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)

25% of depreciation on upfront fees of Rs. 150 crores. Both the parties agreed that the issue is covered in favour of 3 TAG Chemicals (India) Pvt. Ltd. the assessee by this Tribunal, vide its order dated 14.02.2014, for A.Y. 2007-08 in ITA No. 7507/Mum/2011 & 7111/Mum/2011, which decision was followed for A.Y. 2008-09. The Tribunal

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

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

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 32(l)(ii) of the Act, the intangible assets such as knowhow, patents, copyrights, trademarks, licenses, franchises or any other business or commercial right of similar nature are eligible for depreciation at the rate of 25

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 at the rate of 50% on the commercial vehicle acquired by the assessee. Thus, this ground of appeal of the assessee is allowed. 24.6 The next issue is with regard to addition made towards loan received from C.P. Prakash for Rs. 4,50,000/-. The assessee received loan from Shri C.P. Prakash on 02/12/2010 vide Cheque No. 392458 drawn

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

25-6-2012] vii. ITO v. Strides Arcolab Ltd. [2012] 138 (TD 323/24 taxmann.com 89 (Trib.)(Mum.) viii. Yamuna Prasad Peshwa v. Dy. CIT [IT Appeal No. 416 (Trib.) (Jodh.) of 2009, dated 9-12-2011] Cochin International Airport Ltd. ix. Dy. CIT v. Maharashtra Seamless Lad. [2011] 48 SOT 160 (URO)/16 taxmann.com 97 (Trib.) (Delhi) x. Balarampur Chini

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

25-6-2012] vii. ITO v. Strides Arcolab Ltd. [2012] 138 (TD 323/24 taxmann.com 89 (Trib.)(Mum.) viii. Yamuna Prasad Peshwa v. Dy. CIT [IT Appeal No. 416 (Trib.) (Jodh.) of 2009, dated 9-12-2011] Cochin International Airport Ltd. ix. Dy. CIT v. Maharashtra Seamless Lad. [2011] 48 SOT 160 (URO)/16 taxmann.com 97 (Trib.) (Delhi) x. Balarampur Chini

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

25-6-2012] vii. ITO v. Strides Arcolab Ltd. [2012] 138 (TD 323/24 taxmann.com 89 (Trib.)(Mum.) viii. Yamuna Prasad Peshwa v. Dy. CIT [IT Appeal No. 416 (Trib.) (Jodh.) of 2009, dated 9-12-2011] Cochin International Airport Ltd. ix. Dy. CIT v. Maharashtra Seamless Lad. [2011] 48 SOT 160 (URO)/16 taxmann.com 97 (Trib.) (Delhi) x. Balarampur Chini

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

25-6-2012] vii. ITO v. Strides Arcolab Ltd. [2012] 138 (TD 323/24 taxmann.com 89 (Trib.)(Mum.) viii. Yamuna Prasad Peshwa v. Dy. CIT [IT Appeal No. 416 (Trib.) (Jodh.) of 2009, dated 9-12-2011] Cochin International Airport Ltd. ix. Dy. CIT v. Maharashtra Seamless Lad. [2011] 48 SOT 160 (URO)/16 taxmann.com 97 (Trib.) (Delhi) x. Balarampur Chini

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

In the result, appeals of the Revenue in ITA Nos

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

25%. However, the AO took the view that they fall in the category of building and hence he restricted the depreciation to 10%. The Ld CIT(A) allowed the claim of the assessee by following the decision rendered by the tribunal in the following cases:- (a) JCIT Vs. National Airport Authority of India (2008-TIOL-135-ITAT

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

In the result, appeals of the Revenue in ITA Nos

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

25%. However, the AO took the view that they fall in the category of building and hence he restricted the depreciation to 10%. The Ld CIT(A) allowed the claim of the assessee by following the decision rendered by the tribunal in the following cases:- (a) JCIT Vs. National Airport Authority of India (2008-TIOL-135-ITAT

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

In the result, appeals of the Revenue in ITA Nos

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

25%. However, the AO took the view that they fall in the category of building and hence he restricted the depreciation to 10%. The Ld CIT(A) allowed the claim of the assessee by following the decision rendered by the tribunal in the following cases:- (a) JCIT Vs. National Airport Authority of India (2008-TIOL-135-ITAT

P. SURENDRAN,TRIVANDRUM vs. ACIT CIRCLE 1(2), TRIVANDRUM

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

Bench: Shri Sanjay Arora, Am & Ms. Kavitha Rajagopal, Jm P. Surendran Sukanya Bhavan Asst. Cit-1(2) Vadayakkadu, Kunnukuzhy, P.O., Thiruvananthapuram Vs. Thiruvananthapuram-695 035

section 40A(3) of the Income Tax Act applies only to those payments in respect of any expenditure debited to the Profit and Loss account and claimed as a deduction from income. 4. The Commissioner of Income Tax (Appeals) has erred in affirming the disallowance of car depreciation and interest on car loan made by the Assessing Officer on account

MUTHOOT HEALTHCARE P. LTD,KOZHENCHERRY vs. THE ACIT, , THIRUVALLA

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

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

25-2-1985 at Rs. 22,30,795/-. The assessee- company claimed depreciation on the value of Rs. 22,30,795/- as per the revised valuation of the assets. The Assessing Officer came to the conclusion that the main purpose of the dissolution of the firm and transferring the assets and liabilities to the company was only with a view

KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD,TRIVANDRUM vs. THE PCIT , TRIVANDRUM

In the result, appeal filed by the assessee stands allowed

Bench: Shri Inturi Rama Rao, Am & Sonjoy Sarma, Jm Assessment Year:2018-19 Kerala Transport Development Finance .......... Appellant Corporation Limited, Thiruvananthapuram. Pan: Aabck1318F Vs.

depreciation thereon @ 25% U/s. 32 of the Act. The claim was allowed by the AO in the assessment made U/s. 143(3) of the Act. Now the question that comes up for our consideration is whether the “Right to Collect Toll” falls within the definition of “commercial right” or “intangible asset”?. The ITAT (Special Bench), Hyderabad in the case

THE PLANTATION CORPORATION OF KERALA LTD,KOTTAYAM vs. THE ACIT, KOTTAYAM

In the result, the appeals filed by the assessee are dismissed

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

section 10, is not includible in the total income. ITA Nos.1-2/Coch/2020 4 M/s.Plantation Corporation of Kerala Ltd. 1. The finding of the Kerala High Court could be found to be inconsistent with the provision and reality in plantation based on the following arguments” The findings in the judgment are narrated in bold: (a) Rule 7A(2) only provides for deduction

THE PLANTATION CORPORATION OF KERALA LTD,KOTTAYAM vs. THE ACIT, KOTTAYAM

In the result, the appeals filed by the assessee are dismissed

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

section 10, is not includible in the total income. ITA Nos.1-2/Coch/2020 4 M/s.Plantation Corporation of Kerala Ltd. 1. The finding of the Kerala High Court could be found to be inconsistent with the provision and reality in plantation based on the following arguments” The findings in the judgment are narrated in bold: (a) Rule 7A(2) only provides for deduction

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

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, 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