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11 results for “condonation of delay”+ Section 44clear

Sorted by relevance

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Key Topics

Section 143(3)11Deduction8Section 44A6Section 80P6Section 2636Section 10B5Addition to Income5Section 271B4Section 80P(2)(a)

M/S. PARAVUR SERVICE CO-OPERATIVE BANK,KOLLAM vs. INCOME TAX OFFICER, WARD 2, KOLLAM

In the result, the appeal and stay petition filed by the assessee are dismissed

ITA 767/COCH/2023[AY 2017-18]Status: DisposedITAT Cochin08 Jul 2024

Bench: Shri Chandra Poojari & Shri Soundararajan K.Assessment Year: 2017-18

For Appellant: Sri Santosh P. Abraham, A.RFor Respondent: Shri Sanjit Kumar Das, D.R
Section 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

44 ITR 668, considering a somewhat similar question where the appeal was barred by time and reference of the question was declined, held as under: “That the questions referred were not questions of law but questioners of fact since it was a matter of discretion for the Tribunal to condone delay for sufficient cause on the facts and circumstances

3
Section 683
Condonation of Delay3
Depreciation3

KOLLOORVILA SERVICE COOPERATIVE SOCIETY LIMITED Q214,KOLLAM vs. INCOME TAX OFFICEER, KOLLAM

Appeal is allowed and later appeal

ITA 667/COCH/2023[2017-18]Status: DisposedITAT Cochin13 Aug 2024AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: ---- None ----For Respondent: Smt.V.Swarnalatha, Sr.DR
Section 143(3)Section 271Section 271BSection 273Section 44Section 44ASection 80P

44 AB of the Income Tax Act comes under the purview of reasonable cause and enunciated under Section 273(B) of the Income Tax Act. 4. Without considering the replay furnished by the assessee society the assessing authority passed order under Section 271(B) of the Income Tax Act 1961 imposing maximum penalty of Rs.150000/-on 02.03.2022. 3 ITA Nos.667

KOLLOORVILA SERVICE COOPERATIVE SOCIETY LIMITED Q214,KOLLAM vs. INCOME TAX OFFICER, WARD-2, KOLLAM

Appeal is allowed and later appeal

ITA 879/COCH/2023[2017-18]Status: DisposedITAT Cochin13 Aug 2024AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: ---- None ----For Respondent: Smt.V.Swarnalatha, Sr.DR
Section 143(3)Section 271Section 271BSection 273Section 44Section 44ASection 80P

44 AB of the Income Tax Act comes under the purview of reasonable cause and enunciated under Section 273(B) of the Income Tax Act. 4. Without considering the replay furnished by the assessee society the assessing authority passed order under Section 271(B) of the Income Tax Act 1961 imposing maximum penalty of Rs.150000/-on 02.03.2022. 3 ITA Nos.667

THE SOUTH INDIAN BANK LIMITED,THRISSUR vs. DCIT,TDS, THIRUVANANTHAPURAM

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

ITA 1061/COCH/2024[2015-16]Status: DisposedITAT Cochin16 May 2025AY 2015-16

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

For Appellant: Shri Naresh C., CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 10Section 194ASection 201Section 297

Section 10 of the IT Act. 5 AAAAL0822C LBS CENTRE 64,44,687 No proof submitted for non- 644,469/- FOR SCIENCE deduction of Tax at source. AND TECHNOLOG Y Total 15,16,688/- Accordingly demanded TDS of Rs. 15,16,688/- along with interest u/s. 201(1A) of the Act of Rs. 13,22,784/- vide order dated

PERINGANDOOR SERVICE CO-OPERATIVA BANK LTD,ATHANI, THRISSUR vs. INCOME TAX OFFICER, THRISSUR

In the result, we dismiss these I

ITA 230/COCH/2025[2017-18]Status: DisposedITAT Cochin30 Jun 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am & Sonjoy Sarma, Jm Assessment Year: 2017-18 Peringandoor Service Cooperative Bank Ltd .......... Appellant 11/102A, Athani P O, Athani, Thrissur-680581. Pan: Aadap3407G Vs. The Income Tax Officer .......... Respondent Ward-2(1), Thrissur. Appellant By: Shri Ramdas M, Ca Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 02.06.2025 Date Of Pronouncement: 30.06.2025

For Appellant: Shri Ramdas M, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)Section 154Section 63Section 64Section 80P(2)Section 80P(2)(a)Section 80P(2)(d)

44,36,816/- earned from the Treasury Account and Rubber market. 4. Being aggrieved, the appellant is in appeal before us in the present appeal. 5. At the outset, there is a delay of 327 days. the appellant had filed a petition seeking condonation of delay by stating that the delay had occurred on account of pursuing of alternative remedy

THE ITO,, ALAPPUZHA vs. M/S.EXTRAWEAVE P. LTD, ALAPPUZHA

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

ITA 448/COCH/2016[2010-11]Status: DisposedITAT Cochin24 Jun 2022AY 2010-11

Bench: Shri George George K. & Shri Laxmi Prasad Sahum/S. Extraweave Pvt. Ltd. Arattukulangara Complex 264B/Cmc 1 Vs. A.N. Puram, Alapuzha 688011 Sakteeswara Junction Cherthala 688524 Pan – Aabce5438L Appellant Respondent

For Appellant: Shri R. Krishan, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 10BSection 10B(3)Section 143(2)Section 195Section 195(6)Section 40

44,856 and the ratio of such export turnover to the total turnover of Rs.44,73,,20,296 is found to be 0.95825.” 7. Aggrieved by the above findings of the AO the assessee filed appeal before the CIT(A). After considering the details filed by the assessee the issue has been dealt with by him in paras

M/S HIGH RANGE FOODS PRIVATE LTD,KOCHI vs. ITO CORPORATE WARD 1(3), KOCHI

In the result, the assessee’s appeal is partly allowed

ITA 22/COCH/2023[2015-16]Status: DisposedITAT Cochin11 Dec 2023AY 2015-16

Bench: Shri Sanjay Arora & Shri Manomohan Dashigh Range Foods Pvt. Ltd. The Income Tax Officer 28/3030, Cheruparambath Road Corporate Ward – 1(3) Vs. Kadavanthra, Kochi 682020 Kochi [Pan:Aaach6076L] (Appellant) (Respondent) Assessee By: Shri P.M. Veeramani, Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 11.09.2023 Date Of Pronouncement: 11.12.2023 O R D E R Per Sanjay Arora, Am This Appeal By The Assessee Is Directed Against The Order Dated 28.06.2022 By The Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)], Disallowing The Assessee’S Appeal Contesting It’S Assessment Under Section 143(3) Of The Income Tax Act, 1961 (‘The Act’) Dated 27.12.2017 For Assessment Year (Ay) 2015-16. 2. The Appeal, Filed On 09.01.2023, Is Delayed By 135 Days. The Condonation Petition Accompanying The Appeal, Which Is Supported By A Sworn Affidavit Dated 29.12.2022 By Shri Simon John, The Director & Principal Officer Of The Assessee- Company, Explains The Delay In Terms Of Non-Conveyance Of The Impugned Order Inasmuch As It’S Uploading On The Itba Was Not Accompanied By A Simultaneous Uploading On The Mobile Application As Well As A Real Time Alert Through Sms, As Required By Clause 11 Of The National Faceless Appeal Scheme (Nfas), So That The Order Cannot Be Regarded As Served On 28.6.2022, The Date Of The Impugned Order And

For Appellant: Shri P.M. Veeramani, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 143(3)Section 41(1)

delay was accordingly condoned, and the appeal admitted. This effectively also answers the assessee’s Gd. 2 – not pressed before us, assailing the validity of the impugned order on account of its transmission being not as per NFAS; Gd. 1 being general in nature, not warranting any adjudication. 3. The appeal raises two issues, which we shall take

RAJU JOSEPH VAYALAT,ERNAKULAM vs. ITO, WARD-2(5), KOCHI

In the result, the appeal of the assessee is dismissed

ITA 273/COCH/2024[2013-2014]Status: DisposedITAT Cochin26 Aug 2025AY 2013-2014

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarma

Section 133(6)Section 143(3)Section 68

44,39,000 and claimed cost of improvement of Rs. 35,77,949 while computing capital gains. Since no supporting evidence for the cost of improvement was produced, the AO rejected the claim and computed the long-term capital gain at Rs. 30,97,266.The assessment was completed under Section 143(3) on 28.12.2016, determining total income

DESAI HOMES,ERNAKULAM vs. THE ACIT NON CORP CIRCLE 2(1), COCHIN

In the result, appeal filed by the assessee stands dismissed

ITA 316/COCH/2023[2017-18]Status: DisposedITAT Cochin11 Mar 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm Assessment Year: 2017-18 Desai Homes .......... Appellant Dd Trade Tower, Kadavanthra Road Kaloor, Kochi 682017 [Pan: Aacfd0390E] Vs. Acit, Non-Corporte Circle 2(1) .......... Respondent C.R. Building, I.S. Press Road, Kochi 682018 Appellant By: Ms. Rohini Thampy, Ca Respondent By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 03.02.2025 Date Of Pronouncement: 11.03.2025

For Appellant: Ms. Rohini Thampy, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 263Section 80I

44,88,400/-. Against the said return of income, the assessment was completed by the ACIT, Non-corporate Circle-2(1), Kochi (hereinafter called "the AO") vide order dated 31.12.2019 passed u/s. 143(3) of the Act at a total income of Rs. 14,68,26,420/-. 3. Subsequently, on examination of the assessment records, the learned PCIT opined that

KERALA STATE FINANCIAL ENTERPRISES LIMITED,THRISSUR vs. DCIT CIRCLE 1(1) & TPS, THRISSUR

In the result, the assessee’s appeal is dismissed

ITA 933/COCH/2022[2017-18]Status: DisposedITAT Cochin16 Jan 2024AY 2017-18

Bench: Shri Sanjay Arora & Shri Manomohan Daskerala State Financial Dy. Cit, Circle - 1(1) & Tps Enterprises Ltd. Thrissur Bhadratha, Museum Road Vs. Chembukkavu - 680020 Thrissur [Pan:Aabct3817A] (Appellant) (Respondent)

For Appellant: Shri Harikrishnanunny, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 36(1)(vii)

delay attending its filing. The restoration thereto for considering the same, challenged on the ground of the appeal having been already decided, did not find acceptance by the Hon’ble Apex Court, explaining that an order dismissing an appeal as barred by time is also an order disposing the appeal, since admitted, passed in exercise of the appellate power

V GUARD INDUSTRIES LIMITED,VENNALA vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX-1, KOCHI

In the result, the assessee’s appeal is partly allowed

ITA 63/COCH/2022[2016-2017]Status: DisposedITAT Cochin20 Mar 2023AY 2016-2017

Bench: Shri Sanjay Arora & Shri Sandeep Gosainv-Guard Industries Ltd. Principal Cit-1, 42/962, Vennala High School C R Building, I S Press Road, Vs. Road, Vennala, Kochi 682018 Ernakulam 682028 [Pan: Aaacv5492Q] (Appellant) (Respondent) Appellant By: Shri Anil D. Nair, Advocate Respondent By: Shri Prashant V.K., Cit-Dr Date Of Hearing: 01.02.2023 Date Of Pronouncement: 20.03.2023 O R D E R Per: Bench This Is An Appeal By The Assessee Challenging The Revision Of It’S Assessment Under Section 143(3) Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) Dated 28/12/2018 For Assessment Year (Ay) 2016-17 By The Principal Commissioner Of Income Tax-1, Kochi (‘Pr. Cit’ For Short) Vide Order U/S. 263 Dated 22/03/2021. 2. The Appeal, Filed On 08/03/2022, Though Delayed By 256 Days, Was Admitted In View Of The Blanket Condonation By The Apex Court In Suo Motu Wp(C) No.3/2020, Dated 10/01/2022, Excluding The Period From 15/3/2020 To 28/02/2022 In Reckoning The Delay In Computing Limitation Under Law & The Hearing Accordingly Proceeded With. The Assessee Is A Company Manufacturing Electrical Cables, Pumps, Solar Water Heaters, Etc. & Trading In Electrical & Electronic Goods. Revision Of It’S Impugned Assessment Is On Several Issues On Which The Revisionary Authority Found An Absence Or Lack Of Enquiry By The Assessing Officer

For Appellant: Shri Anil D. Nair, AdvocateFor Respondent: Shri Prashant V.K., CIT-DR
Section 143(3)Section 263

condonation by the Apex Court in Suo Motu WP(C) No.3/2020, dated 10/01/2022, excluding the period from 15/3/2020 to 28/02/2022 in reckoning the delay in computing limitation under law, and the hearing accordingly proceeded with. The assessee is a company manufacturing electrical cables, pumps, solar water heaters, etc., and trading in electrical and electronic goods. Revision of it’s impugned