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

section 3 of the Taxation Laws (Continuation and Validation of Recovery Proceedings) Act, 1964 (11 of 1964).’ (emphasis, ours) Whether the said provision, inapplicable in the instant case inasmuch as the notices of demand stand issued much prior to 01/10/2014, would save the same is to be seen. The Hon’ble Court was, however, unanimous in that a set aside

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

section 3 of the Taxation Laws (Continuation and Validation of Recovery Proceedings) Act, 1964 (11 of 1964).’ (emphasis, ours) Whether the said provision, inapplicable in the instant case inasmuch as the notices of demand stand issued much prior to 01/10/2014, would save the same is to be seen. The Hon’ble Court was, however, unanimous in that a set aside

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

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

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

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

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

3) The amount of under-reported income shall be,— (i) in a case where income has been assessed for the first time,— (a) if return has been furnished, the difference between the amount of income assessed and the amount of income determined under clause (a) of sub-section (1) of section 143; (b) in a case where no return

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.APOLLO TYRES LTD,COCHIN vs. THE PRINCIPAL COMMISSIONER OF INCOMETAX, COCHIN

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

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm Assessment Year: 2013-14 Apollo Tyres Ltd. .......... Appellant 3Rd Floor, Areekal Mansion, Panampilly Nagar, Kochi 682036 [Pan: Aaaca6990Q] Vs. Dcit, Corporate Circle-1(1), Kochi ......... Respondent Assessee By: Shri Abraham Joseph Markos, Adv. Revenue By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 20.08.2025 Date Of Pronouncement: 01.09.2025

143(3) r.w.s. 144C(1) of the Act on 30.12.2016 proposing to make the following additions: - i. TP adjustment – Rs. 3,48,96,832/- ii. Disallowance of additional depreciation u/s. 32(1)(iia) of the Act on the ground that the plant and machinery was acquired and put to use during the previous year relevant to AY 2012- 13. Since

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

Section 143(3) of the Act was taken up on the limited issue that has been recorded hereinabove. The mismatch in expenditure of personal nature, 4 that include the expenditure claim by assessee of CSR activity has admittedly not been verified by the AO. From para 7 of the assessment order it is categorically clear that the AO restricted

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

BHARATH RASIKLAL SHAH,COCHIN vs. PCIT KOCHI-1, KOCHI

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

Bench: Shri Inturi Rama Rao & Shri Soundararajan K.Assessment Year : 2017-18

Section 263, as the order of AO has considered the TDS deducted and paid by the Appellant to the income tax department supported by the Exhibit P23 which is speaking evidence of the compliance followed by the Appellant. Hence, the order of the NFAC or the first assessment u/s 143(3

KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LIMITED,ERNAKULAM vs. DEPUTY COMMISSIONER OF INCOME TAX , CORPORATE CIRCLE 1(1), KOCHI

In the result appeal of the assessee is hereby allowed

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Kerala Shipping & Inalnd Dcit, Corporate Circle - 1(1) Navigtation Corporation C.R. Building, I.S. Pres Road 38/924-A, Udaya Nagar Road Kochi 682018 Vs. Gandhi Nagar Kochi 682020 [Pan: Aabck4818L] (Appellant) (Respondent)

section 143(3) of the Act vide order dated 19-05-2021 wherein addition u/s 69C of the Act was made on account of treating the certain expenses as bogus/unexplained in nature. 2 Kerala Shipping and Inalnd Navigtation Corporation 4. Subsequently the learned PCIT from the assessment record noticed that assessee has declared interest income

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

IFTHIKAR KARUPPAMVEETIL ABDUL RAHMAN,CHAVAKKAD vs. ITO, INTERNATIONAL TAXATION, KOCHI

Appeal is partly allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

143(3) read with section 144C( 13) of the Income-tax Act, 1961 ('the Act) passed by the Learned Assessing officer dated 21.12.2023 incorporating directions of the Hon'ble Dispute Resolution Panel 2 dated 29.11.2023 is bad in law, contrary to the facts and circumstances of the case and is liable to be quashed. E. On the facts

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

143(3) r.w.s 263 dated 18/11/2014. Hence it is evident that the CIT(A) has not carefully verified the submissions and documents submitted by the appellant and had mechanically confirmed the views adopted by the assessing officer, which is incorrect and unsustainable. 3. That the Ld. CIT (A) has erred in law and in facts in confirming the disallowance

PUSHPAGIRI MEDICAL SOCIETY,THIRUVALLA vs. ACIT, EXEMPTION CIRCLE, THIRUVANANTHAPURA, THIRUVANANTHAPURA

In the result, the assessee’s appeal is allowed

Bench: Shri Sanjay Arora & Shri Aby T.Varkeypushpagiri Medical Society Asst. Cit Thiruvalla 689101 (Exemptions) Vs. Pan – Aaatp2418H Cochin

143(3) read with sec. 144B of the Income Tax Act, 1961 (‘the Act’ hereinafter) dated 13.4.2021 for Assessment Year (AY) 2018-19. 2. The assessee, a society by the name Pushpagiri Medical Society, is running a 800 bedded hospital (by the name Pushpagiri Hospital) and 5 medical institutions. It is registered both under section

SANTHIMADAM AGROFARM TRUST,KOCHI vs. THE ACIT CENTRAL CIRCLE 2, KOCHI

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

Bench: Shri Chandra Poojari & Shri Soundararajan K.

3) of section 234B as was held by the jurisdictional high court in the case of B Lakshmi kandan. He ought to have appreciated that such interest is chargeable for a period commencing from the date of order u/s 143(1) 7. The learned Commissioner went wrong in upholding the interests charged u/s 234A and u/s 234B by taking

SANTHIMADAM AGROFARM TRUST,KOCHI vs. THE ACIT CENTRAL CIRCLE 2, KOCHI

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

Bench: Shri Chandra Poojari & Shri Soundararajan K.

3) of section 234B as was held by the jurisdictional high court in the case of B Lakshmi kandan. He ought to have appreciated that such interest is chargeable for a period commencing from the date of order u/s 143(1) 7. The learned Commissioner went wrong in upholding the interests charged u/s 234A and u/s 234B by taking