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 32 including building when the rate of depreciation on building is only 10% and not 100%. The equipments like STB can be considered if at all admissible for deprecation, to be @ 15% under the “plant and machinery” and not @ 100%. In this view of the matter, if at all depreciation can be treated as admissible, it shall not exceed

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

38) thereof) section 11 or section 12 apply; or (g) the amount of depreciation. (h) the amount of deferred tax and the provision

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

38) thereof) section 11 or section 12 apply; or (g) the amount of depreciation. (h) the amount of deferred tax and the provision

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

38) thereof) section 11 or section 12 apply; or (g) the amount of depreciation. (h) the amount of deferred tax and the provision

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

38) thereof) section 11 or section 12 apply; or (g) the amount of depreciation. (h) the amount of deferred tax and the provision

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

38,752/- ii. Disallowance of deduction u/s 80G in respect of donations made to eligible entities out of CSR Funds – Rs.49,34,550/- Plant Lipids (P) Ltd., Kolencherry, Kerala Page 3 of 8 3.1 On receipt of Draft Order u/s 144C (l), assessee filed its objections before the Dispute Resolution Panel (in short “DRP”) u/s 144C against the variations proposed

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

THE ITO,COR.WD-1, KOCHI vs. BHAGHEERATHA ENGINEERING LIMITED, COCHIN

In the result, the appeals filed by the Revenue are partly allowed for statistical

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

section 32(1) of the Act which is not correct. 6. The Ld. AR submitted that the machinery and vehicles could not be used temporarily because of the non payment of dues to the financiers. It was submitted that the assessee had no control over these assets. The contention of the Ld. AR was that these assets were ready

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

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

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

section 43(3) where the Legislature has accepted that the entire cost of replanting is fully allowed as a deduction in lieu of depreciation. Replantation Expenses were disallowed only where the Replantation was undertaken in an abandoned area. Kindly refer to 262 ITR 388 which is at running pages 31 to 32 of this argument note. Please see para

THE VELIMALAI RUBBER CO. 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 43(3) where the Legislature has accepted that the entire cost of replanting is fully allowed as a deduction in lieu of depreciation. Replantation Expenses were disallowed only where the Replantation was undertaken in an abandoned area. Kindly refer to 262 ITR 388 which is at running pages 31 to 32 of this argument note. Please see para

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.

depreciation in the subsequent year. ITA Nos.655 to 659/Coch/2019 Page 4 of 10 4.2 Learned Senior Counsel appearing for the assessee refers to and relies on the judgments in Commissioner of Income-tax, Madurai v. T P Textiles (P) Ltd. (2017) 79 taxmann.com 411 (Madras) and Commissioner of Income-tax, Bangalore v. Rittal India (P) Ltd. (2016) 66 taxmann.com

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.

depreciation in the subsequent year. ITA Nos.655 to 659/Coch/2019 Page 4 of 10 4.2 Learned Senior Counsel appearing for the assessee refers to and relies on the judgments in Commissioner of Income-tax, Madurai v. T P Textiles (P) Ltd. (2017) 79 taxmann.com 411 (Madras) and Commissioner of Income-tax, Bangalore v. Rittal India (P) Ltd. (2016) 66 taxmann.com

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.

depreciation in the subsequent year. ITA Nos.655 to 659/Coch/2019 Page 4 of 10 4.2 Learned Senior Counsel appearing for the assessee refers to and relies on the judgments in Commissioner of Income-tax, Madurai v. T P Textiles (P) Ltd. (2017) 79 taxmann.com 411 (Madras) and Commissioner of Income-tax, Bangalore v. Rittal India (P) Ltd. (2016) 66 taxmann.com

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.

depreciation in the subsequent year. ITA Nos.655 to 659/Coch/2019 Page 4 of 10 4.2 Learned Senior Counsel appearing for the assessee refers to and relies on the judgments in Commissioner of Income-tax, Madurai v. T P Textiles (P) Ltd. (2017) 79 taxmann.com 411 (Madras) and Commissioner of Income-tax, Bangalore v. Rittal India (P) Ltd. (2016) 66 taxmann.com

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.

depreciation in the subsequent year. ITA Nos.655 to 659/Coch/2019 Page 4 of 10 4.2 Learned Senior Counsel appearing for the assessee refers to and relies on the judgments in Commissioner of Income-tax, Madurai v. T P Textiles (P) Ltd. (2017) 79 taxmann.com 411 (Madras) and Commissioner of Income-tax, Bangalore v. Rittal India (P) Ltd. (2016) 66 taxmann.com

THE ITO,, ALAPPUZHA vs. M/S.EXTRAWEAVE P. LTD, ALAPPUZHA

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

Bench: Shri George George K. & Shri Laxmi Prasad Sahum/S. Extraweave Pvt. Ltd. Arattukulangara Complex 264B/Cmc 1 Vs. A.N. Puram, Alapuzha 688011 Sakteeswara Junction Cherthala 688524 Pan – Aabce5438L Appellant Respondent

Depreciation 3,36,17,037 2,98,15,179 38,01,858 Business loss 40,37,633 10,08,807 30,28,826 Total 3,76,54,670 3,08,23,986 68,30,684 9 M/s. Extraweave Pvt. Ltd. In this regard the assessee submitted that the profit from the exempted unit is to be calculated on standalone basis

M/S.WARRIERS HOSPITAL & PANCHAKARMA CENTRE,KAYAMKULAM vs. THE DCIT, CIRCLE-1, ALAPPUZHA

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

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

depreciation on furniture, fittings, plant and machinery etc. in terms of section 57(iii) of the I.T. Act which reads as under: “Section 57(iii) In the case of income of the nature referred to in clauses (ii) and (iii) of sub-section (2) of section 56, deductions, so far as may be, in accordance with the provisions

M/S.WARRIERS HOSPITAL & PANCHAKARMA CENTRE,KOLLAM vs. THE DCIT, , ALAPPUZHA

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

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

depreciation on furniture, fittings, plant and machinery etc. in terms of section 57(iii) of the I.T. Act which reads as under: “Section 57(iii) In the case of income of the nature referred to in clauses (ii) and (iii) of sub-section (2) of section 56, deductions, so far as may be, in accordance with the provisions