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

Section 32(l)(iia) vests with the assessee the right to claim additional depreciation at the rate of 20% of the actual

DIADORA SHOES PVT LTD,CALICUT vs. ACIT CIRCLE 2(1), CALICUT

In the result, the assessee’s appeal is allowed

Bench: Shri Sanjay Arora, Am & Shri Anil Kumar Dugar, Jm

section 32(1)(iia) of the Act on the basis of following observation:- “2. During the year assessee had made addition of Rs.43181/- for plant and machinery and Rs.12,82,865/- in respect of mould and dyes, both these eligible for additional depreciation of 20

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

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

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

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

depreciation and development rebate. • Section 35 grants deduction on expenditure for scientific research and knowledge extension in natural and applied sciences under agriculture, animal husbandry and fisheries. Payment to approved universities/research institutions or company also qualifies for deduction. In-house R&D is eligible for deduction, under this section. • Section 35CCD provides deduction for skill development projects, which constitute

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

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

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 14A of the Income Tax Act, revenue and expense shall follow matching concept, the claim of assessee of depreciation at such higher rates is proper. 5) Alternatively, cost of digital set top boxes shall be allowed in full as revenue expenditure. 6) It is not true that needed documents/details were not furnished to the Assessing Officer. All needed

THE ACIT, KOCHI vs. M/S.KUNNEL ENGINEERS & CONTRACTORS P. LTD, KOCHI

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

20,748/- and for the year ended 31.3.2012 Rs.3,52,69,453/-. The Assessing Officer noticed that these amounts have not been paid before respective due dales of filing of return for A.Y- 2011-12 and A.Y. 2012- 13 as required by section 43B of the Income Tax Act. It was clarified that the assessee was not routing the service

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

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.

20. Depreciation statement as filed before the Assessing Officer contained 8 items in respect of which 33.33 per cent was claimed, and in respect of other 12 items 50 per cent was claimed. Details of the plant and machinery, WDV, additions during the year, depreciation claimed and WDV, on the close of the assessment ITA Nos.32 to 34/Coch/2022 Page