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)

depreciated “FMV” of the company shares already held in light of the foregoing case law, the impugned addition be deleted. 9. The Revenue on the other hand has strongly supported the impugned addition made in the assessee’s hands u/s 56(2)(vii)(c)(ii) of the Act. 10. It is in this factual backdrop that we first

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

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

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)

1)(c) of the Act vide notice u/s. 274 of even date: 2 Prakash R. Nair v. Dy.CIT, Central Circle i. Claim for deduction u/s 80IA(Rs.68,82,867/-) was rejected. ii. Bank interest of Rs. 3,13,508/- was assessed as ‘Income from Other Sources’. iii. The claim for deduction u/s 80HHC was restricted with reference to section 801A

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

Appeal is allowed

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

c) of the Act; as the case may be; which has neither been considered in assessment findings nor in the CIT(A)’s detailed discussion. The assessee vehemently argues that once the expenditure satisfies all foregoing statutory conditions, it is indeed eligible for claiming the relief u/s. 35D of the Act. Faced with this situation, we find that the issue

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

Appeal is allowed

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

c) of the Act; as the case may be; which has neither been considered in assessment findings nor in the CIT(A)’s detailed discussion. The assessee vehemently argues that once the expenditure satisfies all foregoing statutory conditions, it is indeed eligible for claiming the relief u/s. 35D of the Act. Faced with this situation, we find that the issue

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

Appeal is allowed

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

c) of the Act; as the case may be; which has neither been considered in assessment findings nor in the CIT(A)’s detailed discussion. The assessee vehemently argues that once the expenditure satisfies all foregoing statutory conditions, it is indeed eligible for claiming the relief u/s. 35D of the Act. Faced with this situation, we find that the issue

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

Appeal is allowed

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

c) of the Act; as the case may be; which has neither been considered in assessment findings nor in the CIT(A)’s detailed discussion. The assessee vehemently argues that once the expenditure satisfies all foregoing statutory conditions, it is indeed eligible for claiming the relief u/s. 35D of the Act. Faced with this situation, we find that the issue

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

Appeal is allowed

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

c) of the Act; as the case may be; which has neither been considered in assessment findings nor in the CIT(A)’s detailed discussion. The assessee vehemently argues that once the expenditure satisfies all foregoing statutory conditions, it is indeed eligible for claiming the relief u/s. 35D of the Act. Faced with this situation, we find that the issue

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

Appeal is allowed

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

c) of the Act; as the case may be; which has neither been considered in assessment findings nor in the CIT(A)’s detailed discussion. The assessee vehemently argues that once the expenditure satisfies all foregoing statutory conditions, it is indeed eligible for claiming the relief u/s. 35D of the Act. Faced with this situation, we find that the issue

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

Depreciation which the learned Assessing Officer did not allow without considering the facts of the case. 11. The AO has erred in disallowing the deduction claimed u/s. 37 of Rs. 1,18,54,561/- being expenditure on gifts incurred wholly and exclusively for the purpose of business of assessee company. 12 Apollo Tyres Ltd. 11.1 The AO has also erred

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

In the result, the appeal by the assessee is allowed

Bench: Shri Inturi Rama Raoshri Sandeep Singh Karhailthe South Indian Bank Limited, Head Office, Mission Quarters, Tb Road, Thrissur Kerala - 680001 ............... Appellant Pan : Aabct0022F V/S Pcit, Aayakar Bhavan, North Block, ……………… Respondent New Annex Building Mananchira, Kozhikode Kerala.

C, CA Revenue by : Shri Sanjit Kumar Das, CIT-DR (Heard in Hybrid Bench) Date of Hearing – 27/03/2025 Date of Order - 27/05/2025 O R D E R PER SANDEEP SINGH KARHAIL, J.M. The assessee has filed the present appeal against the impugned order dated 16/05/2024, passed under section 154 of the Income Tax Act, 1961 (“the Act”) by the learned

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

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year); Page 3 ITANos. 139 & 140/Coch/ 2020 (AYs 2009-10 & 2011-12) CO Nos. 02 & 03/Coch/2020 Asst. CIT vs. Apollo Tyres Ltd. Provided that where an assessment under

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

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year); Page 3 ITANos. 139 & 140/Coch/ 2020 (AYs 2009-10 & 2011-12) CO Nos. 02 & 03/Coch/2020 Asst. CIT vs. Apollo Tyres Ltd. Provided that where an assessment under

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

c) or u/s 36(1) (iii) r.w.s 37 of the Act, from making interest-free advances from out of interest- free funds, if such payments are made towards business purposes and if such payments have been made towards specified intents. yy) The following represent the statutory positions for the impugned A.Y. 2011-12 : (i) Section 14A of the Act provides

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

c) or u/s 36(1) (iii) r.w.s 37 of the Act, from making interest-free advances from out of interest- free funds, if such payments are made towards business purposes and if such payments have been made towards specified intents. yy) The following represent the statutory positions for the impugned A.Y. 2011-12 : (i) Section 14A of the Act provides

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

c) or u/s 36(1) (iii) r.w.s 37 of the Act, from making interest-free advances from out of interest- free funds, if such payments are made towards business purposes and if such payments have been made towards specified intents. yy) The following represent the statutory positions for the impugned A.Y. 2011-12 : (i) Section 14A of the Act provides

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

c) or u/s 36(1) (iii) r.w.s 37 of the Act, from making interest-free advances from out of interest- free funds, if such payments are made towards business purposes and if such payments have been made towards specified intents. yy) The following represent the statutory positions for the impugned A.Y. 2011-12 : (i) Section 14A of the Act provides

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

13-01-2023 Date of Pronouncement : 20-01-2023 ORDER PER PADMAVATHY S, ACCOUNTANT MEMBER Present appeal is against the order revision u/s. 263 of the IT Act (“the Act”) passed by the Principal Commissioner of Income Tax, Kochi-I for A.Y. 2016-17. 2. The assessee raised the following grounds of appeal: “1. The order

THE ACIT, COCHIN vs. M/S.PVR TOURIST HOME, COCHIN

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm Assessment Year: 2012-13 Acit, Circle-1, Non-Corporate .......... Appellant Iind Floor, C.R. Building, I.S. Press Road Ernakulam 682018 Vs. Pvr Tourist Home .......... Respondent Palarivattom, Kochi 682025 [Pan: Aadfp3442Q] Appellant By: Shri Suresh Sivanandan, Cit-Dr Respondent By: Shri Mohan Pulickal, Advocate Date Of Hearing: 10.03.2025 Date Of Pronouncement: 21.03.2025

13. Next question that is required to be determined by us is applicability of section 48 and section 50 of the Act. The provisions of section 48 provides for the method of computation of income chargeable under the head capital gains. Provisions of section 48 stipulates that the income chargeable under the head ‘capital gains’ shall be computed by deducting

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

In the result, the appeal by the assessee is dismissed

Bench: Shri Inturi Rama Raoshri Sandeep Singh Karhailthe South Indian Bank Limited, Head Office, Mission Quarters, Tb Road, Thrissur Kerala - 680001 ............... Appellant Pan : Aabct0022F V/S Dcit, Circle – 1(1) & Tps ……………… Respondent Thrissur, Kerala

c) The section under which MAT credit has been allowed has been wrongly mentioned as 115AA instead of 115JAA. d) After 'balance payable', the section under which interest has been levied has been wrongly mentioned as 234D instead of 234B. e) The date of the last payment of tax has been wrongly mentioned as 21- 12-2014 instead