MATHIIT LEARNING PRIVATE LIMITED,SASTHAMANGALAM vs. ITO, TRIVANDRUM, TRIVANDRUM

In the result, the ITA Nos

Bench: Shri George George K. & Shri Laxmi Prasad Sahu

TDS in ITA No.16, 17 & 18/ASR/2019 v) ITAT Hyderabad Bench in the case of Elite Engineering (Hyd) Pvt. Ltd. vs ITO Ward- 1-(2) Hyderabad in ITA No.2155 to 2159/H17 - AY 13-14, ITA No.2160 to 2163/H/7 - AY 14-15 and ITA No.2164 to 2167/H/7 - AY 15-16 decided on 29.11.2018 4.1 The Hon Kerala High Court decision cited

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)

17-09-2018 in similar issue. Appellant could not file the copy of the Tribunal’s judgments before the first appellate authority. The said judgment is applicable and binding on appellant. (5) Appellant would be put to much hardship and damages if the fee charged is not cancelled.” 3. Brief facts as noted by the Ld. CIT(A) for both

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)

17-09-2018 in similar issue. Appellant could not file the copy of the Tribunal’s judgments before the first appellate authority. The said judgment is applicable and binding on appellant. (5) Appellant would be put to much hardship and damages if the fee charged is not cancelled.” 3. Brief facts as noted by the Ld. CIT(A) for both

ATNK&K AREA ARMED FORCE S VETERANS CANTEEN (GOLDAN PALM CATEEN),PALAKKAD vs. THE ITO, PALAKKAD

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

Bench: Shri George George K. & Shri Laxmi Prasad Sahuatnk & K Area Armed Forces The Income Tax Officer Veterans Canteen Ward - Tds 17/727, Vazhakkadavu Road Vs. Palakkad Manapulikkavu Plakkad 678013 Pan – Aaofa0079R Appellant Respondent

Section 234E of the Act does not arise. Since the assessee is following cash system of accounting, interest is also not leviable. In addition to the arguments the learned A.R. submitted a written submission which reads as under: - “The appellant, a military canteen under the Indian Army, had filed E- TDS return for the quarter-2 of the financial year

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 199 r.w.r. 37BA of the Rules, the credit of TDS can be claimed only in the year to which the corresponding income is taxable. The amount of TDS on corresponding interest income of Rs. 64,17

M/S.VIJAYA HOSPITALITY AND RESORTS LTD,ERNAKULAM vs. THE ADCIT(TDS), COCHIN

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

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

section 271C(1)(b) (failure to remit the tax deducted at source), despite the fact that it may be a more serious default, than the failure to deduct the tax at source.” 9.4 In the instant case, the major part of the TDS relates to remuneration to the Directors credited to the unsecured loan account. However, the TDS was payable

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

17,859/-. The TPO also suggested upward TP adjustments in respect of software development segment of Rs. 9,59,364/-. The TPO also suggested upward TP adjustment in respect of recovery of expenses from AE or Rs. 35,21,609/-. Thus, the TPO suggested total upward adjustment of Rs. 3,48,96,832/- vide order dated 28.10.2016 passed u/s. 92CA

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)

17. In our view, the CIT (Appeals) and the Tribunal have rightly held that the assesses is entitled to the credit of the TDS mentioned in the TDS certificates issued by the contractor, whether the said certificate is issued in the name of the Joint Venture or in the name of a Director of the assessee company They have considered

MUTHOOT FINCORP LIMITED,TRIVANDRUM vs. ITO,CIRCLE CENTRAL, TRIVANDRUM

In the result, the appeals filed by the assessee stand dismissed

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm

TDS only on a sum of Rs. 1,32,42,920/- and on the balance amount no tax was deducted at source treating it as mere reimbursement of expenditure to MPCMS. The said payee, i.e. MPCMS also raised different bills. The AO was of the opinion that the money paid towards management consultancy charges under composite contract and the contract

MUTHOOT FINCORP LIMITED,THIRUVANANTHAPURAM vs. JCIT, SPECIAL RANGE, THIRUVANANTHAPURAM

In the result, the appeals filed by the assessee stand dismissed

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm

TDS only on a sum of Rs. 1,32,42,920/- and on the balance amount no tax was deducted at source treating it as mere reimbursement of expenditure to MPCMS. The said payee, i.e. MPCMS also raised different bills. The AO was of the opinion that the money paid towards management consultancy charges under composite contract and the contract

MUTHOOT FINCORP LIMITED,THIRUVANANTHAPURAM vs. JCIT, SPECIAL RANGE, THIRUVANANTHAPURAM

In the result, the appeals filed by the assessee stand dismissed

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm

TDS only on a sum of Rs. 1,32,42,920/- and on the balance amount no tax was deducted at source treating it as mere reimbursement of expenditure to MPCMS. The said payee, i.e. MPCMS also raised different bills. The AO was of the opinion that the money paid towards management consultancy charges under composite contract and the contract

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

17,81,324/- under Section 54F of the Act has been allowed which is opposed to facts, circumstances and the law applicable to this case. 2. The Learned Income Tax Officer has failed to notice the fact that a substantial portion amounting to Rs. 98,20,984/- had Page 2 of 10 been paid to M/s Varapradha Real Estates

KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LIMITED ,THIRUVANANTHAPURAM vs. ACIT,CIRCLE 1(1), THIRUVANANTHAPURAM

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

Bench: Shri Inturi Rama Rao, Am & Sonjoy Sarma, Jm Assessment Year: 2016-17 Kerala Transport Development Finance .......... Appellant Corporation Limited, Thiruvananthapuram. Pan: Aabck1318F

17 of 2013, by which section 40(a)(iib)(A)(B) is inserted, it is clear that the said amendment is made to plug the possible diversion or shifting of profits from these undertakings into State's treasury. In view of section 40(a) (iib) of the Act any amount, as indicated, which is levied exclusively on the State owned

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 amount only in the previous year in which such payment was made to the government. 17. However, it has caused some genuine and apparent hardship to the assesses especially in respect of tax deducted at source in the last month of the previous year, the due date for payment of which as per the time specified in Section

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

Appeal is allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

17 ITA No.478/Coch/2023. Vadakkevila SCB Ltd. “12.2 Section 80P deals with Co-operative Societies' computation of income. As already noted, it has four sections and several sub- sections and clauses. The Parliament has considered the various situations in which the exigible income and the deductable income of the assessee is considered while computing the income of the assessee. For getting

PALMSHORE HOTELS PRIVATE LIMITED,THIRUVANANTHAPURAM vs. ASST COMMISSIONER OF INCOME TAX, CIRCLE 1(), THIRUVANANTHAPURAM

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

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

section 139(1) of the Income Tax Act, 1961 (the Act) was filed for AY 2017-18. However, the AO, on 2 Palmshore Hotels Pvt. Ltd. receipt of information that the appellant had a turnover from services reported in Service Tax Return of Rs. 34,17,888/-, interest income and rental income on which TDS

P. SURENDRAN,TRIVANDRUM vs. ACIT CIRCLE 1(2), TRIVANDRUM

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

Bench: Shri Sanjay Arora, Am & Ms. Kavitha Rajagopal, Jm P. Surendran Sukanya Bhavan Asst. Cit-1(2) Vadayakkadu, Kunnukuzhy, P.O., Thiruvananthapuram Vs. Thiruvananthapuram-695 035

section will not apply to payment of loans or payment towards the purchase price of capital assets such as plant and machinery not for resale. 17. It is observed from the above said clarification of the CBDT that if the expenditure pertains to the purchase price of capital assets, such as plant and machineries which are not used for resale

M/S NOORUL ISLAM TRUST,THODUPUZHA vs. ACIT (TDS), KOCHI, KOCHI

Bench: Shri Satbeer Singh Godaraand Shri Manoj Kumar Aggarwal

Section 201(1) r.w.s. 201(1A) ITA Nos. 443 to 466/Coch/2022 3 SANos. 17 to 38/Coch/2022 M/s. Noorul Islam Trust of the Act wherein the learned lower authorities have treated it as an assessee in default for not deducting TDS