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35 results for “depreciation”+ Penaltyclear

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Key Topics

Section 26321Section 271(1)(c)15Addition to Income14Disallowance13Depreciation13Section 220(2)12Section 15412Section 244A12Section 143(3)11Section 11

M/S.MAJ HOSPITAL,ERNAKULAM vs. THE DCIT9EXEMPTION), , KOCHI

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

ITA 499/COCH/2017[2011-12]Status: DisposedITAT Cochin09 Nov 2018AY 2011-12

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

For Appellant: Sri.K.M.JoseFor Respondent: Smt.A.S.Bindhu, Sr.DR
Section 11Section 11(1)Section 11(4)Section 12ASection 143(3)Section 271BSection 44ASection 44J

depreciation on the assets, the cost of which was allowed as application of income. The A.O. further observed that the assessee has failed to get its books of account audited u/s 44AB of the I.T.Act and hence penalty

Showing 1–20 of 35 · Page 1 of 2

11
Penalty11
Section 2508

MALLELIL INDUSTRIES PRIVATE LIMITED,PATHANAMTHITTA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, THIRUVALLA

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

ITA 787/COCH/2024[2015-16]Status: DisposedITAT Cochin31 Jul 2025AY 2015-16

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm Assessment Year: 2015-16 Mallelil Industries Pvt. Ltd. .......... Appellant Attachakkal P.O., Pathanamthitta 689691 [Pan: Aafcm0761Q] Vs. Acit, Circle-1, Thiruvalla .......... Respondent Appellant By: Shri Surendran, Ca Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 05.06.2025 Date Of Pronouncement: 31.07.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 24.08.2022 For Assessment Year (Ay) 2015-16. 2. Brief Facts Of The Case Are That The Appellant Is A Company Incorporated Under The Provisions Of Companies Act, 1956. It Is Engaged In The Business Of Manufacture Of Rock Aggregates & Running A Quarry. The Return Of Income For Ay 2015-16 Was Fled On 22.09.2015 Declaring Income Of Rs. 2,54,10,720/-. Survey

For Appellant: Shri Surendran, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 133ASection 263Section 271(1)(c)

depreciation of Rs. 11,80,715/-. The AO also initiated penalty proceedings u/s. 271(1)(c) of the Act for concealment

DR. K.E. MOORTHY,PATHANAMTHITTA vs. DCIT, KOLLAM

In the result, the appeals of the assessee in ITA Nos

ITA 637/COCH/2008[2000-01]Status: DisposedITAT Cochin18 Jul 2019AY 2000-01

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

Section 132Section 153ASection 250Section 271(1)(c)

penalty which is against the provision section 271 (1) (c). 11.5 It was submitted that the assessee had in addition to the claim for standard deduction also made claim for normal expenses on a very conservative basis for an amount of Rs. 60000 in each assessment years and an amount of Rs. 164250 and 93400 as depreciation

M/S. JOSEPH GEORGE & CO.,,PATHANAPURAM vs. THE ITO, KOLLAM

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

ITA 323/COCH/2016[1996-97]Status: DisposedITAT Cochin19 May 2017AY 1996-97

Bench: S/Shri Abraham P. George, Am & George George K., Jm

Section 143(3)Section 147Section 148Section 271(1)(c)

depreciation was claimed and allowed Long term capital gains on sale of land 358,800 In appeal these additions were reduced to Rs.4,20,413/- and Rs.3,30,700/- respectively. It was on this concealment that the penalty

M/S.SOORYA DRUG HOUSE,THODUPUZHA vs. THE ITO,WD-2, THODUPUZHA

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

ITA 236/COCH/2019[2012-13]Status: DisposedITAT Cochin02 Aug 2019AY 2012-13

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

For Appellant: Sri.Mathew JosephFor Respondent: Sri.Shantom Bose
Section 133ASection 143Section 143(1)Section 148Section 153Section 263Section 271(1)(c)Section 274

depreciation on car -- 32,253 Total 24,15,165 22,22,127 Less : Additional income offered in the 19,00,000 20,00,000 returns to cover up the above mistakes. Additions in the assessment 5,15,165 2,22,127 3. The penalty

M/S.SOORYA DRUG HOUSE,THODUPUZHA vs. THE ITO,WD-2, THODUPUZHA

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

ITA 237/COCH/2019[2013-14]Status: DisposedITAT Cochin02 Aug 2019AY 2013-14

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

For Appellant: Sri.Mathew JosephFor Respondent: Sri.Shantom Bose
Section 133ASection 143Section 143(1)Section 148Section 153Section 263Section 271(1)(c)Section 274

depreciation on car -- 32,253 Total 24,15,165 22,22,127 Less : Additional income offered in the 19,00,000 20,00,000 returns to cover up the above mistakes. Additions in the assessment 5,15,165 2,22,127 3. The penalty

M/S.KALYAN JEWELLERS INDIA LTD,THRISSUR vs. THE ACIT, THRISSUR

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

ITA 744/COCH/2019[2015-16]Status: DisposedITAT Cochin14 Sept 2022AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2015-16

For Appellant: Shri Shaji Sreejith, A.RFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 143(3)Section 145(1)Section 263Section 5(1)Section 80GSection 80G(4)

penalty or fine for violation of any law for the time being in force. M/s. Kalyan Jewellers India Ltd., Thrissur Page 7 of 9 v) Large share premium received during the year (verify applicability of Sec 56(2)(viib)). vi) Delayed payment of tax and return filed late. vii) Large- other expenses claimed in the Profit & Loss a/c. viii). Depreciation

LOTUS DESTINATIONS PRIVATE LIMITED,KCOHI vs. DCIT CORPORATE CIR 1(1), KOCHI

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

ITA 413/COCH/2025[2017-18]Status: DisposedITAT Cochin31 Jul 2025AY 2017-18

Bench: the CIT(A), who vide the impugned order dismissed the appeal for non-prosecution.

For Appellant: Shri P. Sanjay, AdvocateFor Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)Section 250(6)Section 270A

depreciation on Trademark for failure of the assessee to produce the bills in support of the same. The AO further disallowed a sum of Rs. 31,40,000/- being travelling allowance paid to one of the Directors by holding that the payment is not related to business. The above additions were not agitated by the appellant. The AO initiated penalty

M/S.MARYMATHA SCHOOL TRUST,COCHIN vs. THE ITO(EXEMPTION), COCHIN

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

ITA 285/COCH/2017[2012-13]Status: DisposedITAT Cochin30 Aug 2018AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No.285/Coch/2017 Assessment Year : 2012-13 M/S. Mary Matha School Trust, Vs. The Income Tax Officer Thrikkakara P.O. (Exemption), Kochi. Kochi-682 021. [Pan:Aabtm 0241L]

Section 11Section 11(1)(a)Section 143(3)Section 263Section 272A(2)(e)Section 272A(3)Section 272A(4)

depreciation is an allowable application of income u/s. 11, as the amendment is prospective in nature and effective from assessment year 2015-16. 2. The learned Commissioner ought to have understood that the Lissie Medical Institutions case does not hold good as it was arisen prior to the amendment in section 11. Also, Al-Ameen Charitable Fund Trust case

SHRI.PRAKASH R. NAIR,KOLLAM vs. DCIT, KOLLAM

In the result, the assessee’s appeal is partly allowed for statistical purposes

ITA 141/COCH/2021[2000-2001]Status: DisposedITAT Cochin17 Jan 2024AY 2000-2001

Bench: Shri Sanjay Arora & Shri Manomohan Dasprakash R. Nair Dy.Cit, Central Circle Prop. Dhanya Foods Kollam Kochuppilammoodu Vs. Kollam 691001 [Pan:Abfpn4424P] (Appellant) (Respondent)

For Appellant: Shri R. Vijayaraghavan, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 143(1)Section 148(1)Section 271(1)(c)Section 274Section 80Section 801A(9)Section 80HSection 80I

penalty proceedings, which were though considered only in respect of addition listed at Sr. No. 5, the assessee reiterated his stand in the assessment proceedings, toward which reproduce his reply dated 19.02.2004: ‘In the original return, sales in the course of export was 30673 tins valued at Rs. 8,14,83,860/ This averages to Rs. 234.09 per kg. When

DCIT, TRIVANDRUM vs. ASIANET SATELLITE COMMUNICATIONS LTD, TRIVANDRUM

In the result, both the appeals of the Revenue are dismissed

ITA 661/COCH/2019[2007-08]Status: DisposedITAT Cochin20 Feb 2020AY 2007-08

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

depreciation of modems in detail, but passed the 'order simply considering the decision held I.T.A. Nos. 661&662/Coch/2019 in ITA No.1241/Hyd/2010, for other peripherals which are not at all similar to "modems". For these and other grounds that may be advanced at the time of hearing the order of the learned Commissioner of Income-tax (Appeals), Thiruvananthapuram on the above

DCIT, TRIVANDRUM vs. ASIANET SATELLITE COMMUNICATIONS LTD, TRIVANDRUM

In the result, both the appeals of the Revenue are dismissed

ITA 662/COCH/2019[2010-11]Status: DisposedITAT Cochin20 Feb 2020AY 2010-11

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

depreciation of modems in detail, but passed the 'order simply considering the decision held I.T.A. Nos. 661&662/Coch/2019 in ITA No.1241/Hyd/2010, for other peripherals which are not at all similar to "modems". For these and other grounds that may be advanced at the time of hearing the order of the learned Commissioner of Income-tax (Appeals), Thiruvananthapuram on the above

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

Appeal is allowed

ITA 288/COCH/2024[2019-2020]Status: DisposedITAT Cochin23 Oct 2024AY 2019-2020

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Naresh S., CAFor Respondent: Dr. S. Pandian, CIT-DR
Section 153Section 154Section 220(2)Section 234DSection 244ASection 244aSection 250

depreciation in the value of the same was taken into account in the financial accounts of the Company. The profit on the sales of shares/bonds was also returned and assessed as business income of the Bank. In respect of the expenditure incurred by the appellant for buying and selling securities, the appellant claimed deduction while computing the profits and gains

THE SOUTH INDIAN BANK LIMITED,THRISSUR vs. ACIT, CIRCLE 1(1)& TPS, THRISSUR

Appeal is allowed

ITA 286/COCH/2024[2014-2015]Status: DisposedITAT Cochin23 Oct 2024AY 2014-2015

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Naresh S., CAFor Respondent: Dr. S. Pandian, CIT-DR
Section 153Section 154Section 220(2)Section 234DSection 244ASection 244aSection 250

depreciation in the value of the same was taken into account in the financial accounts of the Company. The profit on the sales of shares/bonds was also returned and assessed as business income of the Bank. In respect of the expenditure incurred by the appellant for buying and selling securities, the appellant claimed deduction while computing the profits and gains

THE SOUTH INDIAN BANK LIMITED ,THRISSUR vs. ACIT, CIRCLE 1(1), THRISSUR

Appeal is allowed

ITA 285/COCH/2024[2013-2014]Status: DisposedITAT Cochin23 Oct 2024AY 2013-2014

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Naresh S., CAFor Respondent: Dr. S. Pandian, CIT-DR
Section 153Section 154Section 220(2)Section 234DSection 244ASection 244aSection 250

depreciation in the value of the same was taken into account in the financial accounts of the Company. The profit on the sales of shares/bonds was also returned and assessed as business income of the Bank. In respect of the expenditure incurred by the appellant for buying and selling securities, the appellant claimed deduction while computing the profits and gains

THE SOUTH INDIAN BANK LIMITED,THRISSUR vs. JCIT, RANGE-1, THRISSUR

Appeal is allowed

ITA 283/COCH/2024[2008-2009]Status: DisposedITAT Cochin23 Oct 2024AY 2008-2009

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Naresh S., CAFor Respondent: Dr. S. Pandian, CIT-DR
Section 153Section 154Section 220(2)Section 234DSection 244ASection 244aSection 250

depreciation in the value of the same was taken into account in the financial accounts of the Company. The profit on the sales of shares/bonds was also returned and assessed as business income of the Bank. In respect of the expenditure incurred by the appellant for buying and selling securities, the appellant claimed deduction while computing the profits and gains

THE SOUTH INDIAN BANK LIMITED,THRISSUR vs. ACIT, CIRCLE-1(1), THRISSUR

Appeal is allowed

ITA 232/COCH/2024[2004-2005]Status: DisposedITAT Cochin23 Oct 2024AY 2004-2005

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Naresh S., CAFor Respondent: Dr. S. Pandian, CIT-DR
Section 153Section 154Section 220(2)Section 234DSection 244ASection 244aSection 250

depreciation in the value of the same was taken into account in the financial accounts of the Company. The profit on the sales of shares/bonds was also returned and assessed as business income of the Bank. In respect of the expenditure incurred by the appellant for buying and selling securities, the appellant claimed deduction while computing the profits and gains

THE SOUTH INDIAN BANK LIMITED,THRISSUR vs. JCIT, CIRCLE-1(1), THRISSUR

Appeal is allowed

ITA 233/COCH/2024[2006-2007]Status: DisposedITAT Cochin23 Oct 2024AY 2006-2007

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Naresh S., CAFor Respondent: Dr. S. Pandian, CIT-DR
Section 153Section 154Section 220(2)Section 234DSection 244ASection 244aSection 250

depreciation in the value of the same was taken into account in the financial accounts of the Company. The profit on the sales of shares/bonds was also returned and assessed as business income of the Bank. In respect of the expenditure incurred by the appellant for buying and selling securities, the appellant claimed deduction while computing the profits and gains

ASIANET SATELLITE COMMUNICATIONS LIMITED,THIRUVANANTHAPURAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM

In the result, appeal filed by the assessee stands allowed

ITA 473/COCH/2025[2016-17]Status: DisposedITAT Cochin08 Aug 2025AY 2016-17

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K, Jm

For Appellant: Shri Raghunathan S, AdvocateFor Respondent: Smt. Leena Lal, Sr. DR
Section 143(3)Section 250Section 263Section 37(1)

depreciation loss. While doing so, the AO made disallowance of Rs. 1,07,06,000/- being the amount of interest on delayed payment of TDS of Rs. 79,69,894/-, service tax of Rs. 8,49,279/- and entertainment tax of Rs. 3,186/- rejecting the contention of the appellant that the same partakes character of business expenditure placing reliance

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

depreciation, reducing the open written down value (WDV) thereby. No issue therefore, in our view, arises for being considered by the AO. The Revenue has no case, with the ld. Pr. CIT having himself not made any adverse comment in the matter (para 6.1) 4.3 Issue #3: Non-consideration of expenses disallowed, u/s. 115-JB ‘Perusal of the assessment order