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

143 or 144 (r/w ss. 2(8) and 2(40)), where the same is subsequently set aside for fresh assessment. Despite it being subsequently set aside, the Hon'ble Court held it to be the date of the original order. The reason that found favour with the Hon'ble Court, as a reading of it’s detailed judgment shows

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

143 or 144 (r/w ss. 2(8) and 2(40)), where the same is subsequently set aside for fresh assessment. Despite it being subsequently set aside, the Hon'ble Court held it to be the date of the original order. The reason that found favour with the Hon'ble Court, as a reading of it’s detailed judgment shows

KERALA STATE CO-OPERATIVE BANK LTD,THIRUVANANTHAPURAM vs. DCIT,CIRCLE-1(1), THIRUVANANHAPURAM

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Assessment Year : 2018-19

143(2) and 142(1) for which the assessee filed their response. In the said notices, the AO had pointed out that the assessee had not deducted Page 2 of 14 TDS on interest payments made from 20 branches and therefore sought for the details along with the TDS amount deducted thereon. The assessee submitted that during the year they

MARIAMMA JOSEPH,KOTTAYAMN vs. THE ACIT, CENTRAL CIRCLE, KOTTAYAM,, KOTTAYAM

In the result, the assessee’s appeal is decided on the aforesaid terms

Bench: Shri Sanjay Arora & Shri Manomohan Dasmariamma Joseph Asst. Cit, Central Circle Hotel Floral Park Kottayam 686001 Gandhinagar Vs. Kottayam 686008 [Pan:Accpj9135F] (Appellant) (Respondent)

TDS, Adv. Tax or self-assessment tax is deemed to be given.’ The same stood confirmed in first appeal; the ld. CIT(A) holding as: ‘In the present case, assessment order u/s. 143(3) r.w.s. 153A was passed for the A.Y 2010-11 on 28.3.2013. The appellate order was passed on 16.2.2016. The order of the Assessing Officer merged with

MR. PREM MUKUNDAN ,ERNAKULAM vs. THE ITO WARD-2(2), KOCHI, KOCHI

In the result, appeals of the assessee are allowed

Bench: Shri George George K. (Judicial Member), Ms. Padmavathy S. (Accountant Member)

143(1) of the Act. The relevant findings of the CIT(A) read as follows:- “In the instant case, the interest income accrued to Late Smt. Shobana Prem and accordingly TDS was deducted and the credit was given to her. Since she was a separate entity from her husband, the Appellant, the TDS credit now cannot be given

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

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

143 (3) passed by the AO. h) Further, without prejudice to the submissions made above, in any case, the PCIT ought to have noted that the impugned Employees' contribution of PF collected by the appellant aggregating to Rs.1,17,31,298/- were remitted 'much before the due date of filing of return of income and this fact was not disputed

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]

143(3) of the Act, date of order 30/03/2016. 3. The brief fact the case is that the assessee is a cooperative society and filled the return under 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

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

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

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

section 143(2) of the Act was duly served on the assessee. The AO completed the assessment by making a disallowance of Rs.72,12,446/- towards employees’ contribution to PF/ESI after the due date vide order dated 24.12.2018. The AO subsequently issued a notice u/s.154 proposing to rectify the mistake with regard to the disallowance of interest on delayed remittance

THE SOUTH INDIAN BANK,THRISSUR vs. DCIT, CIRCLE 1(1) & TPS, THRISSUR

In the result, the appeal by the assessee is dismissed

Bench: Shri Inturi Rama Raoshri Sandeep Singh Karhailthe South Indian Bank Limited, Head Office, Mission Quarters, Tb Road, Thrissur Kerala - 680001 ............... Appellant Pan : Aabct0022F V/S Dcit, Circle – 1(1) & Tps ……………… Respondent Thrissur, Kerala

143(3) of the Act, the total income of the assessee was assessed at ₹ 256,58,53,626. The Assessing Officer (“AO”), while computing the tax liability for the year under consideration, also granted MAT credit to the assessee amounting to ₹ 22,59,55,822 relating to the assessment years 2006-07 (₹ 649.57 lakh) and 2007-08 (₹ 1609.9 lakh) under

M/S EDAVANAKKAD SERVICE CO-OP BANK LTD NO 1,ERNAKULAM vs. THE ITO WARD 2(5) NON CORPORATE, KOCHI

Bench: SHRI SANJAY ARORA (Accountant Member), SHRI ABY T. VARKEY (Judicial Member)

143(3) of the Act by order dated 07.01.2016 by finalizing the total income at Rs.23,75,950/- which has been made by disallowing a part of the claim made u/s 80P(2)(a)(i) of the Act and also by disallowing of section 40(a)(ia) deduction. The disallowance of Section 40(a)(ia) of the Act was done

M/S EDAVANAKKAD SERVICE CO-OP BANK LTD NO 1,ERNAKULAM vs. THE ITO WARD 2(5) NON CORPORATE, KOCHI

Bench: SHRI SANJAY ARORA (Accountant Member), SHRI ABY T. VARKEY (Judicial Member)

143(3) of the Act by order dated 07.01.2016 by finalizing the total income at Rs.23,75,950/- which has been made by disallowing a part of the claim made u/s 80P(2)(a)(i) of the Act and also by disallowing of section 40(a)(ia) deduction. The disallowance of Section 40(a)(ia) of the Act was done

M/S EDAVANAKKAD SERVICE CO-OP BANK LTD NO 1,ERNAKULAM vs. THE ITO WARD 2(5) NON CORPORATE, KOCHI

Bench: SHRI SANJAY ARORA (Accountant Member), SHRI ABY T. VARKEY (Judicial Member)

143(3) of the Act by order dated 07.01.2016 by finalizing the total income at Rs.23,75,950/- which has been made by disallowing a part of the claim made u/s 80P(2)(a)(i) of the Act and also by disallowing of section 40(a)(ia) deduction. The disallowance of Section 40(a)(ia) of the Act was done

GEORGE KOCHUPARAMBIL, PROP. UNITED GRANITES & METALS,THODUPUZHA vs. CENTRAL CIRCLE, KOCHI, KOCHI

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

Bench: Smt. Beena Pillai, Juduicial Member & Ms. Padmavathy Sshri George Kochuparambil Kochuparambil House Dcit/Acit, Central Vazhithala P.O. Vs. Circle Thodupuzha Kochi Idukki 685583 Pan – Afjpk9650E Appellant Respondent Appellant By: Shri Mathew Joseph, Ca Respondent By: Shri M. Jarasekhar, Cit-Dr Date Of Hearing: 10.01.2023 Date Of Pronouncement: 30.03.2023

2) has been issued to the assessee there is lack of enquiry by the AO and therefore initiation of proceedings under Section 263 of the Act was rightly done. 5. We have heard the rival contentions and perused the material on record. Admittedly, in the present facts of the case the scrutiny assessment under Section 143

ELAVANCHALIL ABDUL BASHEER,KOZHIKODE vs. ITO, WARD-2(2), KOZHIKODE

In the result, the appeal filed by the assessee stands allowed

Bench: Shri Inturi Rama Rao, Am & Shri Sandeep Singh Karhail, Jm Assessment Year: 2020-21 Elavanchalil Abdul Basheer .......... Appellant Oittannmakm, Koduvally, Kozhikode 673572 [Pan: Bbwpb4939D] Vs. The Income Tax Officer, Ward-2(2), Kozhikode .......... Respondent Appellant By: Shri C.B.M. Warrier, Ca Respondent By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 27.03.2024 Date Of Pronouncement: 14.05.2024 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 23.02.2024 For Assessment Year (Ay) 2020-21. 2. Brief Facts Of The Case Are That The Appellant Is An Individual Deriving Income Under The Head ‘Agriculture’. The Return Of Income For Ay 2020-21 Was Filed On 21.12.2020 Declaring Income Of Rs. 4,60,00,000/-. Against The Said Return Of Income, The Assessment Was Completed By The Income Tax Officer, Ward-2(2), Kozhokode

143(3) r.w.s. 144B of the Income Tax Act, 1961 (the Act) at a total income of Rs. 4,55,83,080/-. While doing so, the AO made addition of Rs. 4,55,83,080/- by disallowing the claim for exemption of capital gains on sale of agricultural land in survey No. 143/34, Kattippara Village, Thamarassery, Kozhikode. 3. The factual

M/S. NEDUMATTOM SERVICE CO-OP BANK LTD,IDUKKI vs. THE ITO, THODUPIZHA

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

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am

143(3) of the I.T.Act vide order dated 28.06.2016, accepting the returned income. The PCIT issued notice u/s 263 of the I.T.Act dated 08.01.2020 proposing to revise the assessment order for the reason that out of the total interest earned by the assessee-society, a sum of Rs.52,37,702 is interest income on investment with M/s.Idukki District Co-operative

N J THOMAS AND CO,KOTTAYAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, KOTTAYAM, KOTTAYAM

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

Bench: Shri Inturi Rama Rao & Shri Sandeep Singh Karhail

143(3) read with section 144B of the Act added the same to the total income of the assessee. Further, the AO also disallowed the interest expense due to the non-deduction of TDS amounting to INR 18,000. 3 ITA No.926/Coch/2024. N J Thomas and Co. 4. In appeal before the learned CIT(A), despite various notices being issued

M/S ST. ALPHONSA TIMBERS AND TRADERS (PVT) LTD,MARADU vs. INCOME TAX OFFICER (TDS), KOCHI

In the result, the appeals of the assessee are allowed

Bench: SHRI SANJAY ARORA (Accountant Member), SHRI ABY T. VARKEY (Judicial Member)

143(1) on 10.09.2013. Subsequently, CPC TDS passed an order u/s 154 r.w.s. 200A of the Act on 28.01.2016, raising a total demand of Rs.11,160/- A.Y. 2013-14 Mr. St. Alphonsa Timbers and Traders Pvt. Ltd. (Rs.9,153/- on account of late filing fee u/s 234E & Rs.2,002/- as Interest u/s 220(2) of the Act thereon).” 4. Aggrieved

M/S ST. ALPHONSA TIMBERS & TRADERS (PVT) LTD,MARADU vs. INCOME TAX OFFICER (TDS), KOCHI

In the result, the appeals of the assessee are allowed

Bench: SHRI SANJAY ARORA (Accountant Member), SHRI ABY T. VARKEY (Judicial Member)

143(1) on 10.09.2013. Subsequently, CPC TDS passed an order u/s 154 r.w.s. 200A of the Act on 28.01.2016, raising a total demand of Rs.11,160/- A.Y. 2013-14 Mr. St. Alphonsa Timbers and Traders Pvt. Ltd. (Rs.9,153/- on account of late filing fee u/s 234E & Rs.2,002/- as Interest u/s 220(2) of the Act thereon).” 4. Aggrieved