THE ACIT, CIRCLE-1(1), THRISSUR, THRISSUR vs. M/S.KERALA COMMUNICATORS CABLE LTD, THRISSUR

In the result, appeal filed by the Revenue is allowed and

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

section 32 including building when the rate of depreciation on building is only 10% and not 100%. The equipments like STB can be considered, if at all admissible for depreciation, to be @ 15

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

section 2(15), i.e., by Finance Act, 2010 w.r.e.f. 01.4.2009, which reads asunder: ITA Nos.75-77/Coch/2015 (AYs. 2009-10 to 11-12) Infopark Kerala v. Jt.DIT "Definitions 2. In this Act, unless context otherwise requires,– (15) “Charitable purpose” includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility: Provided that the advancement

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

section 2(15), i.e., by Finance Act, 2010 w.r.e.f. 01.4.2009, which reads asunder: ITA Nos.75-77/Coch/2015 (AYs. 2009-10 to 11-12) Infopark Kerala v. Jt.DIT "Definitions 2. In this Act, unless context otherwise requires,– (15) “Charitable purpose” includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility: Provided that the advancement

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

section 2(15), i.e., by Finance Act, 2010 w.r.e.f. 01.4.2009, which reads asunder: ITA Nos.75-77/Coch/2015 (AYs. 2009-10 to 11-12) Infopark Kerala v. Jt.DIT "Definitions 2. In this Act, unless context otherwise requires,– (15) “Charitable purpose” includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility: Provided that the advancement

THE ACIT, ERNAKULAM vs. M/S.NITTA GELATINE INDIA LTD, COCHIN

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

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

depreciation in the immediate next year. Thus, this ground of appeal of the Revenue is dismissed. 9. The next ground, Ground No. 3 in ITA No. 301/Coch/2017 is with regard to the disallowance of Cash Payments made to suppliers of Animal crushed bones u/s. 40A(3) of the Act. 10. The facts of the case are that

THE ACIT, COCHIN vs. M/S.NITTA GELATINE INDIA LTD, COCHIN

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

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

depreciation in the immediate next year. Thus, this ground of appeal of the Revenue is dismissed. 9. The next ground, Ground No. 3 in ITA No. 301/Coch/2017 is with regard to the disallowance of Cash Payments made to suppliers of Animal crushed bones u/s. 40A(3) of the Act. 10. The facts of the case are that

SMT.K.B.SONY,COCHIN vs. THE DCIT, COCHIN

In the result, i) The appeal of the assessee in ITA No

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

depreciation and unabsorbed investment allowance for limited period in case of certain domestic companies. Section 35 deals with expenditure on scientific research, section 35A deals with expenditure on acquisition of patent right or copy right. Section 35AB deals with expenditure on know-how. Section 35ABB deals with expenditure for obtaining licence to operate telecommunication services. Section 35AC deals with expenditure

A K SANTHOSH,KOCHI vs. DCIT, CORPORATE CIRCLE-1(1), KOCHI, KOCHI

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

depreciation on car/vehicles to 15% as against 30% claimed. Therefore, this ground of appeal of the assessee is dismissed. A.K. Santhosh A.Y. 2013-14 & 2015-16 9. Regarding 3rd ground of appeal of the assessee on the issue of treatment of lease rent received as income from house property instead of income from other sources. We find that assesse

A K SANTHOSH,KOCHI vs. DCIT, CORPORATE CIRCLE-1(1), KOCHI, KOCHI

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

depreciation on car/vehicles to 15% as against 30% claimed. Therefore, this ground of appeal of the assessee is dismissed. A.K. Santhosh A.Y. 2013-14 & 2015-16 9. Regarding 3rd ground of appeal of the assessee on the issue of treatment of lease rent received as income from house property instead of income from other sources. We find that assesse

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.

15% and hence we see no reason to interfere with the decision of the CIT(A). This ground of the assessee is accordingly dismissed. Personal use of car by directors 21. The AO noticed that the assessee has claimed vehicle expenses and depreciation which included the expenses and depreciation towards the car used by the director. Accordingly the AO disallowed

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.

15% and hence we see no reason to interfere with the decision of the CIT(A). This ground of the assessee is accordingly dismissed. Personal use of car by directors 21. The AO noticed that the assessee has claimed vehicle expenses and depreciation which included the expenses and depreciation towards the car used by the director. Accordingly the AO disallowed

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.

15% and hence we see no reason to interfere with the decision of the CIT(A). This ground of the assessee is accordingly dismissed. Personal use of car by directors 21. The AO noticed that the assessee has claimed vehicle expenses and depreciation which included the expenses and depreciation towards the car used by the director. Accordingly the AO disallowed

M/S AC CARGO MANAGEMENT P.LTD,,COCHIN vs. THE ITO, COCHIN

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

Bench: Shri Abraham P. George & Shri George George. K.] आयकर अपील सं./I.T.A. No. 320/Coch/2013. िनधा"रण वष" /Assessment Year : 2007-2008. Vs. M/S. Ac Cargo Management The Income Tax Officer, Pvt. Ltd, Ward 1(1) 1St Floor, Chacko Chambers, Kochi Civil Lines Road, Palarivattom, Kochi 682 025. [Pan Aaeca 2206K] (अपीलाथ" अपीलाथ" अपीलाथ"/Appellant) अपीलाथ" (ू"यथ" ू"यथ" ू"यथ"/Respondent) ू"यथ"

depreciation rates. As per ld. Assessing Officer Memorandum of understanding (MOU) between assessee and the lessors were in :- 4 -: the nature of agreement or arrangement for use of the containarized trucks by the assessee. Further, as per ld. Assessing Officer definition of ‘rent’ was expanded by substituting of the explanation to Sec. 194I of the Act through Taxation Laws (Amendment

BHIMA JEWELLERS,SULTHAN BATHERY, WAYANAD vs. THE PR CIT, KOZHIKKODE, KOZHIKKODE

In the result, appeal of the assessee is dismissed

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No.208/Coch/2018 Assessment Year : 2013-14 M/S. Bhima Jewellers, Vs. The Pr. Commissioner Of Income- 6/785 Ai, Tax, Kozhikode. Mysore Road, Chungum Junction, Sulthan Bathery, Wayanad-673 592. [Pan: Aakfb 9817C] (Assessee-Appellant) (Revenue-Respondent) Revenue By Shri Dhanaraj A. Sr. Dr Assessee By Shri R. Krishnan, Ca Date Of Hearing 05/07/2018 Date Of Pronouncement 20/08/2018

depreciation against income assessed under section 68 was to be set aside.” 6.3 Further, it emerges that in the assessment proceedings, the Assessing Officer has accepted the income returned wherein the assessee has set off business loss with unexplained credit which was treated as its income. Since the assessee had to prove the identity, capacity and creditworthiness of the creditors

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

depreciation at the rates applicable to plant and machinery and case would be covered by the provisions of Section 32 of the Act. It is not even necessary to deal with this aspect in detail with reference to the various judgments, inasmuch as judgment of this Court in Commissioner of Income Tax, Karnataka v. Karnataka Power Corporation

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

depreciation at the rates applicable to plant and machinery and case would be covered by the provisions of Section 32 of the Act. It is not even necessary to deal with this aspect in detail with reference to the various judgments, inasmuch as judgment of this Court in Commissioner of Income Tax, Karnataka v. Karnataka Power Corporation

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

depreciation at the rates applicable to plant and machinery and case would be covered by the provisions of Section 32 of the Act. It is not even necessary to deal with this aspect in detail with reference to the various judgments, inasmuch as judgment of this Court in Commissioner of Income Tax, Karnataka v. Karnataka Power Corporation

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

depreciation at the rates applicable to plant and machinery and case would be covered by the provisions of Section 32 of the Act. It is not even necessary to deal with this aspect in detail with reference to the various judgments, inasmuch as judgment of this Court in Commissioner of Income Tax, Karnataka v. Karnataka Power Corporation