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

section 40(a)(ia) of the I.T.Act, as it was considered retrospective effect by the Hon’ble Supreme Court in the case of Calcutta Export Company (supra). Accordingly, this issue is remitted to the file of A.O. for fresh consideration. 14. As regards ground No.6 and its sub-grounds, the grievance of the assessee is that the Transfer Pricing Officer

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

section 40(a)(ia) of the I.T.Act, as it was considered retrospective effect by the Hon’ble Supreme Court in the case of Calcutta Export Company (supra). Accordingly, this issue is remitted to the file of A.O. for fresh consideration. 14. As regards ground No.6 and its sub-grounds, the grievance of the assessee is that the Transfer Pricing Officer

THE KERALA MINERALS AND METALS LIMITED,KOLLAM vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, KOLLAM

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

Bench: Shri George George K., Vp & Shri Inturi Rama Rao, Am Assessment Year: 2007-08 The Kerala Minerals & Metals Ltd. .......... Appellant Sankaramangalam, Chavara, Kollam 691583 [Pan: Aaact8118R] Vs. Asst. Commissioner Of Income Tax .......... Respondent Circle - 1, Kollam Appellant By: Shri Rajeev R., Ca Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 13.05.2025 Date Of Pronouncement: 16.05.2025

depreciation. If the expenditure is treated as 7 The Kerala Minerals and Metals Ltd. revenue expenditure, it is either taken as an expenditure under Section 37(1) for computing income chargeable under the head "Profits and gains of business or profession" or treated as "current repairs" entitled to deduction under Section 31

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

depreciation; the question is whether the claim of the assessee conforms the deduction permissible under Section 37(1) of the Act. In the facts and circumstances of this case, we are of the view that the preoperative expenses amounting to Rs.26,97,79,538/- incurred by the assessee are revenue expenses, and are correctly so held by the Tribunal

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

31, provides deduction on repairs and insurance of plant, machinery and furniture • Section 32 provides for depreciation on tangible assets like building, machinery, plant, furniture and also on intangible assets like know-how, patents, trademarks, licenses. • Section 33 allows development rebate on machinery, plants and ships. • Section 34 states conditions for depreciation and development rebate. • Section 35 grants deduction

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.

section 36(1)(va) i.e. on or before the due date under the relevant employee welfare legislation like PF Act, ESI Act etc., for the same to be otherwise allowable u/s.43B. We therefore see no reason to interfere with the order of the CIT(Appeals). The grounds taken by the assessee on this issue is dismissed. 29. With regard

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.

section 36(1)(va) i.e. on or before the due date under the relevant employee welfare legislation like PF Act, ESI Act etc., for the same to be otherwise allowable u/s.43B. We therefore see no reason to interfere with the order of the CIT(Appeals). The grounds taken by the assessee on this issue is dismissed. 29. With regard

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.

section 36(1)(va) i.e. on or before the due date under the relevant employee welfare legislation like PF Act, ESI Act etc., for the same to be otherwise allowable u/s.43B. We therefore see no reason to interfere with the order of the CIT(Appeals). The grounds taken by the assessee on this issue is dismissed. 29. With regard

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

1 & 2 raised by the assessee is with regard to restriction of depreciation in the written down value of the assets taken over by the assessee. 3. The facts of the case are that the assessee company was incorporated on 31/05/2013 pursuant to conversion of partnership firm M/s. Muthoot Health Care I.T.A. No.413/Coch/2018 as per Part IX of the Companies

M/S.KERALA STATE INDUSTRIAL DEV CORPN LTD,TRIVANDRUM vs. THE ACIT, TRIVANDRUM

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

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

depreciation of securities was held as stock-in-trade. He also stated that the same was claimed in accordance with AS 13 concerning accounting of investments. 4. The Assessing Officer opined that advance share investment/ share application money cannot assume the character of stock-in-trade. The assessee countered the views of Assessing Officer by stating that irrespective

THE ACIT, ERNAKULAM 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 did not provide for any connection between the new machines for which additional depreciation was claimed and the goods manufactured. It held that the taxpayer was entitled to the additional depreciation and allowed the claim of the taxpayer". Thus, it was submitted that in view of the decision of Madras High Court in the case

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 did not provide for any connection between the new machines for which additional depreciation was claimed and the goods manufactured. It held that the taxpayer was entitled to the additional depreciation and allowed the claim of the taxpayer". Thus, it was submitted that in view of the decision of Madras High Court in the case

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

31) of section 10, is not includible in the total income. 8.5 The Ld. AR submitted that the above Rule covers incomes which are derived from the sale of certain items which are obtained from rubber plants grown. It was submitted that the above rule does not cover incomes which have been derived from the sale of the rubber plants/trees

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

31) of section 10, is not includible in the total income. 8.5 The Ld. AR submitted that the above Rule covers incomes which are derived from the sale of certain items which are obtained from rubber plants grown. It was submitted that the above rule does not cover incomes which have been derived from the sale of the rubber plants/trees

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

31) of section 10, is not includible in the total income. 8.5 The Ld. AR submitted that the above Rule covers incomes which are derived from the sale of certain items which are obtained from rubber plants grown. It was submitted that the above rule does not cover incomes which have been derived from the sale of the rubber plants/trees

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

31) of section 10, is not includible in the total income. 8.5 The Ld. AR submitted that the above Rule covers incomes which are derived from the sale of certain items which are obtained from rubber plants grown. It was submitted that the above rule does not cover incomes which have been derived from the sale of the rubber plants/trees

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

31,953/-. Scrutiny assessment for the Assessment Year 2013-14 was completed under Section 143(3) of the Income Tax Act, 1961 on 10.02.2016 accepting the loss returned. 2 I.T.A. No.216/C/2018 3.1 From perusal of records by CIT, it was noticed that the Assessment Order under Section 143(3) of the Act dated 10.02.2016 passed by the Assessing Officer

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

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

31,20,748/- 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

M/S INDITRADE CAPITAL LTD (PREVIOUSLY KNOWN AS "JRG SECURITIES LTD"),KOCHI vs. THE ITO, CORPORATE WARD1(1),, KOCHI

In the result, the appeal filed by the assessee stands allowed

Bench: Shri Inturi Rama Rao & Shri Sandeep Singh Karhail

section 32(1)(ii) of the Act. Accordingly, the appellant made a claim for allowance of depreciation at the rate of 25% of the sum paid, placing reliance on the following decisions :- (i) Pentasoft Technologies Ltd. v. DDCIT, Tax case (Appeals) No.1195 by Hon’ble Madras High Court. (ii) Ind Global Corporate Fiannce (P) Ltd. v. ITO (2013) 33 taxmann.com