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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

200 Taxman 39 (Mag)/11 taxmann.com 356 (Delhi) vi. K. Industries Ltd. v. CIT [2011] 11 taxmann.com 72 (Cal.) (vi); vii. CIT vs. Indian Sugar Exim Corpn. Ltd. [2012] 206 Taxman 242/19 taxmann.com 158 (Delhi). In the light of the aforesaid legal position the Appellant can well argue that since it had sufficient owned and interest- free funds to make

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

200 Taxman 39 (Mag)/11 taxmann.com 356 (Delhi) vi. K. Industries Ltd. v. CIT [2011] 11 taxmann.com 72 (Cal.) (vi); vii. CIT vs. Indian Sugar Exim Corpn. Ltd. [2012] 206 Taxman 242/19 taxmann.com 158 (Delhi). In the light of the aforesaid legal position the Appellant can well argue that since it had sufficient owned and interest- free funds to make

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

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

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

Depreciation 235285 8 Reserve for deposit 200 list difference 9 Provision for leave 44108 salary 10 Reserve for 574 furniture list difference 11 Provision for 213545 gratuity Total 11243799 Total 11356603 Profit of current 107804 Loss for current - year year Grand total 11356603 Grand total 11356603 Net profit 107804 Profit of current 107804 year Total 107804 Total 107804 He further

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

section 32 of the Act. Balance additional depreciation cannot be allowed in subsequent AY, i.e. the year under consideration – Rs. 36,21,58,356/- iii. Disallowance of pre-operative expenditure details of which were extracted by the AO vide para 9 of the draft assessment order. These pre-operative expenditure was incurred for the purpose of setting

ASPINWALL & COMPANY LTD,COCHIN vs. THE ACIT, COCHIN

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

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

200/-, provision for lease rent of Rs.61,00,000/- and provision for bad debts of Rs.36,55,248/- for the purposes of arriving at the book profits u/s. 115JB of the Act. 9.4 Against this, the assessee is in appeal before us. The Ld. AR submitted that the loss so incurred on capital reduction is a capital loss which cannot

ASPINWALL & COMPANY LTD,COCHIN vs. THE ACIT, COCHIN

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

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

200/-, provision for lease rent of Rs.61,00,000/- and provision for bad debts of Rs.36,55,248/- for the purposes of arriving at the book profits u/s. 115JB of the Act. 9.4 Against this, the assessee is in appeal before us. The Ld. AR submitted that the loss so incurred on capital reduction is a capital loss which cannot

THE DCIT, COCHIN vs. M/S.ASPINWALL & CO. LTD, COCHIN

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

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

200/-, provision for lease rent of Rs.61,00,000/- and provision for bad debts of Rs.36,55,248/- for the purposes of arriving at the book profits u/s. 115JB of the Act. 9.4 Against this, the assessee is in appeal before us. The Ld. AR submitted that the loss so incurred on capital reduction is a capital loss which cannot

M/S ASPINWALL & CO.,LTD,COCHIN vs. THE ACIT, COCHIN

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

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

200/-, provision for lease rent of Rs.61,00,000/- and provision for bad debts of Rs.36,55,248/- for the purposes of arriving at the book profits u/s. 115JB of the Act. 9.4 Against this, the assessee is in appeal before us. The Ld. AR submitted that the loss so incurred on capital reduction is a capital loss which cannot

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE ACIT, TRIVANDRUM

In the result, the appeal for assessment year 2011-2012

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

200 (1) of IT Act was only on 7th of April in the next year. The assessee in such case, thus, had a period of only seven days to pay the tax deducted at source from the expenditure incurred in the month of March so as to avoid disallowance of the said expenditure under Section

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE DCIT, TRIVANDRUM

In the result, the appeal for assessment year 2011-2012

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

200 (1) of IT Act was only on 7th of April in the next year. The assessee in such case, thus, had a period of only seven days to pay the tax deducted at source from the expenditure incurred in the month of March so as to avoid disallowance of the said expenditure under Section

M/S.KADUNA HOSPITALITY P. LTD,COCHIN vs. THE ITO, COCHIN

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

Bench: Shri P. K. Bansal & Shri George George K.Assessment Year: 2013-14

depreciation of earlier years under section 32(2), amounting to Rs.5,67,2047-, against the short term capital gain for AY 2013-14;. The appellant craves, to consider each of the above grounds of appeal without prejudice to each other and craves to leave or add, alter, delete or modify all or any of the above grounds of appeal

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

200. The assessment was completed under 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

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)

200 shares, the name of wife and father of the assessee would also not be hit by the provisions of section 56(2)(viii)(c) as both of them would be covered by the definition of relative covered in the exemption of relative, and therefore, the provisions of section 56 would not be applicable at all. The findings recorded about

ESATTO BUILDERS P. LTD,KOZHIKKODE vs. THE ACIT, KOZHIKKODE

In the result, the assessee’s appeal is disposed on the foregoing terms, and it’s stay petition dismissed as unfructuous

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal & Sa No. 120/Coch/2023 (Assessment Year: 2012-13) Esatto Builders Pvt. Ltd. Asst. Cit, Circle - 2(1) 29/229 A5, 229 A6, Jp Complex Kozhikode 673001 Near Civil Station, Quilandy Vs. Kozhikode 673305 [Pan: Aacce2371D] (Appellant) (Respondent)

depreciation" amounting to Rs. 1,79,338/-, "unexplained credits" amounting to Rs.36,06,592/-, "Long term borrowings amounting to Rs. 13,78,662/-, "Claim of non- existent loans amounting to Rs.51,16,310/-, "inflated liabilities claimed" amounting to Rs. 75,64,200/-, "interest disallowance" amounting to Rs.4,33,088/-, "disallowance" amounting to Rs. 64,210/- and "disallowed

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Das

200 days a year. As explained, it has 5 workers, i.e., 2 excavators with a helper each, and one clerk. That it has been able to, despite ITANos. 623 to 627 & 937/Coch/2022 Sulaikha Clay Mines vs. Asst. CIT appreciable increase in turnover over the years, manage it’s operations with the same labour strength, shows the same as not labour

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Das

200 days a year. As explained, it has 5 workers, i.e., 2 excavators with a helper each, and one clerk. That it has been able to, despite ITANos. 623 to 627 & 937/Coch/2022 Sulaikha Clay Mines vs. Asst. CIT appreciable increase in turnover over the years, manage it’s operations with the same labour strength, shows the same as not labour

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Das

200 days a year. As explained, it has 5 workers, i.e., 2 excavators with a helper each, and one clerk. That it has been able to, despite ITANos. 623 to 627 & 937/Coch/2022 Sulaikha Clay Mines vs. Asst. CIT appreciable increase in turnover over the years, manage it’s operations with the same labour strength, shows the same as not labour

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Das

200 days a year. As explained, it has 5 workers, i.e., 2 excavators with a helper each, and one clerk. That it has been able to, despite ITANos. 623 to 627 & 937/Coch/2022 Sulaikha Clay Mines vs. Asst. CIT appreciable increase in turnover over the years, manage it’s operations with the same labour strength, shows the same as not labour