A23Section 201(1)

SRI. GEORGE MATHEW,COCHIN vs. THE ITO, COCHIN

In the result, appeal of the Revenue as well as the assessee are allowed for statistical purposes

ITA 251/COCH/2016[2012-13]Status: DisposedITAT Cochin23 Jun 2022AY 2012-13

Bench: Shri George George K. & Shri Laxmi Prasad Sahuteam Sustain Cr Building Vs. Plot No. 71, Mra I.S. Press Rod Kakkanadu, Kochi 682030 Kochi 682018 Pan – Adwpm1819L Appellant Respondent

For Appellant: Smt. Preetha S. Nair, AdvocateFor Respondent: Shri Shantam Bose, CIT-DR
Section 40

TDS liability may arise if composite bills have been issued.” “1. The learned Commissioner of Income Tax (Appeals) has erred in sustaining the addition of Rs. 25,00,000/- made by the assessing officer treating Agricultural Income as Business Income. 2. The learned Commissioner of Income Tax (Appeals) has erred in sustaining the addition of 10% of expenses amounting

THE ACIT, COCHIN vs. SRI. GEORGE MATHEW, COCHIN

In the result, appeal of the Revenue as well as the assessee are allowed for statistical purposes

Showing 1–20 of 134 · Page 1 of 7

23
Section 26316
Addition to Income12
ITA 220/COCH/2016[2012-13]Status: DisposedITAT Cochin23 Jun 2022AY 2012-13

Bench: Shri George George K. & Shri Laxmi Prasad Sahuteam Sustain Cr Building Vs. Plot No. 71, Mra I.S. Press Rod Kakkanadu, Kochi 682030 Kochi 682018 Pan – Adwpm1819L Appellant Respondent

For Appellant: Smt. Preetha S. Nair, AdvocateFor Respondent: Shri Shantam Bose, CIT-DR
Section 40

TDS liability may arise if composite bills have been issued.” “1. The learned Commissioner of Income Tax (Appeals) has erred in sustaining the addition of Rs. 25,00,000/- made by the assessing officer treating Agricultural Income as Business Income. 2. The learned Commissioner of Income Tax (Appeals) has erred in sustaining the addition of 10% of expenses amounting

A & B ASSOCIATES,THIRUVANANTHAPURAM vs. THE INCOME TAX OFFICER, THIRUVANANTHAPURAM

In the result, the appeal of the assesse is allowed for statistical purpose

ITA 643/COCH/2025[2018-19]Status: DisposedITAT Cochin05 Dec 2025AY 2018-19

Bench: the Ld. CIT(A). The Ld.CIT(A) partly allowed the appeal filed by the assessee by directing the AO to -

For Appellant: Shri Lokanathan, C.AFor Respondent: Shri Sanjit Kumar Das, Sr. D/R
Section 115BSection 142(1)Section 144Section 147Section 148Section 148ASection 250

TDS. As the business was not profitable, and for some other major reasons, the relationship between the partners was substantially damaged and the partners had lost confidence between them. After some preliminary legal steps, they have decided to dissolve the firm and 4 A&B Associates accordingly, the firm was dissolved w.e.f. 05/07/2018 on the condition that the business will

M/S SANTHIMADOM AYURNIKETHAN HEALTH RESORT & RESEARCH INSTITUTE TRUST,KOCHI vs. ACIT CENTRAL CIRCLE -2, KOCHI

In the result, the assessee’s appeals are allowed for statistical purposes

ITA 919/COCH/2022[2009-10]Status: DisposedITAT Cochin02 May 2024AY 2009-10

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

For Appellant: Shri Mathew Joseph, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 153ASection 153CSection 234A

natural justice, it went on to explain, there is no final decision of the cause and fresh proceedings are left open. All that is done is that the order assailed by virtue of its inherent defect is vacated but the proceedings are not terminated. We advert to this decision for the principle involved; there being no dispute that the proceedings

M/S SANTHIMADOM AYURNIKETHAN HEALTH RESORT & RESEARCH INSTITUTE TRUST,ERNAKULAM vs. ACIT CENTRAL CIRCLE-2, KOCHI

In the result, the assessee’s appeals are allowed for statistical purposes

ITA 916/COCH/2022[2005-06]Status: DisposedITAT Cochin02 May 2024AY 2005-06

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

For Appellant: Shri Mathew Joseph, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 153ASection 153CSection 234A

natural justice, it went on to explain, there is no final decision of the cause and fresh proceedings are left open. All that is done is that the order assailed by virtue of its inherent defect is vacated but the proceedings are not terminated. We advert to this decision for the principle involved; there being no dispute that the proceedings

M/S SANTHIMADOM AYURNIKETHAN HEALTH RESORT & RESEARCH INSTITUTE TRUST,KOCHI vs. ACIT CENTRAL CIRCLE 2, KOCHI

In the result, the assessee’s appeals are allowed for statistical purposes

ITA 918/COCH/2022[2008-09]Status: DisposedITAT Cochin02 May 2024AY 2008-09

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

For Appellant: Shri Mathew Joseph, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 153ASection 153CSection 234A

natural justice, it went on to explain, there is no final decision of the cause and fresh proceedings are left open. All that is done is that the order assailed by virtue of its inherent defect is vacated but the proceedings are not terminated. We advert to this decision for the principle involved; there being no dispute that the proceedings

M/S SANTHIMADOM AYURNIKETHAN HEALTH RESORT & RESEARCH INSTITUTE TRUST,KOCHI vs. ACIT CENTRAL CIRCLE -2, KOCHI

In the result, the assessee’s appeals are allowed for statistical purposes

ITA 917/COCH/2022[2007-08]Status: DisposedITAT Cochin02 May 2024AY 2007-08

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

For Appellant: Shri Mathew Joseph, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 153ASection 153CSection 234A

natural justice, it went on to explain, there is no final decision of the cause and fresh proceedings are left open. All that is done is that the order assailed by virtue of its inherent defect is vacated but the proceedings are not terminated. We advert to this decision for the principle involved; there being no dispute that the proceedings

ACIT, TRICHUR vs. M/S. ATLAS JEWELLERY INDIA LTD, DELHI

In the result, the appeals filed by the assessee stand partly allowed for statistical purposes

ITA 7/COCH/2020[2014-15]Status: DisposedITAT Cochin31 Jul 2025AY 2014-15

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri Shivakumar S., CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 132Section 143(3)Section 153ASection 37Section 40

TDS is not applicable. The Atlas Jewellery India Ltd. CIT(A) also deleted the addition made on account of provision for making charges considering the fact that making charges were paid subsequently. The CIT(A) also deleted the addition made on account of wastage considering the submission of the appellant that the AO made the addition on misconception that jewellery

ACIT, TRICHUR vs. M/S. ATLAS JEWELLERY INDIA LTD, DELHI

In the result, the appeals filed by the assessee stand partly allowed for statistical purposes

ITA 8/COCH/2020[2014-15]Status: DisposedITAT Cochin31 Jul 2025AY 2014-15

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri Shivakumar S., CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 132Section 143(3)Section 153ASection 37Section 40

TDS is not applicable. The Atlas Jewellery India Ltd. CIT(A) also deleted the addition made on account of provision for making charges considering the fact that making charges were paid subsequently. The CIT(A) also deleted the addition made on account of wastage considering the submission of the appellant that the AO made the addition on misconception that jewellery

ASIANET SATELLITE COMMUNICATIONS P. LTD,TRIVANDRUM vs. THE PR CIT, TRIVANDRUM

In the result, appeal is allowed in favour of the assessee

ITA 5/COCH/2021[2016-17]Status: DisposedITAT Cochin21 Dec 2022AY 2016-17

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sassessment Year : 2016-17 M/S. Asianet Satellite Vs. Pcit, Communications Pvt. Ltd., Thiruvananthapuram. 2A, 2Nd Floor, Carnival Technopark, Technopark, Kazhakuttom, Karyavattom, P. O., Thiruvananthapuram. Pan : Aaeca 5548 E Appellant Respondent

For Appellant: Shri. Raghunathan S, AdvocateFor Respondent: Shri. M. Rajasekhar, CIT(DR)
Section 143(2)Section 143(3)Section 154Section 263Section 37Section 37(1)

TDS 98,53,799 Service Tax Interest (Tvm) 8,49,279 Total 1,07,06,264 3. The AO did not pass any final order u/s.154. In the meanwhile the PCIT, on verification of assessment records, noticed that the same issue where the assessee has debited an amount of Rs.1,07,06,000/- towards interest on delayed payment of service

TRIO SHOPPING MALL SPACES PRIVATE LIMITED,CALICUT vs. JCIT,TDS, KOCHI

ITA 1006/COCH/2024[2011-12]Status: DisposedITAT Cochin31 Jul 2025AY 2011-12

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarma

Section 250Section 271CSection 274

TDS. In our considered opinion, the interest of justice requires that the assessee be granted a reasonable opportunity to present its case. The natural

TRIO SHOPPING MALL SPACES PRIVATE LIMITED,CALICUT vs. JCIT,TDS, KOCHI

ITA 1005/COCH/2024[2010-11]Status: DisposedITAT Cochin31 Jul 2025AY 2010-11

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarma

Section 250Section 271CSection 274

TDS. In our considered opinion, the interest of justice requires that the assessee be granted a reasonable opportunity to present its case. The natural

MUTHOOT SYNDICATE NIDHI LIMITED,TRIVANDRUM vs. DY.COMMISSIONER OF INCOME TAX, TRIVANDRUM

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 481/COCH/2025[2016-17]Status: DisposedITAT Cochin14 Aug 2025AY 2016-17

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm Assessment Year: 2016-17 Muthoot Syndicate Nidhi Ltd. .......... Appellant South Block, Ground Floor, Muthoot Floors Thycaud, Thiruvananthapuram 695014 [Pan: Aaccm9379D] Vs. Dcit, Thiruvananthapuram .......... Respondent Assessee By: Rajeev R., Ca Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 06.08.2025 Date Of Pronouncement: 14.08.2025

For Appellant: Rajeev R., CAFor Respondent: Smt. Leena Lal, Sr. D.R

TDS Officer. In our considered opinion the order passed by the CIT(A) does not meet the requirement of a reasoned order, was passed in breach of the principles of natural justice

THAZHAYIL NIDHI LIMITED,PATHANAMTHITTA vs. THE ITO (TDS), ALAPPUZHA

In the result, the assessee’s appeal is allowed for statistical purposes, and it’s stay application, dismissed

ITA 323/COCH/2023[2019-20]Status: DisposedITAT Cochin25 Jan 2024AY 2019-20

Bench: Shri Sanjay Arora & Shri Manohohan Dassa No. 65/Coch/2023 (Assessment Year: 2019-20) Thazhayil Nidhi Ltd. Income Tax Officer (Tds) Building No. 6/4 Alappuzha Thazhayil Building Vs. [Pan:Tvdto2397D] Elanthoor Pathanamthitta 689643 (Appellant) (Respondent)

For Appellant: Shri Abhijith Satheesh, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR

TDS) Building No. 6/4 Alappuzha Thazhayil Building vs. [PAN:TVDTO2397D] Elanthoor Pathanamthitta 689643 (Appellant) (Respondent) Appellant by: Shri Abhijith Satheesh, CA Respondent by: Shri Sanjit Kumar Das, CIT-DR Date of Hearing: 25.01.2024 Date of Pronouncement: 25.01.2024 O R D E R Per: Sanjay Arora, AM This is an Appeal by the Assessee agitating the dismissal of it’s appeal

DJ AMUSEMENTS,8/58 8/58 ,CHATHANKANDATH HOUSE vs. INCOME TAX OFFICER, PALAKKAD

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 758/COCH/2025[2014-15]Status: DisposedITAT Cochin28 Nov 2025AY 2014-15

Bench: Hon’Ble Shri Inturi Rama Rao & Shri Hon’Ble Manu Kumar Giriआयकर अपील सं./ Ita No.758/Coch/2025 "नधा"रण वष" /Assessment Year: 2014-15 Dj Amusements, The Income Tax Officer, Mankara P.O, Vs. Ward-1 & Tps, Palakkad – 678 614. Palakkad. Kerala Pan: Aahfd 2211P (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri Sivadas Chettoor, C.A ""यथ" क" ओर से /Respondent By : Smt Leena Lal, Snr Ar सुनवाई क" तार"ख/Date Of Hearing : 06.11.2025 घोषणा क" तार"ख /Date Of Pronouncement : 28.11.2025 आदेश / O R D E R Per Manu Kumar Giri ():

For Appellant: Shri Sivadas Chettoor, C.A ""For Respondent: Smt Leena Lal, Snr AR
Section 10Section 10(20)Section 139

TDS was deductible, and consequently, the order passed under Sections 201(1) and 201(1A) is unsustainable in law. DJ Amesements :- 3 -: 4. We find from the order of the Ld. CIT(A) that the above grounds and legal submissions, especially regarding the applicability of CBDT Circular No. 4/2002 were not adjudicated at all. The impugned appellate order does

INCOME TAX OFFICER, THIRUVANANTHAPURAM vs. THIRUVANANTHAPURAM SERVICE CO-OPERATIVE BANK LTD, THIRUVANANTHAPURAM

ITA 592/COCH/2024[2017-18]Status: DisposedITAT Cochin13 Jun 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Smt.Bineesha Baby,AdvocateFor Respondent: Smt.. Leena Lal, Sr, DR
Section 143(3)Section 40ASection 68Section 80PSection 80P(2)(a)

TDS was not deducted. The assessee denied the status of the society as a co-operative society and consequently, treating interest income of Rs.2,95,38,828/- as income from other sources, thereby denying deduction under Section 80P(2)(a)(i) and 80P(2)(d). Further, the AO made addition of Rs.13,47,19,707/- under Section

THE DCIT, COCHIN vs. M/S.TAJ KERALA HOTELS & RESORTS LTD, COCHIN

In the result, the appeals filed by the Revenue are allowed and the cross objections of the assessee are dismissed

ITA 93/COCH/2020[2014-15]Status: DisposedITAT Cochin30 Dec 2024AY 2014-15

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm

For Appellant: Shri Avneesh Vishwanathan, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 195Section 40A(2)(b)

TDS is required to be made. The CIT(A), after considering the written submission filed before him as well as the evidences furnished in support of the consultancy services, deleted the addition accepting the written submissions and the additional evidence filed by the assessee. The CIT(A) also deleted the addition made on account of foreign travel expenses by holding

THE ACIT, ERNAKULAM vs. M/S.TAJ KERALA HOTELS & RESORTS LTD, KOCHI

In the result, the appeals filed by the Revenue are allowed and the cross objections of the assessee are dismissed

ITA 92/COCH/2020[2012-13]Status: DisposedITAT Cochin30 Dec 2024AY 2012-13

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm

For Appellant: Shri Avneesh Vishwanathan, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 195Section 40A(2)(b)

TDS is required to be made. The CIT(A), after considering the written submission filed before him as well as the evidences furnished in support of the consultancy services, deleted the addition accepting the written submissions and the additional evidence filed by the assessee. The CIT(A) also deleted the addition made on account of foreign travel expenses by holding

VADAKKEVILA SERVICE CO-OPERATIVE BANK LTD,KOLLAM vs. THE ITO, KOLLAM

Appeal is allowed in above terms

ITA 478/COCH/2023[2017-18]Status: DisposedITAT Cochin25 Sept 2024AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Ms.Anoopa, AdvocateFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 194ASection 40Section 56Section 80PSection 80P(2)Section 80P(2)(a)

justice, and fair play. 2 ITA No.478/Coch/2023. Vadakkevila SCB Ltd. 2. The Commissioner (Appeals) erred on facts and in law in upholding the order of the Assessing Officer. 3. The Commissioner (Appeals) erred on facts and in law in upholding the order of the Assessing Officer denying the deduction claimed by the appellant u/s 80P of the Act without following

M/S.KERALA STATE WAREHOUSING CORPN,ERNAKULAM vs. THE ACIT, KOCHI

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 389/COCH/2020[2015-16]Status: DisposedITAT Cochin01 Aug 2022AY 2015-16

Bench: Shri George George K. & Shri Laxmi Prasad Sahum/S. Kerala State Warehousing Vs Acit, Corporate Circle 1(2) Corporation Is Press Road Kochi 682018 Pb No. 1727, Warehousing Corporation Road Ernakulam 682016 Pan – Aabck1583G (Appellant) (Respondent) Assessee By: Shri K. Gopi, Ca Revenue By: Shri Shantam Bose, Cit Dr

For Appellant: Shri K. Gopi, CAFor Respondent: Shri Shantam Bose, CIT DR
Section 143Section 143(3)Section 263Section 42

TDS - Large other expenses claimed in the Profit and Loss Account. n) The Assessing officer after examining reasons for selecting the return for limited scrutiny based on the records and submissions made by the assessee accepted the return and completed the Limited scrutiny by order dated 27.10.2017 without any adjustment to the loss as returned. o) The reason for initiation