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.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.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 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

TDS - Large other expenses claimed in the Profit and Loss Account. n) The Assessing officer after examining reasons for selecting the return for limited scrutiny based on the records and submissions made by the assessee accepted the return and completed the Limited scrutiny by order dated 27.10.2017 without any adjustment to the loss as returned. o) The reason for initiation

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

1) of section 139, such sum shall be allowed as a deducted in computing the income of the previous year in which such tax has been paid." 24. Thus, the Finance Act, 2010 further relaxed the rigors of Section 40(a)(ia) of the IT Act to provide that all TDS made during the previous year can be deposited with

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

1) of section 139, such sum shall be allowed as a deducted in computing the income of the previous year in which such tax has been paid." 24. Thus, the Finance Act, 2010 further relaxed the rigors of Section 40(a)(ia) of the IT Act to provide that all TDS made during the previous year can be deposited with

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 JEEVAN TELECASTING CORPN LTD,COCHIN vs. ACIT, COCHIN

In the result, ITA Nos.606 to 610/Coch/2010 are partly allowed and ITA Nos

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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly

M/S JEEVAN TELECASTING CORPN LTD,COCHIN vs. ACIT, COCHIN

In the result, ITA Nos.606 to 610/Coch/2010 are partly allowed and ITA Nos

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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly

M/S JEEVAN TELECASTING CORPN LTD,COCHIN vs. ACIT, COCHIN

In the result, ITA Nos.606 to 610/Coch/2010 are partly allowed and ITA Nos

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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly

M/S JEEVAN TELECASTING CORPN LTD,COCHIN vs. ACIT, COCHIN

In the result, ITA Nos.606 to 610/Coch/2010 are partly allowed and ITA Nos

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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly

M/S JEEVAN TELECASTING CORPN LTD,COCHIN vs. ACIT, COCHIN

In the result, ITA Nos.606 to 610/Coch/2010 are partly allowed and ITA Nos

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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly

M/S JEEVAN TELECASTING CORPN LTD,COCHIN vs. ACIT, COCHIN

In the result, ITA Nos.606 to 610/Coch/2010 are partly allowed and ITA Nos

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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly

M/S JEEVAN TELECASTING CORPN LTD,COCHIN vs. ACIT, COCHIN

In the result, ITA Nos.606 to 610/Coch/2010 are partly allowed and ITA Nos

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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly

M/S JEEVAN TELECASTING CORPN LTD,COCHIN vs. ACIT, COCHIN

In the result, ITA Nos.606 to 610/Coch/2010 are partly allowed and ITA Nos

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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly

M/S JEEVAN TELECASTING CORPN LTD,COCHIN vs. ACIT, COCHIN

In the result, ITA Nos.606 to 610/Coch/2010 are partly allowed and ITA Nos

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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly