DCIT, TRIVANDRUM vs. BRAHMOS AEROSPACE( THIRUVANANTHAPURAM) LTD, TRIVANDRUM

In the result, the appeal filedby

Bench: Shri George Mathan, Jm & Shri Ramit Kochar, Am Deputy Commissioner Brahmos Aerospace Of Income Tax, (Thiruvananthapuram) Ltd., Circle-1(1), V. Chackai, Thiruvananthapuram Beach Post, Kerala Tiruvananthapuram, Kerala Pan – Aabck2217K Appellant Respondent

carry forward of business loss while loss on account of depreciation was allowed to be carried forward. It was fairly

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

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

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

carry forward of business losses and unabsorbed deprecation. The amendments have been brought into effect retrospectively from 01-04-2011 and have been made applicable to business losses or unabsorbed depreciation

KINGS INFRA VENTURES LTD,THEVARA vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1 (2), KOCHI, KOCHI

In the result, the appeal by the assessee is dismissed

Bench: Shri Sanjay Arora & Shri Sandeep Gosainkings Infra Ventures Ltd. Asstt. Commissioner Of A-1, 1St Floor, Atria Apartment Income Tax, Opp. Gurudwara Temple Vs. Circle - 1(2) Perumanur Road Kochi Thevara, Kochi [Pan:Aaccv3411D] (Respondent) (Appellant) Appellant By: Shri Joseph Markose, Sr. Advocate Respondent By: Smt. J.M. Jamuna Devi, Sr. D.R.

carry forward of unabsorbed depreciation would arise only in that case. That is, the question of set-off of unabsorbed loss

JUBILEE MISSION HOSPITAL,THRISSUR vs. THE DCIT, THRISSUR

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

loss or the depreciation allowance or any other allowance, as the case may be, for the assessment year concerned ITA Nos.88 TO 91/Coch/2022 Jubilee Mission Hospital, Thrissur Page 11 of 19 (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year).” 11.1 In our opinion, since there was no material brought on record

JUBILEE MISSION HOSPITAL,THRISSUR vs. THE DCIT, KOCHI

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

loss or the depreciation allowance or any other allowance, as the case may be, for the assessment year concerned ITA Nos.88 TO 91/Coch/2022 Jubilee Mission Hospital, Thrissur Page 11 of 19 (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year).” 11.1 In our opinion, since there was no material brought on record

JUBILEE MISSION HOSPITAL.,THRISSUR vs. THE DCIT, KOCHI

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

loss or the depreciation allowance or any other allowance, as the case may be, for the assessment year concerned ITA Nos.88 TO 91/Coch/2022 Jubilee Mission Hospital, Thrissur Page 11 of 19 (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year).” 11.1 In our opinion, since there was no material brought on record

JUBILEE MISSION HOSPITAL ,KAKKANAD vs. THE DCIT, KOCHI

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

loss or the depreciation allowance or any other allowance, as the case may be, for the assessment year concerned ITA Nos.88 TO 91/Coch/2022 Jubilee Mission Hospital, Thrissur Page 11 of 19 (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year).” 11.1 In our opinion, since there was no material brought on record

THE KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LIMITED NO.679,ALAPPUZHA vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE, ALAPPUZHA, ALAPPUZHA

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

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Assessment Year : 2017-18

carried forward losses and unabsorbed depreciation of earlier years without assigning any reason. 6) The learned Assessing Officer ought to have

CABOT TECHNOLOGY SOLUTION PRIVATE LIMITED,KOCHI vs. PRINCIPAL COMMISSIONER OF INCOME TAX, KOCHI-1, KOCHI

In the result, the assessee’s appeal is disposed of on the afore-stated terms

Bench: Shri Sanjay Arora & Shri Manomohan Dascabot Technology Solutions Principal Commissioner Of Pvt. Ltd. Income Tax – 1 204, 2Nd Floor, Lulu Cyber Tower Vs. Cr Building , Is Press Infopark, Kochi 682042 Road, Kochi 682018 [Pan:Aadcc 9320K] (Appellant) (Respondent) Assessee By: Shri Allen Joseph, Ca Revenue By: Shri Sajit Kumar Das, Cit- D.R. Date Of Hearing: 18.10.2023 Date Of Pronouncement: 31.10.2023 O R D E R Per Sanjay Arora, Am This Is An Appeal By The Assessee Agitating The Revision Of It’S Order Under Section 143(3) Of The Income Tax Act, 1961 (‘The Act’) Dated 20.12.2019 For Assessment Year (Ay) 2017-18 By The Principal Commissioner Of Income Act (Pr. Cit), Vide His Order Dated 18.01.2022. 2.1 The Brief Facts Of The Case Are That The Assessee, A Company In Software Development Business, Returned, For The Relevant Year, An Income Of Rs.3,67,574 Under The Regular Provisions Of The Act & A Book-Profit Of Rs.14,33,474 U/S.115Jb Of The Act, Paying The Higher Tax On The Latter. The Same Was Subject To Regular Assessment, Determining The Income Under The Regular Provisions At Rs. 8,10,750 & At The Returned Book-Profit Under Mat Provisions. The Assessment Record Was Subsequently Examined By The Learned Pr. Cit In Exercise Of His Revisionary

loss and depreciation inconsistent with the record, in a higher sum. It may, as stated, not impact the taxability, but the amount to be set off and carried forward

APTIV CONNECTION SYSTEMS INDIA PRIVATE LIMITED,KOCHI, KERALA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1) KOCHI, KOCHI, KERALA

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

Bench: Shri Waseem Ahmed & Shri Soundararajan K

carried forward like the loss or depreciation computed under normal provisions of the Act. As such, the income of the eligible

APTIV CONNECTION SYSTEMS INDIA PRIVATE LIMITED,KOCHI, KERALA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), KOCHI, ERNAKULAM

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

Bench: Shri Waseem Ahmed & Shri Soundararajan K

carried forward like the loss or depreciation computed under normal provisions of the Act. As such, the income of the eligible

SHAHUL HAMEED,MANANTHAVADY vs. ITO, WARD-2, KALPETTA

In the result, the appeal by the assessee is allowed

Bench: Shri Inturi Rama Rao & Shri Sandeep Singh Karhail

loss shall be allowable in respect of income under section 68. Therefore, it has to be held that, as on the relevant date of the assessment, there was no bar existed 7 ITA No.355/Coch/2024. Sri.Sahul Hameed. with respect to allowing set off against the carried forward unabsorbed depreciation

GRAMIN JANATHA WELFARE CO-OPERATIVE SOCIETY LTD.NO R 1224,KALLUR vs. INCOME TAX OFFICER, WARD 1(1), THRISSUR, THRISSUR

In the result, appeal filed by the assessee is allowed

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadavassessmentyear:2023-24

carry forward losses, depreciation and ICDS. It is the contention of the assessee that since the assessee is entitled for the deduction

EEPEES DEVELOPERS PRIVATE LIMITED,KOZHIKODE vs. ASSISTANT COMMISSIONER OF INCOME TAX, KOZHIKODE

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

Bench: Shri Inturi Rama Rao & Shri Soundararajan K.Assessment Year : 2013-14

forward the losses of the earlier years and the unabsorbed depreciation and set off the same with the current year’s income. The AO treated the said license fee under the head income from house property and denied the other deductions except the 30% towards repair and maintenance as per the provisions of the Act. The assessee challenged the said

GOOD SHEPHERED CENTRAL SCHOOL TRUST,THRISSUR vs. ITO, EXEMPTION WARD, THRISSUR

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

Bench: Shri Inturi Rama Rao, Am

depreciation be allowed as application of income. The fact that return of income for earlier years were not filed nor return of income for year under consideration was not filed within the due date would not make any difference as the issue in question is carry forward of loss

GOOD SHEPHERED CENTRAL SCHOOL TRUST,THRISSUR vs. ITO, EXEMPTION WARD, THRISSUR

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

Bench: Shri Inturi Rama Rao, Am

depreciation be allowed as application of income. The fact that return of income for earlier years were not filed nor return of income for year under consideration was not filed within the due date would not make any difference as the issue in question is carry forward of loss

MALABAR CEMENTS LIMITED,PALAKKAD vs. ACIT, PALAKKAD

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

loss account of every year which was also pointed out by the statutory auditors for the year ended 31.3.2010 about non-provision of depreciation on insurance spares. It was a statutory requirement as per the provisions of the Companies Act and assessee was legally bound to provide the depreciation. Many of the spare parts were not usable because the machineries

MALABAR CEMENTS LTD,WALAYAR vs. ACIT, CIRCLE-1, PALAKKAD, PALAKKAD

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

loss account of every year which was also pointed out by the statutory auditors for the year ended 31.3.2010 about non-provision of depreciation on insurance spares. It was a statutory requirement as per the provisions of the Companies Act and assessee was legally bound to provide the depreciation. Many of the spare parts were not usable because the machineries