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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

depreciation allowance is, subject to the provisions of section 34, permissible only in respect of certain assets specified therein, namely, buildings, machinery, plant and furniture owned by the assessee and used for the purpose of business while section 43(3) defines 'plant' in very wide terms saying "plant includes ships, vehicles, books, scientific apparatus and surgical equipments used

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

depreciation allowance is, subject to the provisions of section 34, permissible only in respect of certain assets specified therein, namely, buildings, machinery, plant and furniture owned by the assessee and used for the purpose of business while section 43(3) defines 'plant' in very wide terms saying "plant includes ships, vehicles, books, scientific apparatus and surgical equipments used

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

44,574 machineries Total 24,59,504 5.1 The sample copies of the invoices for the Transit Mixers and Truck Chassis are placed at page 37 to 45 of the paper book submitted by the assessee. Section 32(1)(iia) of the I.T.Act provides that any new machinery or plant ……… is eligible for additional depreciation

JUBILEE MISSION HOSPITAL,THRISSUR vs. THE DCIT, KOCHI

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

44,411/- has escaped assessment within the meaning of section 147 of the Income Tax Act 1961, the notice u/s 148 was issued.” 9. The contention of the Ld. A.R. is that the reasons recorded very clearly show that, the only material that the AO has relied on, to make the addition is the audited Balance sheet. Profit & Loss account

JUBILEE MISSION HOSPITAL ,KAKKANAD vs. THE DCIT, KOCHI

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

44,411/- has escaped assessment within the meaning of section 147 of the Income Tax Act 1961, the notice u/s 148 was issued.” 9. The contention of the Ld. A.R. is that the reasons recorded very clearly show that, the only material that the AO has relied on, to make the addition is the audited Balance sheet. Profit & Loss account

JUBILEE MISSION HOSPITAL.,THRISSUR vs. THE DCIT, KOCHI

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

44,411/- has escaped assessment within the meaning of section 147 of the Income Tax Act 1961, the notice u/s 148 was issued.” 9. The contention of the Ld. A.R. is that the reasons recorded very clearly show that, the only material that the AO has relied on, to make the addition is the audited Balance sheet. Profit & Loss account

JUBILEE MISSION HOSPITAL,THRISSUR vs. THE DCIT, THRISSUR

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

44,411/- has escaped assessment within the meaning of section 147 of the Income Tax Act 1961, the notice u/s 148 was issued.” 9. The contention of the Ld. A.R. is that the reasons recorded very clearly show that, the only material that the AO has relied on, to make the addition is the audited Balance sheet. Profit & Loss account

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 carried forward from previous years. For these and other grounds that may be advanced at the time of hearing, the order of the learned Commissioner of Income tax (Appeals) on the above points may be set aside and that of the Assessing Officer restored.” 3. In respect of ground Nos. 2 & 3 there was a disallowance of Rs.55

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

SHRI.PRAKASH R. NAIR,KOLLAM vs. DCIT, KOLLAM

In the result, the assessee’s appeal is partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Dasprakash R. Nair Dy.Cit, Central Circle Prop. Dhanya Foods Kollam Kochuppilammoodu Vs. Kollam 691001 [Pan:Abfpn4424P] (Appellant) (Respondent)

section 271(1)(c), i.e., 8 Prakash R. Nair v. Dy.CIT, Central Circle concealment of particulars of income or furnishing inaccurate particulars of income, under which the impugned penalty stands levied u/s. 271(1)(c) r/w Explanation 1 thereto, adverting to the copy of the said notice (PB pg. 3). Reliance for the purpose was placed by him principally

MALABAR CEMENTS LIMITED,PALAKKAD vs. ACIT, PALAKKAD

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

44,78,40,810 N/A N/A 2012-13 29.09.2012 37,15,15,630 29.05.2013 36,86,11,310 2016-17 12.10.2016 39,41,57,030 17.06.2017 39,81,77,960 2017-18 17.10.2017 3,99,99,190 26.07.2018 3,63,65,410 3. The return was taken up for scrutiny through CASS to verify various issues out of which

MALABAR CEMENTS LTD,WALAYAR vs. ACIT, CIRCLE-1, PALAKKAD, PALAKKAD

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

44,78,40,810 N/A N/A 2012-13 29.09.2012 37,15,15,630 29.05.2013 36,86,11,310 2016-17 12.10.2016 39,41,57,030 17.06.2017 39,81,77,960 2017-18 17.10.2017 3,99,99,190 26.07.2018 3,63,65,410 3. The return was taken up for scrutiny through CASS to verify various issues out of which

MALABAR CEMENTS LTD,WALAYAR vs. ACIT, CIRCLE-1, PALAKKAD, PALAKKAD

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

44,78,40,810 N/A N/A 2012-13 29.09.2012 37,15,15,630 29.05.2013 36,86,11,310 2016-17 12.10.2016 39,41,57,030 17.06.2017 39,81,77,960 2017-18 17.10.2017 3,99,99,190 26.07.2018 3,63,65,410 3. The return was taken up for scrutiny through CASS to verify various issues out of which

MALABAR CEMENTS LTD,WALAYAR vs. ACIT, CIRCLE-1, PALAKKAD, PALAKKAD

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

44,78,40,810 N/A N/A 2012-13 29.09.2012 37,15,15,630 29.05.2013 36,86,11,310 2016-17 12.10.2016 39,41,57,030 17.06.2017 39,81,77,960 2017-18 17.10.2017 3,99,99,190 26.07.2018 3,63,65,410 3. The return was taken up for scrutiny through CASS to verify various issues out of which

M/S HIGH RANGE FOODS PRIVATE LTD,KOCHI vs. ITO CORPORATE WARD 1(3), KOCHI

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

Bench: Shri Sanjay Arora & Shri Manomohan Dashigh Range Foods Pvt. Ltd. The Income Tax Officer 28/3030, Cheruparambath Road Corporate Ward – 1(3) Vs. Kadavanthra, Kochi 682020 Kochi [Pan:Aaach6076L] (Appellant) (Respondent) Assessee By: Shri P.M. Veeramani, Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 11.09.2023 Date Of Pronouncement: 11.12.2023 O R D E R Per Sanjay Arora, Am This Appeal By The Assessee Is Directed Against The Order Dated 28.06.2022 By The Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)], Disallowing The Assessee’S Appeal Contesting It’S Assessment Under Section 143(3) Of The Income Tax Act, 1961 (‘The Act’) Dated 27.12.2017 For Assessment Year (Ay) 2015-16. 2. The Appeal, Filed On 09.01.2023, Is Delayed By 135 Days. The Condonation Petition Accompanying The Appeal, Which Is Supported By A Sworn Affidavit Dated 29.12.2022 By Shri Simon John, The Director & Principal Officer Of The Assessee- Company, Explains The Delay In Terms Of Non-Conveyance Of The Impugned Order Inasmuch As It’S Uploading On The Itba Was Not Accompanied By A Simultaneous Uploading On The Mobile Application As Well As A Real Time Alert Through Sms, As Required By Clause 11 Of The National Faceless Appeal Scheme (Nfas), So That The Order Cannot Be Regarded As Served On 28.6.2022, The Date Of The Impugned Order And

section cited in the ‘precedent’ is wrong, nor could be inasmuch as, as afore-noted, there is nothing therein (or in the orders further relied upon) stating the reason for the non-maintainability of the applicable provision, i.e., s. 28(i). 5.4 Continuing further, even as we have, in the absence of any reason for it’s decision

AYUR GREEN AYURVEDA HOSPITALS PRIVATE LIMITED,MALAPPURAM vs. DCIT, CPC, BENGALURU, BENGALURU

In the result, the assessee’s appeal is dismissed

Bench: Shri Sanjay Arora & Dr. S. Seethalakshmiayurgreen Ayurveda Hospsitals Vs Dcit, Private Limited Cpc, Door No. 1/301 Ayurgreen Bengaluru. Ayurveda Hospitals, Kaladi Mlp Edappal, Malappuram-679585. (Appellant) (Respondent) Pan No. Aaica 4294 M

depreciation). Each of these deductions, has its contours, depending upon the expressions used, and the 14 Ayurgreen Ayurveda Hospitals Pvt. Ltd. conditions that are to be met. It is therefore necessary to bear in mind that specific enumeration of deductions, dependent upon fulfillment of particular conditions, would qualify as allowable deductions: failure by the assessee to comply with those conditions

DESAI HOMES,ERNAKULAM vs. THE ACIT NON CORP CIRCLE 2(1), COCHIN

In the result, appeal filed by the assessee stands dismissed

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm Assessment Year: 2017-18 Desai Homes .......... Appellant Dd Trade Tower, Kadavanthra Road Kaloor, Kochi 682017 [Pan: Aacfd0390E] Vs. Acit, Non-Corporte Circle 2(1) .......... Respondent C.R. Building, I.S. Press Road, Kochi 682018 Appellant By: Ms. Rohini Thampy, Ca Respondent By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 03.02.2025 Date Of Pronouncement: 11.03.2025

44,88,400/-. Against the said return of income, the assessment was completed by the ACIT, Non-corporate Circle-2(1), Kochi (hereinafter called "the AO") vide order dated 31.12.2019 passed u/s. 143(3) of the Act at a total income of Rs. 14,68,26,420/-. 3. Subsequently, on examination of the assessment records, the learned PCIT opined that

INFOPARKS KERALA,COCHIN vs. THE ACIT, COCHIN

In the result, the assessee’s appeals are partly allowed

Bench: Shri Sanjay Arora, Am & Shri Aby T. Varkey, Jm

section 2(15). However, the Court does not rule out any future claim made and being independently assessed, if GS1 is able to satisfy that what it provides to its customers is charged on cost-basis with at the most, a nominal mark-up. The foregoing neatly sums up the adjudication qua entities as the assessee, which is accordingly