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21 results for “depreciation”+ Section 40A(3)clear

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Key Topics

Section 40A(3)25Section 143(3)19Disallowance17Addition to Income10Depreciation8Section 1547Deduction7Section 326Section 40A(2)(b)6Section 40

THE ACIT, ERNAKULAM vs. M/S.NITTA GELATINE INDIA LTD, COCHIN

In the result, the appeal of the Revenue in ITA No

ITA 301/COCH/2017[2009-10]Status: DisposedITAT Cochin29 Aug 2019AY 2009-10

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

Section 143(3)Section 253(1)Section 32Section 40A(3)

depreciation in the immediate next year. Thus, this ground of appeal of the Revenue is dismissed. 9. The next ground, Ground No. 3 in ITA No. 301/Coch/2017 is with regard to the disallowance of Cash Payments made to suppliers of Animal crushed bones u/s. 40A(3) of the Act. 10. The facts of the case are that

THE ACIT, COCHIN vs. M/S.NITTA GELATINE INDIA LTD, COCHIN

In the result, the appeal of the Revenue in ITA No

Showing 1–20 of 21 · Page 1 of 2

6
Reassessment6
Section 80G5
ITA 303/COCH/2017[2010-11]Status: DisposedITAT Cochin23 Aug 2019AY 2010-11

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

Section 143(3)Section 253(1)Section 32Section 40A(3)

depreciation in the immediate next year. Thus, this ground of appeal of the Revenue is dismissed. 9. The next ground, Ground No. 3 in ITA No. 301/Coch/2017 is with regard to the disallowance of Cash Payments made to suppliers of Animal crushed bones u/s. 40A(3) of the Act. 10. The facts of the case are that

SRI.VINU SELVARAJ M/S. RADHAS TEXTILES,KOLLAM vs. THE ITO, WD-4, KOLLAM

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

ITA 611/COCH/2019[2011-12]Status: DisposedITAT Cochin27 Jan 2020AY 2011-12

Bench: Shri George George K.

Section 143(3)Section 244ASection 40ASection 40A(2)Section 40A(3)Section 6D

Depreciation on building 43,982 5. Adhoc disallowance 1,50,000 Possible inflation 6. Interest u/s. 244A 1,330 Not disclosed 3. Aggrieved by the assessment order, the assessee preferred the appeal before the first appellate authority. The CIT(A) partly allowed the appeal of the assessee by deleting the adhoc disallowance of Rs.1,50,000/-. 4. Aggrieved

JULIUS RUBEN,KOCHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(1), KOCHI

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

ITA 219/COCH/2025[2015-16]Status: DisposedITAT Cochin16 May 2025AY 2015-16

Bench: Shri George George K, Vice- & Shri Inturi Rama Rao

For Appellant: Sri.A.Gopalakrishnan, CAFor Respondent: Smt.Leena Lal, Senior AR
Section 139(4)Section 143(3)Section 154Section 250Section 40A(3)

depreciation under section 32 and capital expenditure under section 35AD on cash payment 7 ITA No.219/Coch/2025. Sri.Julius Ruben. Under the existing provisions of the Act, revenue expenditure incurred in cash exceeding certain monetary threshold is not allowable as per sub-section (3) of section 40A

VICT PLY INDUSTRIES,KANNUR vs. ITO, WARD 4, KNNUR

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

ITA 399/COCH/2025[2015-16]Status: DisposedITAT Cochin31 Jul 2025AY 2015-16

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2015-16 Victply Industries .......... Appellant Ap Vii/585B, Industrial Development Park Andoor, Parassinikkadavu, Kannur, Kerala [Pan: Aagfv 5189 D] Vs. Ito, Ward-4, Kannur .......... Respondent

For Appellant: Shri Arun Raj S, AdvocateFor Respondent: Smt. Leena Lal, Sr. DR
Section 143(3)Section 40A(3)

depreciation loss of Rs. 1,25,649/-. Against the said return of 2 Victply Industries income, the assessment was completed by the ITO, Ward-4, Kannur (for short, 'AO') vide order dated 17/11/2017 passed u/s. 143(3) of the Income Tax Act, 1961 (for short, 'the Act') at a total income of Rs. 14,32,070/-. While doing

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

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

ITA 978/COCH/2022[2014-15]Status: DisposedITAT Cochin14 May 2024AY 2014-15

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

For Respondent: Smt. J M Jamuna Devi
Section 133ASection 143(2)Section 143(3)Section 250Section 36(1)(va)Section 40A(3)Section 40a

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

SMT.K.B.SONY,COCHIN vs. THE DCIT, COCHIN

In the result, i) The appeal of the assessee in ITA No

ITA 320/COCH/2015[2009-10]Status: DisposedITAT Cochin24 May 2018AY 2009-10

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

Section 69

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

PANICHIKANDY MOHANDASAN,KASARGOD vs. ACIT, CIRCLE-1,KANNUR RANGE, KANNUR

In the result, appeal of the assessee is partly allowed

ITA 605/COCH/2024[2015-16]Status: DisposedITAT Cochin09 Apr 2025AY 2015-16

Bench: Shri George George K., Vp & Shri Inturi Rama Rao, Am

For Appellant: Shri Arun Raj S., AdvocateFor Respondent: Smt. Leena Lal, Sr. D.R
Section 40A(3)

section 40A(3) of the Income Tax Act, 1961 (the Act). disallowance of depreciation of plant and machinery of Rs. 10,64,649/-, disallowance

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

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

ITA 142/COCH/2017[2012-13]Status: DisposedITAT Cochin07 Feb 2019AY 2012-13

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

Section 135Section 263Section 37Section 37(1)

3. The first issue is with regard to deduction of Rs.25,00,000/- which was value of advance share investment. The Ld. AR stated that the assessee had financed the project promoted by Manila Electronics Pvt. Ltd. (MEPL) by way of share capital and also loan. It was submitted that due to various problems faced by MEPL, it defaulted

TANSEER KAJA,KARINGARAPULLY vs. ITO CIRCLE 1, PALAKKAD

In the result, all the appeals in ITA Nos

ITA 77/COCH/2023[2015-16]Status: DisposedITAT Cochin16 Aug 2024AY 2015-16

Bench: Shri Chandra Poojari & Shri Soundararajan K.

For Appellant: Shri Shameem Ahamed, A.RFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 143(3)Section 147Section 148Section 40A(3)

section 40A(3) of the Act. The assessee challenged the said disallowances before the ld. CIT(A) and the ld. CIT(A) has not accepted the case of the assessee and dismissed the appeal. Therefore, the assessee filed the present appeal before this Tribunal on the following grounds: ITA Nos.74 to 77/Coch/2024 Thanseer Kaja, Kerala Page 3

TANSEER KAJA,KARINGARAPULLY vs. ITO CIRCLE 1, PALAKKAD

In the result, all the appeals in ITA Nos

ITA 75/COCH/2023[2013-14]Status: DisposedITAT Cochin16 Aug 2024AY 2013-14

Bench: Shri Chandra Poojari & Shri Soundararajan K.

For Appellant: Shri Shameem Ahamed, A.RFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 143(3)Section 147Section 148Section 40A(3)

section 40A(3) of the Act. The assessee challenged the said disallowances before the ld. CIT(A) and the ld. CIT(A) has not accepted the case of the assessee and dismissed the appeal. Therefore, the assessee filed the present appeal before this Tribunal on the following grounds: ITA Nos.74 to 77/Coch/2024 Thanseer Kaja, Kerala Page 3

TANSEER KAJA,KARINGARAPULLY vs. ITO CIRCLE 1, PALAKKAD

In the result, all the appeals in ITA Nos

ITA 76/COCH/2023[2014-15]Status: DisposedITAT Cochin16 Aug 2024AY 2014-15

Bench: Shri Chandra Poojari & Shri Soundararajan K.

For Appellant: Shri Shameem Ahamed, A.RFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 143(3)Section 147Section 148Section 40A(3)

section 40A(3) of the Act. The assessee challenged the said disallowances before the ld. CIT(A) and the ld. CIT(A) has not accepted the case of the assessee and dismissed the appeal. Therefore, the assessee filed the present appeal before this Tribunal on the following grounds: ITA Nos.74 to 77/Coch/2024 Thanseer Kaja, Kerala Page 3

TANSEER KAJA,KARINGARAPULLY vs. ITO CIRCLE 1, PALAKKAD

In the result, all the appeals in ITA Nos

ITA 74/COCH/2023[2011-12]Status: DisposedITAT Cochin16 Aug 2024AY 2011-12

Bench: Shri Chandra Poojari & Shri Soundararajan K.

For Appellant: Shri Shameem Ahamed, A.RFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 143(3)Section 147Section 148Section 40A(3)

section 40A(3) of the Act. The assessee challenged the said disallowances before the ld. CIT(A) and the ld. CIT(A) has not accepted the case of the assessee and dismissed the appeal. Therefore, the assessee filed the present appeal before this Tribunal on the following grounds: ITA Nos.74 to 77/Coch/2024 Thanseer Kaja, Kerala Page 3

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 623/COCH/2022[2004-2005]Status: DisposedITAT Cochin31 Aug 2023AY 2004-2005

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 40Section 40A(2)(b)

40A(2)(a) of the Act. The AO’s order, nearly identically worded for all the years, is as under: ‘4. While examining the books of account it was seen that the assessee has made the following payment to partners or close relatives of the partners: (Figures being for AY 2004-05) (Amount (Rs.) Leave compensation 3,00,000/- Development

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 624/COCH/2022[2005-2006]Status: DisposedITAT Cochin31 Aug 2023AY 2005-2006

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 40Section 40A(2)(b)

40A(2)(a) of the Act. The AO’s order, nearly identically worded for all the years, is as under: ‘4. While examining the books of account it was seen that the assessee has made the following payment to partners or close relatives of the partners: (Figures being for AY 2004-05) (Amount (Rs.) Leave compensation 3,00,000/- Development

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 625/COCH/2022[2006-2007]Status: DisposedITAT Cochin31 Aug 2023AY 2006-2007

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 40Section 40A(2)(b)

40A(2)(a) of the Act. The AO’s order, nearly identically worded for all the years, is as under: ‘4. While examining the books of account it was seen that the assessee has made the following payment to partners or close relatives of the partners: (Figures being for AY 2004-05) (Amount (Rs.) Leave compensation 3,00,000/- Development

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 627/COCH/2022[2009-2010]Status: DisposedITAT Cochin31 Aug 2023AY 2009-2010

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 40Section 40A(2)(b)

40A(2)(a) of the Act. The AO’s order, nearly identically worded for all the years, is as under: ‘4. While examining the books of account it was seen that the assessee has made the following payment to partners or close relatives of the partners: (Figures being for AY 2004-05) (Amount (Rs.) Leave compensation 3,00,000/- Development

M/S SULAIKHA CLAY MINES,TRIVANDRUM vs. DCIT ,CIRCLE 1(2), TRIVANDRUM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 937/COCH/2022[2015-16]Status: DisposedITAT Cochin31 Aug 2023AY 2015-16

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 40Section 40A(2)(b)

40A(2)(a) of the Act. The AO’s order, nearly identically worded for all the years, is as under: ‘4. While examining the books of account it was seen that the assessee has made the following payment to partners or close relatives of the partners: (Figures being for AY 2004-05) (Amount (Rs.) Leave compensation 3,00,000/- Development

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 626/COCH/2022[2007-2008]Status: DisposedITAT Cochin31 Aug 2023AY 2007-2008

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 40Section 40A(2)(b)

40A(2)(a) of the Act. The AO’s order, nearly identically worded for all the years, is as under: ‘4. While examining the books of account it was seen that the assessee has made the following payment to partners or close relatives of the partners: (Figures being for AY 2004-05) (Amount (Rs.) Leave compensation 3,00,000/- Development

M/S.KALYAN JEWELLERS INDIA LTD,THRISSUR vs. THE ACIT, THRISSUR

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

ITA 744/COCH/2019[2015-16]Status: DisposedITAT Cochin14 Sept 2022AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2015-16

For Appellant: Shri Shaji Sreejith, A.RFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 143(3)Section 145(1)Section 263Section 5(1)Section 80GSection 80G(4)

3. The Ld. PCIT observed that as per the accounting principles prescribed and followed by the company, it had accounted for said gains on mark to market basis in respect of derivative financial instruments and forward contracts in foreign exchange on the date of Balance sheet in its audited financial statements prepared for the relevant year under the companies