HI-LITE BUILDERS PRIVATE LIMITED ,KOZHIKODE vs. DCIT, CENTRAL CIRCLE-1, KOZHIKODE, KOZHIKODE

In the result, the appeal by the assessee is allowed

Bench: Smt. Beena Pillai & Ms. Padmavathy S.Assessment Year : 2009-10

TDS is deductible at source under Chapter XVIIB and such tax has not been deducted or, after deduction, has not been paid on or before the due date specified in sub-Section (1) of Section 139

MR.THOMAS DANIEL,PATHANAMTHITTA vs. THE ITO, WARD-4, THIRUVALLA

In the result, the appeal of the assessee is dismissed

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No.68/Coch/2018 Assessment Year : 2014-15

TDS u/s 194A. The Ld. AR submitted that Section I94A does not apply to individuals unless he is a person liable to tax audit u/s 44AB of the I.T. Act 1961 and in this case, the assessee, being an individual is not within the purview of the said section. Therefore, it was submitted that the department will have to I.T.A

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE DCIT, TRIVANDRUM

In the result, the appeal for assessment year 2011-2012

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

TDS provisions by deducting the tax at source and by paying the same to the credit of the Government before the due date of filing of their returns under Section 139

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE ACIT, TRIVANDRUM

In the result, the appeal for assessment year 2011-2012

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

TDS provisions by deducting the tax at source and by paying the same to the credit of the Government before the due date of filing of their returns under Section 139

M/S.RAJA &CO,PALAKKAD vs. THE DCIT, THRISSUR

In the result, the appeals of the assessee are dismissed

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

TDS in view of the amendment of section 40(a)(ia) by Finance (No. 2) Act, 2014 with effect from 1.4.2015. By virtue of insertion of this proviso to section 40(a)(ia), if any such sum taxed has been deducted in any subsequent year or has been deducted during the previous year but paid after the due date specified

M/S.RAJA &CO,PALAKKAD vs. THE DCIT, THRISSUR

In the result, the appeals of the assessee are dismissed

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

TDS in view of the amendment of section 40(a)(ia) by Finance (No. 2) Act, 2014 with effect from 1.4.2015. By virtue of insertion of this proviso to section 40(a)(ia), if any such sum taxed has been deducted in any subsequent year or has been deducted during the previous year but paid after the due date specified

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

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

139 as applicable in the case of the assessee. Explanation 2.—In this sub-section, "tax on total income as determined under sub- section (1) of section 143" shall not include the additional income-tax, if any, payable under section 143. Explanation 3.—Where, in relation to an assessment year, an assessment is made for the first time under section

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

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

139 as applicable in the case of the assessee. Explanation 2.—In this sub-section, "tax on total income as determined under sub- section (1) of section 143" shall not include the additional income-tax, if any, payable under section 143. Explanation 3.—Where, in relation to an assessment year, an assessment is made for the first time under section

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

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

139 as applicable in the case of the assessee. Explanation 2.—In this sub-section, "tax on total income as determined under sub- section (1) of section 143" shall not include the additional income-tax, if any, payable under section 143. Explanation 3.—Where, in relation to an assessment year, an assessment is made for the first time under section

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

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

139 as applicable in the case of the assessee. Explanation 2.—In this sub-section, "tax on total income as determined under sub- section (1) of section 143" shall not include the additional income-tax, if any, payable under section 143. Explanation 3.—Where, in relation to an assessment year, an assessment is made for the first time under section

ROSE GEORGE KOLLANUR,THRISSUR vs. ITO WARD 2(2), THRISSUR, THRISSUR

In the result, the appeal by the assessee is allowed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sassessment Year : 2014-15

139(1). Accordingly, the AO made an addition of Rs.74,86,271 while completing the assessment u/s. 143(3). Aggrieved, the assessee filed the appeal before the CIT(A), who upheld the order of the AO. Aggrieved, the assessee is in appeal before the Tribunal. 3. The ld. AR submitted that the assessee has claimed the deduction u/s. 54F based

M/S.VIJAYA PALACE,,KOLLAM vs. THE ITO, KOLLAM

In the result, the appeal filed by the assessee is dismissed

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

139, such sum shall be allowed as a deduction in computing the income of previous year, and further, section 40(a)(ia) has been substituted wherein 30% of any sum payable to a resident has been substituted. According to him, though substitution to section 40(a)(ia) has been made with effect from 1/4/2015, the amendment is to be treated

INCOME TAX OFFICER, WARD 1 AND TPS, KANNUR vs. KANNUR BUILDING MATERIALS CO OPERATIVE SOCIETY LIMITED, PAPPINISSERY, KANNUR

In the result, the appeal filed by the revenue ITA No

Bench: Shri Inturi Rama Rao, Am & Shri Anikesh Banerjee, Jm Assessment Year: 2013-14 The Income Tax Officer, Ward 1 & Tps .......... Appellant Aayakar Bhavban, Chovva P.O., Kannur 670006 Vs. Kannur Building Materials Co-Op. Society Ltd .......... Respondent No. C 1741, Pappinissery P.O., Kannur 670561 [Pan: Aaaak7151K]

section 139(1) of the Act. The assessee’s case was selected for scrutiny. The assessee during the impugned assessment year engaged in sand mining and selling. The object of the society to control the spending, to encouragement investment, self-sufficiency, co-operative attitude among members of the society and also to take measures to improve the financial, educational

KERALA STATE COOPERATIVE EMPLOYEES PENSION BOARD,THIRUVANANTHAPURAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, EXEMPTION CIRCLE, THIRUVANANTHAPURAM

In the result, the appeal filed by the assessee is dismissed

Bench: Shri George George K., Vp & Shri Inturi Rama Rao, Am

TDS and refund due to the appellant. Admittedly, the appellant had not filed return of income either voluntarily under the provisions of section 139

THANNERMUKKOM SERVICE COOPERATIVE SOCIETY LIMITED,ALAPPUZHA vs. ITO WARD 1 & TPS, ALAPPUZHA, ALAPPUZHA

Bench: Shri Satbeer Singh Godaraand Shri Manoj Kumar Aggarwal

TDS Limited, No.A 809, Alappuzha Thannermukkom North, Vs. Thannermukkom, Cherthala, Alappuzha, Kerala. PIN 688527 PAN –AACAM1602K Appellant Respondent Appellant by: Shri Kabil Chandran, Adv Respondent by: Smt. J.M. Jamuna Devi, Sr. D.R. Date of Hearing: 09.11.2022 Date of Pronouncement: 13.12.2022 O R D E R Per: S.S. Godara, J.M. These assessee’s twin appeals for A.Ys

THANNERMUKKOM SERVICE COOPERATIVE SOCIETY LIMITED,ALAPPUZHA vs. ITO WARD 1 & TPS, ALAPPUZHA, ALAPPUZHA

Bench: Shri Satbeer Singh Godaraand Shri Manoj Kumar Aggarwal

TDS Limited, No.A 809, Alappuzha Thannermukkom North, Vs. Thannermukkom, Cherthala, Alappuzha, Kerala. PIN 688527 PAN –AACAM1602K Appellant Respondent Appellant by: Shri Kabil Chandran, Adv Respondent by: Smt. J.M. Jamuna Devi, Sr. D.R. Date of Hearing: 09.11.2022 Date of Pronouncement: 13.12.2022 O R D E R Per: S.S. Godara, J.M. These assessee’s twin appeals for A.Ys

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

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 ():

TDS is required to be deducted on payments made to local authorities whose income is exempt under Section 10 and who are not required to file returns under Section 139

M/S.ALLKOSHYS ALL SPICES,KOTTAYAM vs. THE ITO, KOTTAYAM

In the result, the appeal of the assessee is dismissed

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

139/- As per invoice (Marked as B) NIL The Ld. AR relied on the decisions of the CIT(A), Kottayam in the case of Premier Marine Foods dated 27/08/2015 and ITAT, Cochin in ITA No. 509/Coch/2015 dated 26/09/2016 wherein it has been clearly laid out and settled that TDS is to be confined only to item No. 3 mentioned above

M/S.ALLIANZ CORNHILL INFORMATION SERVICES P. LTD,TRIVANDRUM vs. THE DCIT, TRIVANDRUM

In the result, ground Nos

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

TDS provision has been duly complied in respect of such provision before the due date of filing of the return. The A.O. shall take a decision as expediously as possible after affording a reasonable opportunity of hearing to the assessee. It is ordered accordingly. 3.6 In the result, ground No.1 is allowed for statistical purposes. 4. Ground No.2. The assessee