DCIT, ALAPPUZHA vs. M/S ACEELERATED FREEZE DRYING CO, LTD, ALAPPUZHA

In the result, the appeal of the Revenue is allowed and the appeal of the

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

depreciable assets. On the other hand under Section 50B the asset has to be first classified between long term or short term capital asset and then for the purpose of Sections 48 and 49 net worth has to be computed in terms of explanation 1 of the said Section. The capital gain under Section 50B is the sale proceeds

ACEELERATED FREEZE DRYING CO.LTD,ALAPPUZHA vs. DCIT, ALAPPUZHA

In the result, the appeal of the Revenue is allowed and the appeal of the

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

depreciable assets. On the other hand under Section 50B the asset has to be first classified between long term or short term capital asset and then for the purpose of Sections 48 and 49 net worth has to be computed in terms of explanation 1 of the said Section. The capital gain under Section 50B is the sale proceeds

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

254 ITR 377) (Delhi) 2) CIT vs. M/s. Walchand& Co. (Pvt.) Ltd. (65 ITR 381 (SC) 3) CIT vs. M/s. Edward Keventer (Private) Ltd. (115 ITR 149) (SC) 5.3 The Ld. AR submitted that disallowance computed u/s. 14A should not exceed the exempt income earned during the year under consideration. In this context, the Ld. AR relied on the following

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

254 ITR 377) (Delhi) 2) CIT vs. M/s. Walchand& Co. (Pvt.) Ltd. (65 ITR 381 (SC) 3) CIT vs. M/s. Edward Keventer (Private) Ltd. (115 ITR 149) (SC) 5.3 The Ld. AR submitted that disallowance computed u/s. 14A should not exceed the exempt income earned during the year under consideration. In this context, the Ld. AR relied on the following

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

254 ITR 377) (Delhi) 2) CIT vs. M/s. Walchand& Co. (Pvt.) Ltd. (65 ITR 381 (SC) 3) CIT vs. M/s. Edward Keventer (Private) Ltd. (115 ITR 149) (SC) 5.3 The Ld. AR submitted that disallowance computed u/s. 14A should not exceed the exempt income earned during the year under consideration. In this context, the Ld. AR relied on the following

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

254 ITR 377) (Delhi) 2) CIT vs. M/s. Walchand& Co. (Pvt.) Ltd. (65 ITR 381 (SC) 3) CIT vs. M/s. Edward Keventer (Private) Ltd. (115 ITR 149) (SC) 5.3 The Ld. AR submitted that disallowance computed u/s. 14A should not exceed the exempt income earned during the year under consideration. In this context, the Ld. AR relied on the following

M/S.COOL MINDS TECHNOLOGIES P. LTD,COCHIN vs. THE ACIT, COCHIN

The appeals are dismissed

Bench: CIT(A) the it was claimed by the Assessee that deduction under Section 10B of the Act was initially claimed by the Assessee under the bona fide belief that it is entitled to deduction under Section 10B of the Act. The CITT(A) dismissed the appeal of the Assessee agreeing with the Assessing Officer and holding that the Assessing Officer was justified in not considering the claim made by the Assessee under Section 10A of the Act. Now the Assessee is in

3 Assessment Year 2007-2008 4.1 Similar issue came before the Hyderbad Bench of this Tribunal in ITA No. 1811/Hyd/2011 in the case of M/s SP Software P Lt vs ITO where the Accountant Member, who was one of the parties in deciding the appeal. The Tribunal vide order dated 3rd Aug 2012 in the above case has held

THE ACIT,CIR-1(1),, TRIVANDRUM vs. M/S.US TECHNOLOGY INTERNATIONAL P. LTD, TRIVANDRUM

In the result, both appeal of the Revenue and the Cross Objection of the

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

depreciation for each of the relevant I.T(TP).A. No. 514Coch/2019 & C.O. No.47/Coch/2019 assessment year Sub-section 7 Transfer of goods and services must be at fair Not applicable market value of goods in case of availing deduction under section 10a of the Act Sub-section 7A Tax holiday benefits in case of transfer of Not applicable undertaking pursuant

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

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

depreciation under section 32 of the Income-tax Act, 1961( 43 of 1961). (5) (a) The CENVAT credit shall be allowed even if any inputs or capital goods as such or after being partially processed are sent to a job worker for further processing, testing, repair, re-conditioning, or for the manufacture of intermediate goods necessary for the manufacture

THARIF BUILDERS P. LTD,KOZHIKKODE vs. THEACIT, KOZHIKKODE

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

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

254 only to decide the grounds which arise from the order of the CIT (A). Both the assessee as well as the Department have a right to file an appeal/cross-objections before the Tribunal. The Tribunal should not be prevented from considering questions of law arising in assessment proceedings, although not raised earlier. The view that the Tribunal is confined only

THARIF BUILDERS P. LTD,KOZHIKKODE vs. THEACIT, KOZHIKKODE

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

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

254 only to decide the grounds which arise from the order of the CIT (A). Both the assessee as well as the Department have a right to file an appeal/cross-objections before the Tribunal. The Tribunal should not be prevented from considering questions of law arising in assessment proceedings, although not raised earlier. The view that the Tribunal is confined only

THARIF BUILDERS P. LTD,KOZHIKKODE vs. THEACIT, KOZHIKKODE

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

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

254 only to decide the grounds which arise from the order of the CIT (A). Both the assessee as well as the Department have a right to file an appeal/cross-objections before the Tribunal. The Tribunal should not be prevented from considering questions of law arising in assessment proceedings, although not raised earlier. The view that the Tribunal is confined only

AMALGAM FOODS LIMITED,KOCHI vs. THE DCIT, CIRCLE-1, ALAPPUZHA, ALAPPUZHA

In the result, the assessee’s appeal is partly allowed

Bench: Shri Sanjay Arora, Am & Ms. Kavitha Rajagopal, Jm Amalgam Foods Limited Dy. Cit, Circle-1, Alappuzha Amalgam House, Bristow Road, Vs. Willingdon Island, Kochi-682 002 [Pan:Aabca 8283D] (Assessee) : (Respondent) Assessee By : None Respondent By : Smt. J. M. Jamuna Devi Date Of Hearing : 14.02.2024 : 14.05.2024 Date Of Pronouncement O R D E R Per Bench: This Is An Appeal By The Assessee, Directed Against The Order Dated 28.03.2022 By The Commissioner Of Income-Tax (Appeals), Income Tax Department [Cit(A)], Dismissing The Assessee’S Appeal Contesting It’S Assessment Under Section 143(3) Read With Section 254 Of The Income-Tax Act, 1961 (The Act) Dated 26.12.2019, For Assessment Year (Ay) 2001-2002. 2. None Appeared For & On Behalf Of The Assessee-Appellant When The Appeal Was Called Out For Hearing. Taking Note Of The Request Dated 05.02.2024 By Sri R. Srinivasan, Ca, The Learned Counsel For The Assessee, That His Personal Appearance May Be Dispensed With & The Matter Decided After Considering Written Submissions, Enclosed Along With, The Hearing In The Matter Was Proceeded With.

254 of the Income-tax Act, 1961 (the Act) dated 26.12.2019, for assessment year (AY) 2001-2002. 2. None appeared for and on behalf of the assessee-appellant when the appeal was called out for hearing. Taking note of the request dated 05.02.2024 by Sri R. Srinivasan, CA, the learned Counsel for the assessee, that his personal appearance

THE ITO, WARD-1, PALAKKAD, PALAKKAD vs. M/S. SNOFIELD FOODS PRIVATE LIMITED, PALAKKAD

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

Bench: Shri George George K. & Ms. Padmavathy S.The Income Tax Officer -1 Vs M/S. Snofield Foods Pvt. Ltd. Aayakar Bhavan Door No. V/623B, Marutharode English Church Road Village, Kuppayode Road Palakkad 678014 Marutharode, Palakkad 678007 Pan – Aafcs3164B (Appellant) (Respondent) Assessee By: Shri P.M. Veermani, Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. Dr Date Of Hearing: 28.02.2023 Date Of Pronouncement: 03.03.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Revenue Is Directed Against The Order Of The Cit(A)/Nfac, Delhi Dated 02.06.2022. The Relevant Assessment Year Is 2006-07. 2. Revenue Has Raised The Following Grounds Of Appeal: - “1) The Learned Commissioner Of Income Tax(Appeals) Erred In Deleting The Addition Made By Assessing Officer U/S 41(1), Has Not Gone Into The Merits Of The Issue Simply Relying On The Fact That The Similar Issue Is Already Decided In Favour Of The Assessee In The Case Of Sister Concerns. 2) The Learned Commissioner Of Income Tax (Appeals) Has Not Taken Into Consideration That The Assessee Should Have Credited Percentage Of Deduction Of The Freezer Deposit Every

Section 143(3) r.w.s. 254 o the Act (order dated 30.03.2014). 5. Aggrieved by the order of the AO, assessee filed appeal before the first appellate authority. The CIT(A) allowed the appeal of the assessee. The CIT(A) has placed reliance on various orders of the ITAT which are detailed in the impugned order. The relevant finding

THE JT CIT, TRIVANDRUM vs. ALLIANZ CORNHILL INFORMATION SERVICES P. LTD, TRIVANDRUM

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

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Assessment Year : 2010-11

254 and as interpreted by the Apex Court in National Thermal Power Co. Ltd.'s case (supra), we do not see any reason to think that the Tribunal has committed an illegality by directing the Assessing Officer to decide the matter afresh duly adverting to the claim of the assessee for the benefit of Section 10A. 7. Though the learned

M/S.ALLIANZ CORNHILL INFORMATION SERVICES P. LTD,TRIVANDRUM vs. JTCIT, TRIVANDRUM

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

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Assessment Year : 2010-11

254 and as interpreted by the Apex Court in National Thermal Power Co. Ltd.'s case (supra), we do not see any reason to think that the Tribunal has committed an illegality by directing the Assessing Officer to decide the matter afresh duly adverting to the claim of the assessee for the benefit of Section 10A. 7. Though the learned

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 will not apply to payment of loans or payment towards the purchase price of capital assets such as plant and machinery not for resale. 17. It is observed from the above said clarification of the CBDT that if the expenditure pertains to the purchase price of capital assets, such as plant and machineries which are not used for resale

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

254 of the I.T. Act, 143(3) of the I.T. Act and 143(3) r.w.s. 263 of the I.T. Act respectively are directed against the different orders of the CIT(A)-II, Kochi and pertain to the assessment years 2005-06, 2006-07, 2007-08, 2008-09, 2009-10 and 2010-11. The appeals filed by the assessee

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

254 of the I.T. Act, 143(3) of the I.T. Act and 143(3) r.w.s. 263 of the I.T. Act respectively are directed against the different orders of the CIT(A)-II, Kochi and pertain to the assessment years 2005-06, 2006-07, 2007-08, 2008-09, 2009-10 and 2010-11. The appeals filed by the assessee