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.

section 32(1)(iia) of the Act. The assessee could avail 50% of the allowed depreciation on account of the fact that the equipment for which depreciation was claimed was not used for more than 180 days in the previous year 2007- 08. Thus, the assessee claimed 10% of permissible 20

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.

section 32(1)(iia) of the Act. The assessee could avail 50% of the allowed depreciation on account of the fact that the equipment for which depreciation was claimed was not used for more than 180 days in the previous year 2007- 08. Thus, the assessee claimed 10% of permissible 20

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.

section 32(1)(iia) of the Act. The assessee could avail 50% of the allowed depreciation on account of the fact that the equipment for which depreciation was claimed was not used for more than 180 days in the previous year 2007- 08. Thus, the assessee claimed 10% of permissible 20

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.

section 32(1)(iia) of the Act. The assessee could avail 50% of the allowed depreciation on account of the fact that the equipment for which depreciation was claimed was not used for more than 180 days in the previous year 2007- 08. Thus, the assessee claimed 10% of permissible 20

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.

section 32(1)(iia) of the Act. The assessee could avail 50% of the allowed depreciation on account of the fact that the equipment for which depreciation was claimed was not used for more than 180 days in the previous year 2007- 08. Thus, the assessee claimed 10% of permissible 20

INFOPARKS KERALA,TRIVANDRUM vs. THE JT DIRECTOR OF IT (OSD) EXEM), COCHIN

In the result, the assessee’s appeals are partly allowed

Bench: Shri Sanjay Arora, Am & Shri Aby T. Varkey, Jm

20% as mandated by the second proviso to section 2(15)) – the concerned statutory or government organisations can be characterized as GPU charities. It goes without saying that the other conditions imposed by the seventh proviso to section 10(23C) and by section 11 have to necessarily be fulfilled. (v) As a consequence, it is necessary in each case, having

INFOPARKS KERALA,TRIVANDRUM vs. THE JT DIRECTOR OF IT (OSD) EXEM), COCHIN

In the result, the assessee’s appeals are partly allowed

Bench: Shri Sanjay Arora, Am & Shri Aby T. Varkey, Jm

20% as mandated by the second proviso to section 2(15)) – the concerned statutory or government organisations can be characterized as GPU charities. It goes without saying that the other conditions imposed by the seventh proviso to section 10(23C) and by section 11 have to necessarily be fulfilled. (v) As a consequence, it is necessary in each case, having

INFOPARKS KERALA,COCHIN vs. THE ACIT, COCHIN

In the result, the assessee’s appeals are partly allowed

Bench: Shri Sanjay Arora, Am & Shri Aby T. Varkey, Jm

20% as mandated by the second proviso to section 2(15)) – the concerned statutory or government organisations can be characterized as GPU charities. It goes without saying that the other conditions imposed by the seventh proviso to section 10(23C) and by section 11 have to necessarily be fulfilled. (v) As a consequence, it is necessary in each case, having

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

20 taxmann.com 117 (Trib.) (Kol.) hhh) The Bombay High Court in the case of HDFC Bank Lid vs. DCIT 2(3), Mumbai & Ors (in its decision dated 25.02.2016) observed that the presumption that the investment in tax- free securities is made from the taxpayers own funds if the funds are in excess of the securities applies to section

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

20 taxmann.com 117 (Trib.) (Kol.) hhh) The Bombay High Court in the case of HDFC Bank Lid vs. DCIT 2(3), Mumbai & Ors (in its decision dated 25.02.2016) observed that the presumption that the investment in tax- free securities is made from the taxpayers own funds if the funds are in excess of the securities applies to section

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

20 taxmann.com 117 (Trib.) (Kol.) hhh) The Bombay High Court in the case of HDFC Bank Lid vs. DCIT 2(3), Mumbai & Ors (in its decision dated 25.02.2016) observed that the presumption that the investment in tax- free securities is made from the taxpayers own funds if the funds are in excess of the securities applies to section

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

20 taxmann.com 117 (Trib.) (Kol.) hhh) The Bombay High Court in the case of HDFC Bank Lid vs. DCIT 2(3), Mumbai & Ors (in its decision dated 25.02.2016) observed that the presumption that the investment in tax- free securities is made from the taxpayers own funds if the funds are in excess of the securities applies to section

PLANT LIPIDS (P) LTD.,KADAYIRUPPU vs. DCIT , CORPORATE CIRCLE-2(1), KOCHI

In the result appeal filed by assessee stands allowed

Bench: Shri Inturi Rama Rao & Shri Keshav Dubeyassessmentyear:2020-21 Plant Lipids (P) Ltd. Kadayiruppu Po Kolenchery Dcit, Vs. Kerala 682 311 Corporate Circle-2(1) Kochi Pan No : Aabcp6061C Appellant Respondent Appellant By : Shri Thomson Thomas, A.R. Respondent By : Shri Sanjit Kumar Das, D.R. Date Of Hearing : 20.02.2025 Date Of Pronouncement : 19.05.2025 O R D E R Perkeshav Dubey: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Ao, Assessment Unit, Income Tax Department Dated 19.6.2024 Vide Din No.Itba/Ast/S/143(3)/2024- 25/1065876641(1) For The Ay 2020-21 Passed U/S 143(3) R.W.S. 144C(13) R.W.S. 144B Of The Income Tax Act, 1961 (In Short “The Act”). 2. The Assessee Has Raised Following Grounds Of Appeal: Plant Lipids (P) Ltd., Kolencherry, Kerala Page 2 Of 8

10. Section 135 of Companies Act, 2013 requires companies with CSR obligations, with effect from 01/04/2014. Finance (No.2) Act, 2014 inserted new Explanation 2 to subsection (1) of section 37, so as to clarify that for purposes of subsection (1) of section 37, any expenditure incurred by an assessee on the activities relating to corporate social responsibility referred

SILLS KARINGATTIL JOSE,NEDUMKANDOM vs. ITO WARD 2, THODUPUZHA

Appeal is partly allowed for statistical purpose

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhsils Karingattil Jose Income Tax Officer Np 3/406, Karingattil Ward - 2, House, Munnar Road Thodupuzha Vs. Nedumkandom P.O. [Pan: Afopj8789C] (Appellant) (Respondent)

20. With regard to the issue of 82,200 shares, the name of wife and father of the assessee would also not be hit by the provisions of section 56(2)(viii)(c) as both of them would be covered by the definition of relative covered in the exemption of relative, and therefore, the provisions of section 56 would

CHERIAN VARKEY CONSTRUCTION CO.(P) LTD,COCHIN vs. THE ACIT, COCHIN

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

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am

depreciation is claimed 1. Transit Mixers 65,62,774 8,20,346 6,56,277 2. Truck 85,86,528 10,73,316 8,58,653 Total 1,51,49,302 18,93,662 15,14,930 3. Other plant and 9,44,574 machineries Total 24,59,504 5.1 The sample copies of the invoices for the Transit Mixers

M/S.APOLLO TYRES LTD,COCHIN vs. THE PRINCIPAL COMMISSIONER OF INCOMETAX, COCHIN

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

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm Assessment Year: 2013-14 Apollo Tyres Ltd. .......... Appellant 3Rd Floor, Areekal Mansion, Panampilly Nagar, Kochi 682036 [Pan: Aaaca6990Q] Vs. Dcit, Corporate Circle-1(1), Kochi ......... Respondent Assessee By: Shri Abraham Joseph Markos, Adv. Revenue By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 20.08.2025 Date Of Pronouncement: 01.09.2025

10% as per second proviso to section 32 of the Act. Balance additional depreciation cannot be allowed in subsequent AY, i.e. the year under consideration – Rs. 36,21,58,356/- iii. Disallowance of pre-operative expenditure details of which were extracted by the AO vide para 9 of the draft assessment order. These pre-operative expenditure was incurred

PRIME PROPERTY DEVELOPERS,THIRD FLOOR vs. ASSISTANT COMMISSIONER OF INCOME TAX, OFFICE OF THE ASSISTANT COMMISSIONER OF INCOME TAX

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarma

Section 143(3) of the Act vide order dated 23.12.2019 by the learned Assistant Commissioner of Income Tax. In the assessment, the Assessing Officer made various disallowances and additions as under: I.T.A. No.854/COCH/2024 Prime Property Developers (i) Disallowance of lump-sum diesel expenses: Rs. 10,00,000, on account of estimated inflation of labour expenses. (ii) Disallowance of 20% depreciation

TAG CHEMICALS (INDIA) PRIVATE LTD,ERNAKULAM vs. ACIT CIRCLE 1(1) , TRIVANDRUM

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

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Tag Chemicals (India) Pvt. Ltd. Acit, Circle - 1(1) Kinfra Bio-Technology & Trivandrum Industrial Zone Vs. Thrikkakara North Part Hmt Colony, Ernakulam 683503 [Pan: Aacct8064G] (Appellant) (Respondent)

20% membership in the consortium, amounting to Rs. 155.9 crores, was treated to acquire a license, being intangible assets, and thus assessee was entitled to claim depreciation u/s. 32(1)(ii) of the Act. Pune Bench of the Tribunal in the case of Ashoka Info (P) Ltd (supra) has also held that the expenditure incurred on construction of highway