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

Permanent Establishment (PE) of USTG in India. In the absence of a PE of USTG in India, the said amount would not be taxable in India as business profits. In view of the same, the said amount of management service charges would not be IT(TP)A Nos.475 & 134/Coch/2016. 8 M/s.US Technology Resources Pvt.Ltd. chargeable to tax in India

THE ACIT, KOCHI vs. M/S.COCHIN SHIPYARD LTD, KOCHI

In the result, all the appeals by the revenue are dismissed

Bench: Smt. Beena Pillai & Ms. Padmavathy S.

depreciation in the subsequent year. ITA Nos.655 to 659/Coch/2019 Page 4 of 10 4.2 Learned Senior Counsel appearing for the assessee refers to and relies on the judgments in Commissioner of Income-tax, Madurai v. T P Textiles (P) Ltd. (2017) 79 taxmann.com 411 (Madras) and Commissioner of Income-tax, Bangalore v. Rittal India (P) Ltd. (2016) 66 taxmann.com

THE ACIT, KOCHI vs. M/S.COCHIN SHIPYARD LTD, KOCHI

In the result, all the appeals by the revenue are dismissed

Bench: Smt. Beena Pillai & Ms. Padmavathy S.

depreciation in the subsequent year. ITA Nos.655 to 659/Coch/2019 Page 4 of 10 4.2 Learned Senior Counsel appearing for the assessee refers to and relies on the judgments in Commissioner of Income-tax, Madurai v. T P Textiles (P) Ltd. (2017) 79 taxmann.com 411 (Madras) and Commissioner of Income-tax, Bangalore v. Rittal India (P) Ltd. (2016) 66 taxmann.com

THE ACIT, KOCHI vs. M/S.COCHIN SHIPYARD LTD, KOCHI

In the result, all the appeals by the revenue are dismissed

Bench: Smt. Beena Pillai & Ms. Padmavathy S.

depreciation in the subsequent year. ITA Nos.655 to 659/Coch/2019 Page 4 of 10 4.2 Learned Senior Counsel appearing for the assessee refers to and relies on the judgments in Commissioner of Income-tax, Madurai v. T P Textiles (P) Ltd. (2017) 79 taxmann.com 411 (Madras) and Commissioner of Income-tax, Bangalore v. Rittal India (P) Ltd. (2016) 66 taxmann.com

THE ACIT, KOCHI vs. M/S.COCHIN SHIPYARD LTD, KOCHI

In the result, all the appeals by the revenue are dismissed

Bench: Smt. Beena Pillai & Ms. Padmavathy S.

depreciation in the subsequent year. ITA Nos.655 to 659/Coch/2019 Page 4 of 10 4.2 Learned Senior Counsel appearing for the assessee refers to and relies on the judgments in Commissioner of Income-tax, Madurai v. T P Textiles (P) Ltd. (2017) 79 taxmann.com 411 (Madras) and Commissioner of Income-tax, Bangalore v. Rittal India (P) Ltd. (2016) 66 taxmann.com

THE ACIT, KOCHI vs. M/S.COCHIN SHIPYARD LTD, KOCHI

In the result, all the appeals by the revenue are dismissed

Bench: Smt. Beena Pillai & Ms. Padmavathy S.

depreciation in the subsequent year. ITA Nos.655 to 659/Coch/2019 Page 4 of 10 4.2 Learned Senior Counsel appearing for the assessee refers to and relies on the judgments in Commissioner of Income-tax, Madurai v. T P Textiles (P) Ltd. (2017) 79 taxmann.com 411 (Madras) and Commissioner of Income-tax, Bangalore v. Rittal India (P) Ltd. (2016) 66 taxmann.com

THE PLANTATION CORPORATION OF KERALA LTD,KOTTAYAM vs. THE ACIT, KOTTAYAM

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

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

depreciation. It is also an allowance to offset the loss of ITA Nos.1-2/Coch/2020 6 M/s.Plantation Corporation of Kerala Ltd. income or is in the form of a benefit granted to a farmer to recoup from the earnings the loss of revenue for. a period of 7 years, since the expenses on establishment remains the same irrespective of the extent under

THE PLANTATION CORPORATION OF KERALA LTD,KOTTAYAM vs. THE ACIT, KOTTAYAM

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

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

depreciation. It is also an allowance to offset the loss of ITA Nos.1-2/Coch/2020 6 M/s.Plantation Corporation of Kerala Ltd. income or is in the form of a benefit granted to a farmer to recoup from the earnings the loss of revenue for. a period of 7 years, since the expenses on establishment remains the same irrespective of the extent under

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

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

established in the cash flow statements about the availability of enough own funds at the time of making investments in the exempted income yielding assets. Hence, it is appropriate to verify the fact whether enough own funds are available with the assessee as on the date of making investments in the exempted income yielding assets. Being so, the assessee

THE DCIT, COCHIN vs. M/S.COCHIN INTERNATIONAL AIRPORT LTD, COCHIN

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

established judicial positions that prevent any disallowance u/s 14A r.w.r 8D apply in favour of the Appellant in the instant case. In respect of judicial position (iii), it can be noted that the AO's comments are generic in that he has recorded his surmise/conjecture that the Appellant may have incurred expenses attributable to the earning of exempt incomes being

THEDCIT, COCHIN vs. M.S COCHIN INTERNATIONAL AIRPORT LTD, COCHIN

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

established judicial positions that prevent any disallowance u/s 14A r.w.r 8D apply in favour of the Appellant in the instant case. In respect of judicial position (iii), it can be noted that the AO's comments are generic in that he has recorded his surmise/conjecture that the Appellant may have incurred expenses attributable to the earning of exempt incomes being

THE DCIT, COCHIN vs. M.S COCHIN INTERNATIONAL AIRPORT LTD, COCHIN

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

established judicial positions that prevent any disallowance u/s 14A r.w.r 8D apply in favour of the Appellant in the instant case. In respect of judicial position (iii), it can be noted that the AO's comments are generic in that he has recorded his surmise/conjecture that the Appellant may have incurred expenses attributable to the earning of exempt incomes being

THE DCIT, COCHIN vs. M/S.COCHIN INTERNATIONAL AIRPORT LTD, COCHIN

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

established judicial positions that prevent any disallowance u/s 14A r.w.r 8D apply in favour of the Appellant in the instant case. In respect of judicial position (iii), it can be noted that the AO's comments are generic in that he has recorded his surmise/conjecture that the Appellant may have incurred expenses attributable to the earning of exempt incomes being

ASPINWALL & COMPANY LTD,COCHIN vs. THE ACIT, COCHIN

In the result,the appeal of the Revenue in ITA No

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

establish that the investment was made from any surplus funds, till the same is shown with relation to any sequential cash flow alongwith any identifiable bank transactions. The CIT(A) observed that the incidental administrative expenses relating to earning of income are imbedded in the indirect expenses and thus, there was a cost inbuilt into the passive investments

ASPINWALL & COMPANY LTD,COCHIN vs. THE ACIT, COCHIN

In the result,the appeal of the Revenue in ITA No

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

establish that the investment was made from any surplus funds, till the same is shown with relation to any sequential cash flow alongwith any identifiable bank transactions. The CIT(A) observed that the incidental administrative expenses relating to earning of income are imbedded in the indirect expenses and thus, there was a cost inbuilt into the passive investments

THE DCIT, COCHIN vs. M/S.ASPINWALL & CO. LTD, COCHIN

In the result,the appeal of the Revenue in ITA No

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

establish that the investment was made from any surplus funds, till the same is shown with relation to any sequential cash flow alongwith any identifiable bank transactions. The CIT(A) observed that the incidental administrative expenses relating to earning of income are imbedded in the indirect expenses and thus, there was a cost inbuilt into the passive investments

M/S ASPINWALL & CO.,LTD,COCHIN vs. THE ACIT, COCHIN

In the result,the appeal of the Revenue in ITA No

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

establish that the investment was made from any surplus funds, till the same is shown with relation to any sequential cash flow alongwith any identifiable bank transactions. The CIT(A) observed that the incidental administrative expenses relating to earning of income are imbedded in the indirect expenses and thus, there was a cost inbuilt into the passive investments