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191 results for “depreciation”+ Section 143clear

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Key Topics

Section 143(3)92Addition to Income70Section 26338Depreciation35Section 14734Section 32(1)(iia)33Disallowance33Deduction31Section 14830Section 80I

AROOR CO-OP URBAN SOCIETY LTD,KOZHIKKODE vs. ITO, KOZHIKKODE

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

ITA 188/COCH/2021[2016-17]Status: DisposedITAT Cochin27 Jun 2022AY 2016-17

Bench: Shrigeorge George K.And Shrilaxmi Prasad Sahuaroor Co-Operative Urbn Society Dcit, Central Prossing Centre Aroor P.O., Kakkattil 673507 Bangalore Vs.

For Appellant: Shri V.S. Narayanan, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 143Section 143(1)Section 143(1)(a)Section 80P

143(1)(a) of the Act. 6. We further observe that Section 80AC(ii) has been amended by the Finance Act, 2018, w.e.f. 01.04.2018. The case before us is related to AY 2016-17. Accordingly the amendment will not apply in this case for the impugned assessment year. A similar issue has been decided by the Hon’ble Jurisdictional High

Showing 1–20 of 191 · Page 1 of 10

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29
Section 153C28
Section 153A19

JUBILEE MISSION HOSPITAL,THRISSUR vs. THE DCIT, KOCHI

In the result, the appeals filed by the assessee in ITA Nos

ITA 89/COCH/2022[2009-10]Status: DisposedITAT Cochin14 Sept 2022AY 2009-10

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Sri Surendranath Rao, A.RFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 147Section 148

depreciation claim on the basis of infructuous revised return was not in order for that year or subsequent assessment years including the instant year's computation, which was based on such wrong written down value of assets. Moreover, the assessing officer had observed that the closing balance of preceding year and opening balance of relevant year under general fund

JUBILEE MISSION HOSPITAL ,KAKKANAD vs. THE DCIT, KOCHI

In the result, the appeals filed by the assessee in ITA Nos

ITA 91/COCH/2022[2013-14]Status: DisposedITAT Cochin14 Sept 2022AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Sri Surendranath Rao, A.RFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 147Section 148

depreciation claim on the basis of infructuous revised return was not in order for that year or subsequent assessment years including the instant year's computation, which was based on such wrong written down value of assets. Moreover, the assessing officer had observed that the closing balance of preceding year and opening balance of relevant year under general fund

JUBILEE MISSION HOSPITAL,THRISSUR vs. THE DCIT, THRISSUR

In the result, the appeals filed by the assessee in ITA Nos

ITA 88/COCH/2022[2008-09]Status: DisposedITAT Cochin14 Sept 2022AY 2008-09

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Sri Surendranath Rao, A.RFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 147Section 148

depreciation claim on the basis of infructuous revised return was not in order for that year or subsequent assessment years including the instant year's computation, which was based on such wrong written down value of assets. Moreover, the assessing officer had observed that the closing balance of preceding year and opening balance of relevant year under general fund

JUBILEE MISSION HOSPITAL.,THRISSUR vs. THE DCIT, KOCHI

In the result, the appeals filed by the assessee in ITA Nos

ITA 90/COCH/2022[2010-11]Status: DisposedITAT Cochin14 Sept 2022AY 2010-11

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Sri Surendranath Rao, A.RFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 147Section 148

depreciation claim on the basis of infructuous revised return was not in order for that year or subsequent assessment years including the instant year's computation, which was based on such wrong written down value of assets. Moreover, the assessing officer had observed that the closing balance of preceding year and opening balance of relevant year under general fund

AYUR GREEN AYURVEDA HOSPITALS PRIVATE LIMITED,MALAPPURAM vs. DCIT, CPC, BENGALURU, BENGALURU

In the result, the assessee’s appeal is dismissed

ITA 565/COCH/2022[2018-2019]Status: DisposedITAT Cochin13 Mar 2024AY 2018-2019

Bench: Shri Sanjay Arora & Dr. S. Seethalakshmiayurgreen Ayurveda Hospsitals Vs Dcit, Private Limited Cpc, Door No. 1/301 Ayurgreen Bengaluru. Ayurveda Hospitals, Kaladi Mlp Edappal, Malappuram-679585. (Appellant) (Respondent) Pan No. Aaica 4294 M

For Appellant: NoneFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 143(1)Section 2Section 30Section 36Section 36(1)(va)Section 43B

143(1), assumes critical importance in the processing of returns, also important to bear in mind the fact that what constitutes jurisdictional High Court will essentially depend upon the location of the jurisdictional Assessing Officer. While dealing with jurisdiction for the appeals, rule 11(1) of the Central Processing of Returns Scheme, 2011 states that “Where a return is processed

DCIT, ALAPPUZHA vs. M/S ACEELERATED FREEZE DRYING CO, LTD, ALAPPUZHA

In the result, the appeal of the Revenue is allowed and the appeal of the

ITA 714/COCH/2008[2002-03]Status: DisposedITAT Cochin28 Jun 2019AY 2002-03

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

Section 143(3)Section 2Section 2(14)Section 42Section 50BSection 50B(1)

section 50B(1). I.T.A. Nos. 714/Coch/2008 & 1286/Coch/2005 3. The facts of the case are that by order dated 28.12.2006, the Assessing Officer completed the assessment u/s. 143(3) r.w.s. 147 determining a total income of Rs. Rs.4,85,37,340/- against Nil income. During the relevant assessment year the assessee had sold two of its units at Taloja

ACEELERATED FREEZE DRYING CO.LTD,ALAPPUZHA vs. DCIT, ALAPPUZHA

In the result, the appeal of the Revenue is allowed and the appeal of the

ITA 1286/COCH/2005[2002-03]Status: DisposedITAT Cochin28 Jun 2019AY 2002-03

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

Section 143(3)Section 2Section 2(14)Section 42Section 50BSection 50B(1)

section 50B(1). I.T.A. Nos. 714/Coch/2008 & 1286/Coch/2005 3. The facts of the case are that by order dated 28.12.2006, the Assessing Officer completed the assessment u/s. 143(3) r.w.s. 147 determining a total income of Rs. Rs.4,85,37,340/- against Nil income. During the relevant assessment year the assessee had sold two of its units at Taloja

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

In the result, the appeal by the assessee is allowed

ITA 628/COCH/2024[2018-19]Status: DisposedITAT Cochin27 May 2025AY 2018-19

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.

For Appellant: Shri Naresh C, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 142(1)Section 143Section 143(2)Section 143(3)Section 154Section 250Section 263Section 36(1)(vii)Section 36(1)(viia)Section 36(2)(v)

143(3) dated 17.02.2021 in so far as it relates to issue of bad debts written off is without jurisdiction.” 6. The learned PCIT, vide order passed under section 263 of the Act, inter-alia, after considering the submissions of the assessee along with documents filed, held that the setting aside of the assessment on the issue of claim

SHAHUL HAMEED,MANANTHAVADY vs. ITO, WARD-2, KALPETTA

In the result, the appeal by the assessee is allowed

ITA 355/COCH/2024[2014-2015]Status: DisposedITAT Cochin27 Mar 2025AY 2014-2015

Bench: Shri Inturi Rama Rao & Shri Sandeep Singh Karhail

For Appellant: --- None ---For Respondent: Smt.Leena Lal, Sr.AR
Section 115Section 133ASection 143(3)Section 147Section 148Section 154Section 250Section 69

143(3) read with section 147 of the Act, treated the income declared under the head “Income from Other Sources” as an unexplained investment under section 69 of the Act, and therefore, applied the provisions of section 115-BBE for computing the tax liability of the assessee. It is evident from the record that while assessing the total income

GATEWAY DISTRIPARKS(KERALA) LTD,COCHIN vs. ACIT, COCHIN

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

ITA 216/COCH/2018[2013-14]Status: DisposedITAT Cochin28 Aug 2018AY 2013-14

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No.216/Coch/2018 Assessment Year : 2013-14 Gateway Distriparks (Kerala) Vs. The Assistant Commissioner Of Ltd., Door No. 26/1804, Income-Tax, Circle-1(2), Kochi Chakiat House, Subramaniam Road, Willington Island, Kochi-682 003. [Pan:Aaccg 6616P] (Assessee-Appellant) (Revenue-Respondent) Assessee By Shri P.M. Veeramani, Ca Revenue By Smt. A.S. Bindhu, Dr Date Of Hearing 14/08/2018 Date Of Pronouncement 28/08/2018

Section 143(3)Section 263Section 32Section 32(1)(ii)

depreciation. 7. Regarding validity of invoking of jurisdiction u/s. 263 of the Act by the CIT, Section 263 of the Income-tax Act seeks to remove the prejudice caused to the revenue by the erroneous order passed by the Assessing Officer. It empowers the Commissioner to initiate suo moto proceedings either where the Assessing Officer takes a wrong decision without

ACIT, TRIVANDRUM vs. KERALA STATE ELECTRICITY BOARD, TRIVANDRUM

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

ITA 53/COCH/2019[2006-07]Status: DisposedITAT Cochin08 Aug 2019AY 2006-07

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

Section 115JSection 143(3)Section 147Section 148

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): Provided that where an assessment under sub-section (3) of section 143

ACIT, TRIVANDRUM vs. KERALA STATE ELECTRICITY BOARD, TRIVANDRUM

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

ITA 52/COCH/2019[2005-06]Status: DisposedITAT Cochin08 Aug 2019AY 2005-06

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

Section 115JSection 143(3)Section 147Section 148

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): Provided that where an assessment under sub-section (3) of section 143

M/S.MALANKARA PLANTATIONS LTD,KOTTAYAM vs. ACIT, CIR-1, KOTTAYAM

In the result, the appeal of the assessee is partly allowed for statistical

ITA 544/COCH/2018[2009-10]Status: DisposedITAT Cochin18 Feb 2019AY 2009-10

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

Section 10Section 143(3)Section 147Section 147oSection 148

143(3) read with section 147 of the Act for the assessment year 2009-10. 3. Without prejudice to the grounds No. 1 and 2 above, the learned Commissioner of Income Tax (Appeals) erred in confirming the order of the assessing officer disallowing the replantation allowance of rubber claimed by the appellant under Rule 7A(2) of the Income

CSB BANK LTD ( FORMERLY THE CATHOLIC SRIAN BANK LTD,THRISSUR vs. THE PR CIT, KOZHIKKODE

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

ITA 84/COCH/2021[2016-17]Status: DisposedITAT Cochin14 Sept 2022AY 2016-17

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2016-17

For Appellant: Shri C. Naresh, A.RFor Respondent: Shri Shantam Bose, D.R
Section 143(3)Section 14ASection 263Section 438Section 43B

section 43B(f) is not applicable in respect of such provision. 4. In the case of M/s. Bharat Earth Movers Ltd. Vs. CIT(2000) 245 ITR 428(SC), the Hon’ble Supreme Court held that the global provision made towards the liability incurred under the leave encashment scheme shall be allowable as a deduction in the same year irrespective

CSB BANK LTD.,THRISSUR vs. DCIT CIRCLE 1(1) & TPS THRISSUR, THRISSUR

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

ITA 563/COCH/2022[2017-2018]Status: DisposedITAT Cochin14 Sept 2022AY 2017-2018

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2016-17

For Appellant: Shri C. Naresh, A.RFor Respondent: Shri Shantam Bose, D.R
Section 143(3)Section 14ASection 263Section 438Section 43B

section 43B(f) is not applicable in respect of such provision. 4. In the case of M/s. Bharat Earth Movers Ltd. Vs. CIT(2000) 245 ITR 428(SC), the Hon’ble Supreme Court held that the global provision made towards the liability incurred under the leave encashment scheme shall be allowable as a deduction in the same year irrespective

ACIT, ERNAKULAM vs. APPOLO TYRES LTD, COCHIN

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

ITA 140/COCH/2020[2011-12]Status: DisposedITAT Cochin30 Nov 2023AY 2011-12

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Joseph Markose, AdvocateFor Respondent: Sh. Sanjit K. Das, CIT-DR and Smt
Section 147

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

ITA 139/COCH/2020[2009-10]Status: DisposedITAT Cochin30 Nov 2023AY 2009-10

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Joseph Markose, AdvocateFor Respondent: Sh. Sanjit K. Das, CIT-DR and Smt
Section 147

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

ERNAKULAM REGIONAL COOPERATIVE MILK PRODUCERS UNIONS LTD.,KOCHI vs. ACIT, CIRCLE 1(1), KOCHI, KOCHI

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

ITA 588/COCH/2022[2012-2013]Status: DisposedITAT Cochin19 Dec 2022AY 2012-2013

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S.Assessment Year : 2012-13

For Appellant: Shri Radhesh L. Bhat, CAFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 143(2)Section 32(1)Section 32(1)(iia)

143(2) was duly served on the assessee. During the course of assessment proceedings, the AO noticed that the assessee has claimed an amount of Rs.3,20,902 towards additional depreciation in respect of plant machinery put to use during the immediate prior AY. The assessee was asked to show cause why the amount of additional depreciation should

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

In the result, the appeal by the assessee is dismissed

ITA 284/COCH/2024[2008-2009]Status: DisposedITAT Cochin27 May 2025AY 2008-2009

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

For Appellant: Shri Naresh C, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 115Section 142(1)Section 143(2)Section 143(3)Section 154Section 234BSection 234DSection 250

143(3) of the Act, the assessee was granted MAT credit of ₹ ₹ 22,59,55,822 under section 115-AA of the Act. There is no dispute regarding the fact that the said order was revised and rectified several times thereafter, and even vide rectification order 24/03/2016, the assessed income remained unchanged. We find that vide its application dated 16/04/2015