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

reopened after 4 years from the end of relevant assessment years. The Ld. A.R. submitted that the reason recorded in the assessment years 2008-09 & 2009-10 is as follows:- “The WDV of the assets as on 31.03.2004 stood at Rs.10.57 crores. The assessee has not challenged the assessment order. However

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

reopened after 4 years from the end of relevant assessment years. The Ld. A.R. submitted that the reason recorded in the assessment years 2008-09 & 2009-10 is as follows:- “The WDV of the assets as on 31.03.2004 stood at Rs.10.57 crores. The assessee has not challenged the assessment order. However

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.

reopen the assessment proceedings for the assessment years impacted. Besides, and needless to say, if the assessment or re- assessment for the preceding AY 2010-11 serves to disallow any concurrent claim of the unabsorbed depreciation

MANJILAS AGRO FOOD PVT.LTD.,THRISSUR vs. THE ITO,WARD-1(2),, THRISSUR

In the result, all the appeals by the assessee are partly allowed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S.

assessment proceedings u/s. 143(3), the AO after conducting enquiries allowed the ITA Nos.32 to 34/Coch/2022 Page 4 of 18 depreciation @ 30% based on the submissions made by the assessee. The AO cannot change his opinion with respect to the rate of depreciation applicable and this cannot be the reason for reopening

MANJILAS AGRO FOODS PVT. LTD,THRISSUR vs. THACIT,CIRCLE-1(1 ), THRISSUR

In the result, all the appeals by the assessee are partly allowed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S.

assessment proceedings u/s. 143(3), the AO after conducting enquiries allowed the ITA Nos.32 to 34/Coch/2022 Page 4 of 18 depreciation @ 30% based on the submissions made by the assessee. The AO cannot change his opinion with respect to the rate of depreciation applicable and this cannot be the reason for reopening

THE ACIT, CIRCLE-1(1), THRRISSUR vs. MANJILAS AGRO FOODS PVT. LTD., THRISSUR

In the result, all the appeals by the assessee are partly allowed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S.

assessment proceedings u/s. 143(3), the AO after conducting enquiries allowed the ITA Nos.32 to 34/Coch/2022 Page 4 of 18 depreciation @ 30% based on the submissions made by the assessee. The AO cannot change his opinion with respect to the rate of depreciation applicable and this cannot be the reason for reopening

M/S SKYLINE E TECH,KOCHI vs. ACIT CIRCLE 2(2), KOCHI

In the result, both the appeals of the assessee are allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

assessment year. A person cannot make a profit by revaluing his assets without any real income accruing to him. The provisions of transfer do not attract the above transaction, the provisions of section 47 also do not apply to the facts of the case. It is also important that the income of the assessee is chargeable to tax under

M/S SKYLINE E TECH,KOCHI vs. ACIT CIRCLE 2(2), KOCHI

In the result, both the appeals of the assessee are allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

assessment year. A person cannot make a profit by revaluing his assets without any real income accruing to him. The provisions of transfer do not attract the above transaction, the provisions of section 47 also do not apply to the facts of the case. It is also important that the income of the assessee is chargeable to tax under

YENKEY ROLLER FLOUR MILLS,CALICUT vs. DCIT C-1(1), KOZHIKKODE

In the result, the appeal filed by the appellant stands allowed

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

depreciation, etc. Subsequently, the AO sought to reopen the assessment by issuing notice u/s. 148 of the Act on 23.03.2013 after

M/S.ROADS AND BRIDGES DEVELOPMENT CORPN OF KERALA LTD,ERNAKULAM vs. THE ACIT, KOCHI

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

Bench: Smt. Beena Pillai & Ms. Padmavathy Sassessment Year : 2016-17

reopening the assessment u/s 263 of the Income Tax Act, the assessment completed vide proceedings of Page 2 of 8 Sec. 143(3) of the IT Act, even though there is no error which is prejudicial to the interest of revenue which requires revision u/s.263 of the IT Act. 3. The learned Pr. CIT went wrong in stating that

K.K.BUILDERS,KANNUR vs. DCIT, KOZHIKKODE

In the result, appeal of the assessee is dismissed

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

depreciation 6,26,61,743 6. Being aggrieved by the above assessment order, the assessee filed an appeal before the CIT(A). It was contended before the CIT(A) that the assessment order passed by the AO is invalid as the JCIT had granted a mechanical approval u/sec. 153D of the Act and the additions cannot be made in absence

K.K.BUILDERS,KANNUR vs. DCIT, KOZHIKKODE

In the result, appeal of the assessee is dismissed

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

depreciation 6,26,61,743 6. Being aggrieved by the above assessment order, the assessee filed an appeal before the CIT(A). It was contended before the CIT(A) that the assessment order passed by the AO is invalid as the JCIT had granted a mechanical approval u/sec. 153D of the Act and the additions cannot be made in absence

K.K.BUILDERS,KANNUR vs. DCIT, KOZHIKKODE

In the result, appeal of the assessee is dismissed

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

depreciation 6,26,61,743 6. Being aggrieved by the above assessment order, the assessee filed an appeal before the CIT(A). It was contended before the CIT(A) that the assessment order passed by the AO is invalid as the JCIT had granted a mechanical approval u/sec. 153D of the Act and the additions cannot be made in absence

ACIT, ERNAKULAM vs. APPOLO TYRES LTD, COCHIN

In the result, the Revenue’s appeals as well as the Assessee’s COs, are allowed

Bench: Shri Sanjay Arora & Shri Manomohan Das

reopened by the issue of notice u/s.148(1) of the Act dated 14/3/2016. The same is thus beyond 4 years only for AY 2009-10, on which basis, finding the disclosure by the assessee as true and full, the ld. CIT(A) has found the reassessment proceedings as bad in law. That is, the same being within 4 years (from

ACIT, ERNAKULAM vs. APPOLO TYRES LTD, COCHIN

In the result, the Revenue’s appeals as well as the Assessee’s COs, are allowed

Bench: Shri Sanjay Arora & Shri Manomohan Das

reopened by the issue of notice u/s.148(1) of the Act dated 14/3/2016. The same is thus beyond 4 years only for AY 2009-10, on which basis, finding the disclosure by the assessee as true and full, the ld. CIT(A) has found the reassessment proceedings as bad in law. That is, the same being within 4 years (from

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

Assessing Officer’s reopening reasons dated 05.12.2016 reading as under : “To The Principal Officer, M/s Delphi Connection Systems India Ltd. formerly known as M/s FCI Technology Services Ltd. XII/101 Thiruvaniyoor, Vettickal Road, Thiruvaniyoor Post, Puthencruz Via, Ernakulam, Kerala - 682302 Sir, Sub: Reasons recorded for issue of notice u/s 148 for A.Y.2009-10 The reasons recorded for issue of notice under section

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

Assessing Officer’s reopening reasons dated 05.12.2016 reading as under : “To The Principal Officer, M/s Delphi Connection Systems India Ltd. formerly known as M/s FCI Technology Services Ltd. XII/101 Thiruvaniyoor, Vettickal Road, Thiruvaniyoor Post, Puthencruz Via, Ernakulam, Kerala - 682302 Sir, Sub: Reasons recorded for issue of notice u/s 148 for A.Y.2009-10 The reasons recorded for issue of notice under section

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

Assessing Officer’s reopening reasons dated 05.12.2016 reading as under : “To The Principal Officer, M/s Delphi Connection Systems India Ltd. formerly known as M/s FCI Technology Services Ltd. XII/101 Thiruvaniyoor, Vettickal Road, Thiruvaniyoor Post, Puthencruz Via, Ernakulam, Kerala - 682302 Sir, Sub: Reasons recorded for issue of notice u/s 148 for A.Y.2009-10 The reasons recorded for issue of notice under section