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

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

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

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

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.

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

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.

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

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

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

JUBILEE MISSION HOSPITAL ,KAKKANAD vs. THE DCIT, KOCHI

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned ITA Nos.88 TO 91/Coch/2022 Jubilee Mission Hospital, Thrissur Page 11 of 19 (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year).” 11.1 In our opinion, since there was no material brought on record by to come

JUBILEE MISSION HOSPITAL,THRISSUR vs. THE DCIT, THRISSUR

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned ITA Nos.88 TO 91/Coch/2022 Jubilee Mission Hospital, Thrissur Page 11 of 19 (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year).” 11.1 In our opinion, since there was no material brought on record by to come