M/S.KERALA STATE CO-OP AGRICULTURAL & RURAL DEV BANK LTD,TRIVANDRUM vs. THE ITO WD-2(1), TRIVANDRUM

In the result, the appeal filed by the assessee in ITA

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

36(1)(v) respectively, the claim of deduction cannot be allowed. Therefore, the assessee’s grounds for both the assessment years with regard to the additions made by the Assessing Officer on account of contribution made to non-recognized superannuation fund, are rejected. It is ordered accordingly.’ 4.2.3 Following the decision of jurisdictional Tribunal, as above, the disallowance of Rs.2

M/S.KERALA STATE CO-OP AGRICULTURAL & RURAL DEV BANK LTD,TRIVANDRUM vs. THE ITO WD-2(1), TRIVANDRUM

In the result, the appeal filed by the assessee in ITA

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

36(1)(v) respectively, the claim of deduction cannot be allowed. Therefore, the assessee’s grounds for both the assessment years with regard to the additions made by the Assessing Officer on account of contribution made to non-recognized superannuation fund, are rejected. It is ordered accordingly.’ 4.2.3 Following the decision of jurisdictional Tribunal, as above, the disallowance of Rs.2

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

36 Taxman 305 However, the AO was of the opinion that that this pre- operative expenditure should go to form part of cost of plant and machinery and buildings as envisaged u/s. 43(1) of the Act. Accordingly, disallowed the claim for allowance as revenue expenditure of pre-operative expenditure ofRs.13,28,53,754/-. iv. Disallowance of excess claim

M/S.KERALA STATE CO-OP AGRICULTURAL & RURAL DEV BANK LTD,TRIVANDRUM vs. THE ITO WD-2(1), TRIVANDRUM

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

TDS without considering the fact that the said payment is only incentives paid for mobilizing deposits from its members and not a commission payment.” 11. The first ground raised in the above appeal is with reference to grant of deduction u/s 80P(2)(a)(i) of the I.T.Act. We have already considered the issue in ITA No.579/Coch

M/S.KERALA STATE CO-OP AGRICULTURAL & RURAL DEV BANK LTD,TRIVANDRUM vs. THE ITO WD-2(1), TRIVANDRUM

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

TDS without considering the fact that the said payment is only incentives paid for mobilizing deposits from its members and not a commission payment.” 11. The first ground raised in the above appeal is with reference to grant of deduction u/s 80P(2)(a)(i) of the I.T.Act. We have already considered the issue in ITA No.579/Coch

M/S.KERALA STATE CO-OP AGRICULTURAL & RURAL DEV BANK LTD,TRIVANDRUM vs. THE ITO WD-2(1), TRIVANDRUM

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

TDS without considering the fact that the said payment is only incentives paid for mobilizing deposits from its members and not a commission payment.” 11. The first ground raised in the above appeal is with reference to grant of deduction u/s 80P(2)(a)(i) of the I.T.Act. We have already considered the issue in ITA No.579/Coch

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

section 2 33,32,307 36(1)(va) of the Act on late ITA No.489/Coch/2016 & SA 60/Coch/2017. 4 M/s.Allianz Cornhill International Services Pvt.Ltd. payment of employees’ contribution to PF and ESI 3. Erroneous imputation of 4 interest on amounts which are not in the nature of loan 4. Erroneous granting of credit 5 period which is short

THE DCIT, CIRCLE-1, THIRUVALLA, THIRUVALLA vs. M/S.MINI MUTHOOTTU CREDIT INDIA P. LTD, KOZHENCHERRY

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

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No.237/Coch/2018 Assessment Year : 2012-13 The Assistant Commissioner Of Vs. M/S. Mini Muthoottu Credit India Income-Tax, Circle-1, Thiruvalla. (P) Ltd., Muthoot Building, Kozhencherry-689 641. [Pan: Aaecm 5739P]

section 36(l)(iii) is attracted when the assessee borrows the capital for the purpose of his business and it does not matter whether the capital is borrowed for revenue expenditure or capital expenditure and as far as deduction of interest is concerned the key consideration is borrowing for the purpose of business. According to the Ld. AR, the land

M/S. MANGALAM PUBLICATIONS(INDIA) P.LTD,KOTTAYAM vs. DCIT, KOTTAYAM

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

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

36(1)(iii) and Rs.25,25,000 u/s 40(a)(ia) of the I.T.Act. ITA No.422/Coch/2019. 2 M/s.Mangalam Publications India (P) Ltd. 3. Aggrieved by the order of assessment, the assessee filed an appeal before the first appellate authority. The CIT(A) dismissed the appeal of the assessee vide impugned order dated 15.03.2019. 4. Aggrieved by the order

THEACIT, COCHIN vs. THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD, COCHIN

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

Bench: S/Shri Abraham P George, Am & George George K, Jm & (Asst Year 2010-11)) The Ernakulam Dist Coop Bank Ltd Vs The Jt Director Of Income Tax Kakkanad (Exemption) Kochi Kochi ( Appellant/Respondent) (Respondent/Appellant)

TDS on interest paid to various welfare boards. We shall take for adjudication the issues ground wise as under: Ground no.1: 4 The brief facts of the case are as follows: The assessee is a cooperative bank. For the Assessment Year 2010-11, the assessee claimed deduction u/s 36(1)(viia) of the Act in the computation of total income

M/S.THE ERNAKULAM DISTRICT CO-OP BANK LTD,COCHIN vs. THE JT. DIRECTOR OF INCOME TAX (EXEMPTION),, COCHIN

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

Bench: S/Shri Abraham P George, Am & George George K, Jm & (Asst Year 2010-11)) The Ernakulam Dist Coop Bank Ltd Vs The Jt Director Of Income Tax Kakkanad (Exemption) Kochi Kochi ( Appellant/Respondent) (Respondent/Appellant)

TDS on interest paid to various welfare boards. We shall take for adjudication the issues ground wise as under: Ground no.1: 4 The brief facts of the case are as follows: The assessee is a cooperative bank. For the Assessment Year 2010-11, the assessee claimed deduction u/s 36(1)(viia) of the Act in the computation of total income

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

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

TDS u/s. 40(a)(ia) of the Act. In the said order, the AO had also stated that penalty proceedings u/s. 270A(1) of the Act would be initiated separately. The AO had not specifically mentioned under which limb underreporting was done by the assessee in view of the above said facts and circumstances of the case. The AO further

NEW KABLE POINT,THRISSUR vs. ITO, WARD-2(1), THRISSUR

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

Bench: Shri Waseem Ahmed & Shri Soundararajan K

section 36 of the Income Tax Act .Though a petition for rectification was filed before the CPC,CPC had directed the appellant firm to raise this contention before the assessing authority at the time of scrutiny .The learned CIT (Appeals) 3 ITA No.268/Coch/202\43. New Kable Point. failed to consider this, even though this contention was raised before

THE ACIT, KOCHI vs. M/S.KUNNEL ENGINEERS & CONTRACTORS P. LTD, KOCHI

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

36, or (d) any sum payable by the assesses as interest on any loan or borrowing from any public financial institution or a Slate financial corporation or a State industrial investment corporation, in accordance with the terms and conditions of the agreement governing such loan or borrowing. (e) any sum payable by the assesses as interest on loan or advances

M/S AC CARGO MANAGEMENT P.LTD,,COCHIN vs. THE ITO, COCHIN

In the result, the appeal of the assessee is partly allowed

Bench: Shri Abraham P. George & Shri George George. K.] आयकर अपील सं./I.T.A. No. 320/Coch/2013. िनधा"रण वष" /Assessment Year : 2007-2008. Vs. M/S. Ac Cargo Management The Income Tax Officer, Pvt. Ltd, Ward 1(1) 1St Floor, Chacko Chambers, Kochi Civil Lines Road, Palarivattom, Kochi 682 025. [Pan Aaeca 2206K] (अपीलाथ" अपीलाथ" अपीलाथ"/Appellant) अपीलाथ" (ू"यथ" ू"यथ" ू"यथ"/Respondent) ू"यथ"

section 194C of the Act. If revenue felt that Assessing Officer had taken an erroneous view with regard to application of Sec. 194C of the Act, it should have taken recourse to other remedies under the Act, to address such a situation and cannot improve its case now before us. Since assessee was not liable to deduct TDS on payments

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 on such expenses are disallowed”. Having held so was it open to the Tribunal to seek to justify that “this fiction cannot be extended any further and, therefore, cannot be invoked by Assessing Officer to disallow the genuine and reasonable expenditure on the amounts of expenditure already paid”? Does this not amount to deliberately reading something

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 with the Government. 27. A proviso which is inserted to remedy unintended consequences and to make the provision workable, a proviso which supplies an obvious omission in the Section, is required to be read into the Section to give the Section a reasonable interpretation and requires to be treated as retrospective in operation so that a reasonable interpretation

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 with the Government. 27. A proviso which is inserted to remedy unintended consequences and to make the provision workable, a proviso which supplies an obvious omission in the Section, is required to be read into the Section to give the Section a reasonable interpretation and requires to be treated as retrospective in operation so that a reasonable interpretation

MUTHOOT HEALTHCARE P. LTD,KOZHENCHERRY vs. THE ACIT, , THIRUVALLA

In the result, the appeal of the assessee is partly allowed for statistical

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

36(1) applies and the depreciation has to be calculated as if there is no transfer. 19. Further, as there is no transfer, there is no cost to the assessee. Depreciation is allowable on the WDV of the asset and WDV has been defined under section 43(6) to mean In the case of assets aquired in the previous year