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

section 2 of the Aircraft Act, 1934". Thus, the operations and maintenance of the airport mainly consist of are: a. Ensuring safe landing / taking off of aircrafts in/from the airport. b. Providing passenger facilities within the airport as required and expected at an international airport. 10.3 Being so, the income related to above two activities, i.e., (a) and (b) only

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

section 2 of the Aircraft Act, 1934". Thus, the operations and maintenance of the airport mainly consist of are: a. Ensuring safe landing / taking off of aircrafts in/from the airport. b. Providing passenger facilities within the airport as required and expected at an international airport. 10.3 Being so, the income related to above two activities, i.e., (a) and (b) only

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

section 2 of the Aircraft Act, 1934". Thus, the operations and maintenance of the airport mainly consist of are: a. Ensuring safe landing / taking off of aircrafts in/from the airport. b. Providing passenger facilities within the airport as required and expected at an international airport. 10.3 Being so, the income related to above two activities, i.e., (a) and (b) only

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

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.

4) or under section 142(1) or section 148 can also be accepted and acted upon provided further proceedings in relation to such assessments are pending in the statutory hierarchy of adjudication in terms of the provisions of the IT Act. In all such situations, it cannot be treated that a return filed at any stage of such proceedings could

BHIMA JEWELLERS,SULTHAN BATHERY, WAYANAD vs. THE PR CIT, KOZHIKKODE, KOZHIKKODE

In the result, appeal of the assessee is dismissed

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No.208/Coch/2018 Assessment Year : 2013-14 M/S. Bhima Jewellers, Vs. The Pr. Commissioner Of Income- 6/785 Ai, Tax, Kozhikode. Mysore Road, Chungum Junction, Sulthan Bathery, Wayanad-673 592. [Pan: Aakfb 9817C] (Assessee-Appellant) (Revenue-Respondent) Revenue By Shri Dhanaraj A. Sr. Dr Assessee By Shri R. Krishnan, Ca Date Of Hearing 05/07/2018 Date Of Pronouncement 20/08/2018

section 14 and such incomes are not eligible for set off of brought forward business loss and unabsorbed depreciation. On the basis of this judgment unexplained cash credit of Rs.186,00,000/- is not eligible for set off of business loss of Rs.1,76,24,221/-. 3. On appeal, the CIT(A) observed that the Assessing Officer has not applied

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 32 provides additional depreciation only in the year in which the asset was put to use. 3. Deleting the disallowance made on account of claim of additional depreciation on the cost of acquisition of the effluent treatment plant. The AO has rightly disallowed this claim since the assessee has not claimed it in the return of income. 4

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 32 provides additional depreciation only in the year in which the asset was put to use. 3. Deleting the disallowance made on account of claim of additional depreciation on the cost of acquisition of the effluent treatment plant. The AO has rightly disallowed this claim since the assessee has not claimed it in the return of income. 4

ERNAKULAM REGIONAL COOPERATIVE MILK PRODUCERS UNIONS LTD.,KOCHI vs. ACIT, CIRCLE 1(1), KOCHI, KOCHI

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

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S.Assessment Year : 2012-13

depreciation claimed on the ground that section 32(1)(iia) does not Page 4 of 9 provide any scope for carry

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

4. It is not in dispute that if these ponds are 'plants', then they are eligible for depreciation at the rates applicable to plant and machinery and case would be covered by the provisions of Section

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

4. It is not in dispute that if these ponds are 'plants', then they are eligible for depreciation at the rates applicable to plant and machinery and case would be covered by the provisions of Section

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

4. It is not in dispute that if these ponds are 'plants', then they are eligible for depreciation at the rates applicable to plant and machinery and case would be covered by the provisions of Section

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

4. It is not in dispute that if these ponds are 'plants', then they are eligible for depreciation at the rates applicable to plant and machinery and case would be covered by the provisions of Section

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 and unabsorbed investment allowance for limited period in case of certain domestic companies. Section 35 deals with expenditure on scientific research, section 35A deals with expenditure on acquisition of patent right or copy right. Section 35AB deals with expenditure on know-how. Section 35ABB deals with expenditure for obtaining licence to operate telecommunication services. Section 35AC deals with expenditure

CHERIAN VARKEY CONSTRUCTION CO.(P) LTD,COCHIN vs. THE ACIT, COCHIN

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

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am

4. The learned Departmental Representative supported the findings of the AO and the CIT(A). 3 ITA No.25/Coch/2014. M/s.Cherian Varkey Construction Co.P.Ltd. 5. We have heard rival submissions and perused the material on record. The assessee had purchased the following assets:- Sl. Particulars of assets Value Depreciation Additional No. on which depreciation depreciation is claimed 1. Transit Mixers

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

depreciation on the assets taken over from the partnership-firm at the revalued figure. In other words, the question is answered in the negative, that is to say, in favour of the revenue and against the assessee. On the additional question referred to us in IT Reference Nos. 112 and 113 of 1996, we answer that Explanation 3 to section

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

4 The profits eligible for section 10A of the Act, Yes shall be the amount which bears to the profits of the business of the undertaking, the same proportion as the export turnover in respect of such computer software bears to the total turnover of the business carried on by the undertaking. Sub-section 5 For availing benefit under section

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

depreciation at 15% is excluded. 4) In view of principles of accounting, taxation and natural justice vide section 14A of the Income