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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

54,015/- debited and claimed by the Appellant in its Profit and Loss Account are determined to be towards: a) Land Acquisition compensation amounts, b) short term working capital loans; and b) paid to KSIDC on Term loan taken for setting up of Golf Course and Country Club, which are specific items and have no bearing on the investments made

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

54,015/- debited and claimed by the Appellant in its Profit and Loss Account are determined to be towards: a) Land Acquisition compensation amounts, b) short term working capital loans; and b) paid to KSIDC on Term loan taken for setting up of Golf Course and Country Club, which are specific items and have no bearing on the investments made

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

54,015/- debited and claimed by the Appellant in its Profit and Loss Account are determined to be towards: a) Land Acquisition compensation amounts, b) short term working capital loans; and b) paid to KSIDC on Term loan taken for setting up of Golf Course and Country Club, which are specific items and have no bearing on the investments made

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.

depreciation of tempo Van / Goods vehicle (iii) Adhoc disallowance of sales promotion expenses 27. With regard to the issue of delayed remittance of ESI/PF, the issue of allowability of the claim is settled by the decision of the Hon’ble Supreme Court in the case of Checkmate Services (P.) Ltd. Vs CIT-1, [2022] 143 taxmann.com 178 (SC) where

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.

depreciation of tempo Van / Goods vehicle (iii) Adhoc disallowance of sales promotion expenses 27. With regard to the issue of delayed remittance of ESI/PF, the issue of allowability of the claim is settled by the decision of the Hon’ble Supreme Court in the case of Checkmate Services (P.) Ltd. Vs CIT-1, [2022] 143 taxmann.com 178 (SC) where

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.

depreciation of tempo Van / Goods vehicle (iii) Adhoc disallowance of sales promotion expenses 27. With regard to the issue of delayed remittance of ESI/PF, the issue of allowability of the claim is settled by the decision of the Hon’ble Supreme Court in the case of Checkmate Services (P.) Ltd. Vs CIT-1, [2022] 143 taxmann.com 178 (SC) where

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.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 which the learned Assessing Officer did not allow without considering the facts of the case. 11. The AO has erred in disallowing the deduction claimed u/s. 37 of Rs. 1,18,54,561/- being expenditure on gifts incurred wholly and exclusively for the purpose of business of assessee company. 12 Apollo Tyres Ltd. 11.1 The AO has also erred

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

54. In the opinion of this Court, the reasoning in the impugned judgment that the non-obstante clause would not in any manner dilute or override the employer’s obligation to deposit the amounts retained by it or deducted by it from the employee’s income, unless the condition that it is deposited on or before the due date

M/S. VYSALI PHARMACEUTICALS LTD.,ERNAKULAM vs. THE PCIT, KOCHI-1, KOCHI

In the result, the assessee’s appeal is dismissed

Bench: Shri Sanjay Arora & Shri Manomohan Dasvysali Pharmaceuticals Ltd. The Principal Commissioner Ix/639, Edathala P.O. Of Income Tax -1 Vs. Ernakulam 683561 C.R. Building, I.S. Press Road [Pan:Aaacv 5491P] Kochi - 682018 (Appellant) (Respondent) Assessee By: Shri Narayanan P. Potty, Advocate Revenue By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 19.10.2023 Date Of Pronouncement: 17.01.2024 O R D E R Per Sanjay Arora, Am This Appeal By The Assessee Agitates The Revision Of It’S Assessment Under Section 143(3) Of Income Tax Act, 1961 (‘The Act’) Dated 30/10/2019 For Assessment Year (Ay) 2017-18 By The Principal Commissioner Of Income Tax-1, Kochi (Pr. Cit) Vide Order Under Section 263 Of The Act Dated 30.03.2022. 2. The 68-Day Delay In Filing The Appeal Is Explained By An Affidavit Dated 14.7.2023 By Shri A.D. Krishnan, Managing Director Of The Assessee-Company. We Find The Reasons Stated Therein As Genuine & Debilitative Of The Assessee’S Capacity In Filing The Appeal In Time. The Appeal Was Accordingly Admitted & The Hearing Proceeded With.

54,353, absorbing its entire profit of Rs.1,58,39,577. The same was processed u/s.143(1) of ITANo. 847/Coch/ 2022 (AY 2017-18) Vysali Pharmaceuticals Ltd. vs. PCIT the Act, disallowing though the brought forward depreciation, against which the assessee filed rectification application u/s. 154 of the Act. Impending it’s disposal, the assessee’s case was selected under

NIZAR,THODUPUZHA vs. ITO, WARD 1 & TPS,, THODUPUZHA/

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

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

depreciation for each of the relevant assessment years. (4) The provisions of sections 44AA and 44AB shall not apply in so far as they relate to the business referred to in sub- section (1) and in computing the monetary limits under those sections, the total turnover or, as the case may be, the income from the said business shall

THE ITO, WARD-1, PALAKKAD, PALAKKAD vs. M/S. SNOFIELD FOODS PRIVATE LIMITED, PALAKKAD

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

Bench: Shri George George K. & Ms. Padmavathy S.The Income Tax Officer -1 Vs M/S. Snofield Foods Pvt. Ltd. Aayakar Bhavan Door No. V/623B, Marutharode English Church Road Village, Kuppayode Road Palakkad 678014 Marutharode, Palakkad 678007 Pan – Aafcs3164B (Appellant) (Respondent) Assessee By: Shri P.M. Veermani, Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. Dr Date Of Hearing: 28.02.2023 Date Of Pronouncement: 03.03.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Revenue Is Directed Against The Order Of The Cit(A)/Nfac, Delhi Dated 02.06.2022. The Relevant Assessment Year Is 2006-07. 2. Revenue Has Raised The Following Grounds Of Appeal: - “1) The Learned Commissioner Of Income Tax(Appeals) Erred In Deleting The Addition Made By Assessing Officer U/S 41(1), Has Not Gone Into The Merits Of The Issue Simply Relying On The Fact That The Similar Issue Is Already Decided In Favour Of The Assessee In The Case Of Sister Concerns. 2) The Learned Commissioner Of Income Tax (Appeals) Has Not Taken Into Consideration That The Assessee Should Have Credited Percentage Of Deduction Of The Freezer Deposit Every

54,67,159/- in the assessment completed under Section 143(3) r.w.s. 254 o the Act (order dated 30.03.2014). 5. Aggrieved by the order of the AO, assessee filed appeal before the first appellate authority. The CIT(A) allowed the appeal of the assessee. The CIT(A) has placed reliance on various orders of the ITAT which are detailed

THE SOUTH INDIAN BANK,THRISSUR vs. DCIT, CIRCLE 1(1) & TPS, THRISSUR

In the result, the appeal by the assessee is dismissed

Bench: Shri Inturi Rama Raoshri Sandeep Singh Karhailthe South Indian Bank Limited, Head Office, Mission Quarters, Tb Road, Thrissur Kerala - 680001 ............... Appellant Pan : Aabct0022F V/S Dcit, Circle – 1(1) & Tps ……………… Respondent Thrissur, Kerala

54,240. The return filed by the assessee was selected for scrutiny, and statutory notices under section 143(2) and section 142(1) of the Act were issued and served on the assessee. Vide order dated 24/12/2010 passed under section 143(3) of the Act, the total income of the assessee was assessed at ₹ 256,58,53,626. The Assessing

M/S OIL PALM INDIA LTD,KOTTAYAM vs. DCIT, KOTTAYAM

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

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sassessment Year : 2009-10 M/S. Oil Palm India Ltd., Vs. Dcit, Xiv/130, Kottayam South P.O., Circle – 1, Kodimatha, Kottayam. Kottayam. Pan : Aaaci 3695 G Appellant Respondent

section 154 of the Act. Aggrieved, the assessee is in appeal before the Tribunal. The learned AR filed a detailed submission with regard to the rectification order passed by the AO which is extracted as below: In fact, the issue of taxability of income from the manufacture and sale of palm oil has been a consistent issue in the assessment

MR.P.C.JOSE,,COCHIN vs. DCIT, COCHIN

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

Bench: Shri Sanjay Arora & Shri Manomohan Dasp.C. Jose Deputy Commissioner Of Prop. Brothers Agencies Income Tax, Circle-2(1) Jews Street Vs. Kochi Ernakulam 682031 [Pan: Abbpj8250F] (Appellant) (Respondent) Deputy Commissioner Of P.C. Jose Income Tax, Circle-2(1) Prop. Brothers Agencies Kochi Vs. Jews Street Ernakulam 682031 [Pan: Abbpj8250F] (Appellant) (Respondent)

section 143(3) of the Income Tax Act, 1961 (‘the Act’ hereinafter) dated 29.12.2010 for Assessment Year (AY) 2008-09. ITA Nos. 54& 84/Coch/2012 (AY: 2008-09) P.C. Jose v. Dy CIT / Dy. CIT v. P.C. Jose Ex-parte Order 2. The appeals were heard at length on 10.08.2023, covering all the issues, including the principal one, being the assessment

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

M/S.JOY ALUKKAS INDIA P. LTD,COCHIN vs. THE ACIT, COCHIN

In the result, the appeal filed by the Assessee stands partly allowed for statistical purposes

Bench: Shri Inturi Rama Rao, Am& Shri Rahul Chaudharyit (Tp) A No. 119/Coch/2016 (Assessment Year: 2011-12) & It (Tp) A Nos. 38 & 643/Coch/2017 (Assessment Years :2012-13 & 2013-14)

54,18,632/- on account of expenses towards fee for brand utilization expenditure by adopting the Bright Line test method vide order dated 30/01/2015 passed u/s. 92CA (3) of the Act. 7. The AO on receipt of the TPO’s order passed draft assessment order on 27/12/2016 u/s. 143(3) r.w.s. 144C(13) after proposing the following additions:- a) Addition

M/S.JOY ALUKKAS INDIA P. LTD,TRICHUR vs. THE ACIT, ERNAKULAM

In the result, the appeal filed by the Assessee stands partly allowed for statistical purposes

Bench: Shri Inturi Rama Rao, Am& Shri Rahul Chaudharyit (Tp) A No. 119/Coch/2016 (Assessment Year: 2011-12) & It (Tp) A Nos. 38 & 643/Coch/2017 (Assessment Years :2012-13 & 2013-14)

54,18,632/- on account of expenses towards fee for brand utilization expenditure by adopting the Bright Line test method vide order dated 30/01/2015 passed u/s. 92CA (3) of the Act. 7. The AO on receipt of the TPO’s order passed draft assessment order on 27/12/2016 u/s. 143(3) r.w.s. 144C(13) after proposing the following additions:- a) Addition