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169 results for “depreciation”+ Section 6(1)(iii)clear

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Mumbai3,317Delhi2,943Bangalore1,195Chennai1,062Ahmedabad778Kolkata720Pune403Jaipur363Hyderabad354Chandigarh264Karnataka197Raipur169Cochin169Indore152Surat142Visakhapatnam137Amritsar124Cuttack109Rajkot74Lucknow71SC67Nagpur48Guwahati45Telangana42Ranchi37Jodhpur35Agra21Panaji19Kerala18Patna16Calcutta16Allahabad13Dehradun11Varanasi7Punjab & Haryana6Rajasthan5Jabalpur4Orissa3ASHOK BHAN DALVEER BHANDARI1D.K. JAIN H.L. DATTU JAGDISH SINGH KHEHAR1A.K. SIKRI N.V. RAMANA1MADAN B. LOKUR S.A. BOBDE1

Key Topics

Addition to Income76Section 143(3)71Disallowance46Depreciation35Section 32(1)(iia)33Deduction32Section 80I29Section 153C28Section 153A26Section 14A

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

In the result, the assessee’s appeal is dismissed

ITA 565/COCH/2022[2018-2019]Status: DisposedITAT Cochin13 Mar 2024AY 2018-2019

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

For Appellant: NoneFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 143(1)Section 2Section 30Section 36Section 36(1)(va)Section 43B

6. Another argument taken before us is that the disallowance made by the CPC Bengaluru while processing the return u/s 143(1) of the Act is beyond the scope of provisions of section 143(1(a) of the Act and, therefore, cannot be sustained. 7. We have carefully perused the decision of the co-ordinate bench in the case

Showing 1–20 of 169 · Page 1 of 9

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Section 26320
Section 13214

M/S. MAVOOR TRADE LINKS,CALICUT vs. THE ACIT, CALICUT

In the result, the appeal of the assessee is dismissed

ITA 575/COCH/2019[2008-09]Status: DisposedITAT Cochin03 Feb 2020AY 2008-09

Bench: Shri George George K.

Section 143(3)Section 36(1)(iii)

6) That interest on borrowings used for capital expenditure relating to a totally new business apart from existing business is to be capitalized as pre- commencement expenditure was held in the case of CIT vs. Vadilal Dairy International Ltd. 328 ITR 544 (Guj.) 7) In Core Health Care Ltd. vs. DCIT (SC) 298 ITR 194 the Hon'ble Supreme Court

DCIT, TRIVANDRUM vs. BRAHMOS AEROSPACE( THIRUVANANTHAPURAM) LTD, TRIVANDRUM

In the result, the appeal filedby

ITA 742/COCH/2019[2002-03]Status: HeardITAT Cochin23 Feb 2022AY 2002-03

Bench: Shri George Mathan, Jm & Shri Ramit Kochar, Am Deputy Commissioner Brahmos Aerospace Of Income Tax, (Thiruvananthapuram) Ltd., Circle-1(1), V. Chackai, Thiruvananthapuram Beach Post, Kerala Tiruvananthapuram, Kerala Pan – Aabck2217K Appellant Respondent

For Appellant: Smt. Jamunna Devi, Sr.DRFor Respondent: Shri Abraham Joseph Markos, Adv
Section 139(1)Section 139(3)Section 143(2)Section 143(3)Section 44ASection 80

6. The carry forward of loss is governed by the provisions of the Income tax Act. Inour view, the AO can deny carry forward of loss only in accordance with the saidprovisions. In the instant case, the AO has not taken support of any provisions in the Actto show that the assessee is not entitled to carry forward the loss

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

ITA 609/COCH/2017[2013-14]Status: DisposedITAT Cochin01 Sept 2025AY 2013-14

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

For Appellant: Shri Abraham Joseph Markos, AdvFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 115JSection 143(3)Section 32Section 32(1)(iia)Section 35Section 43(1)Section 92C

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

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

ITA 588/COCH/2022[2012-2013]Status: DisposedITAT Cochin19 Dec 2022AY 2012-2013

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

For Appellant: Shri Radhesh L. Bhat, CAFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 143(2)Section 32(1)Section 32(1)(iia)

section 32(1)(iia) which as submitted is mandatory in nature. It may also be noted that there is no provision in the Act providing that balance 50 % will not be allowed in succeeding year. Reducing grant from WDV for purpose of depreciation The assessee during the year received a grant of Rs.3,72,68,000 towards purchase of plant

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE DCIT, TRIVANDRUM

In the result, the appeal for assessment year 2011-2012

ITA 475/COCH/2016[2012-13]Status: DisposedITAT Cochin11 May 2018AY 2012-13

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

For Appellant: Sri.Raghunathan S., AdvocateFor Respondent: Sri. Santham Bose, CIT-DR
Section 144C(5)Section 190Section 194JSection 234BSection 40Section 92C(3)

6. Against the above order of the Assessing Officer, the Draft Resolution Panel (DRP) has given a direction that USTIPL is rendering managerial, technical and consultancy services to the assessee by providing services of technical or other personnel. Thus the services come within purview of section 9(1)(vii) explanation 2 and provisions of section 194J are attracted in this

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE ACIT, TRIVANDRUM

In the result, the appeal for assessment year 2011-2012

ITA 134/COCH/2016[2011-12]Status: DisposedITAT Cochin11 May 2018AY 2011-12

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

For Appellant: Sri.Raghunathan S., AdvocateFor Respondent: Sri. Santham Bose, CIT-DR
Section 144C(5)Section 190Section 194JSection 234BSection 40Section 92C(3)

6. Against the above order of the Assessing Officer, the Draft Resolution Panel (DRP) has given a direction that USTIPL is rendering managerial, technical and consultancy services to the assessee by providing services of technical or other personnel. Thus the services come within purview of section 9(1)(vii) explanation 2 and provisions of section 194J are attracted in this

THE ACIT CIR-1(1), THRISSUR vs. SOUTH INDIAN BANK LTD, THRISSUR

In the result, both the appeal filed by the assessee as well as the appeal filed

ITA 219/COCH/2018[2012-13]Status: DisposedITAT Cochin22 Mar 2019AY 2012-13

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

Section 14ASection 36(1)(viii)

6. The facts of the case are that the Assessing Officer had disallowed an amount of Rs.10,79,80,515/- being the deduction claimed u/s. 36(1)(viii) of the Act holding that the assessee had not advanced any loan as long term finance for development of housing in India, industrial or agricultural development or development of infrastructure facility

SOUTH INDIAN BANK LTD,THRISSUR vs. THE ACIT CIR-1(1), THRISSUR

In the result, both the appeal filed by the assessee as well as the appeal filed

ITA 215/COCH/2018[2012-13]Status: DisposedITAT Cochin21 Mar 2019AY 2012-13

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

Section 14ASection 36(1)(viii)

6. The facts of the case are that the Assessing Officer had disallowed an amount of Rs.10,79,80,515/- being the deduction claimed u/s. 36(1)(viii) of the Act holding that the assessee had not advanced any loan as long term finance for development of housing in India, industrial or agricultural development or development of infrastructure facility

MANJILAS AGRO FOODS PVT. LTD,THRISSUR vs. THACIT,CIRCLE-1(1 ), THRISSUR

In the result, all the appeals by the assessee are partly allowed

ITA 32/COCH/2022[2011-12]Status: DisposedITAT Cochin19 Dec 2022AY 2011-12

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S.

For Appellant: Shri C V Varghese, CAFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 143(3)Section 147Section 148

III relating to machinery and plant. Different rates are provided varying between 33.33 per cent to 100 per cent. Sub-item (1) deals with machinery and plant other than those covered by sub-items (2) and (3). 'Plant and machinery' covered by item (1) qualify for depreciation allowance at 33.33 per cent. Sub-items (2) and (3 ) deal with various

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

ITA 34/COCH/2022[2014-15]Status: DisposedITAT Cochin19 Dec 2022AY 2014-15

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S.

For Appellant: Shri C V Varghese, CAFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 143(3)Section 147Section 148

III relating to machinery and plant. Different rates are provided varying between 33.33 per cent to 100 per cent. Sub-item (1) deals with machinery and plant other than those covered by sub-items (2) and (3). 'Plant and machinery' covered by item (1) qualify for depreciation allowance at 33.33 per cent. Sub-items (2) and (3 ) deal with various

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

ITA 33/COCH/2022[2012-13]Status: DisposedITAT Cochin19 Dec 2022AY 2012-13

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S.

For Appellant: Shri C V Varghese, CAFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 143(3)Section 147Section 148

III relating to machinery and plant. Different rates are provided varying between 33.33 per cent to 100 per cent. Sub-item (1) deals with machinery and plant other than those covered by sub-items (2) and (3). 'Plant and machinery' covered by item (1) qualify for depreciation allowance at 33.33 per cent. Sub-items (2) and (3 ) deal with various

ASPINWALL & COMPANY LTD,COCHIN vs. THE ACIT, COCHIN

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

ITA 61/COCH/2015[2006-07]Status: DisposedITAT Cochin19 May 2020AY 2006-07

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

Section 14A

6. The Ld. DR relied on the orders of the lower authorities. 7. We have heard the rival submissions and peruse the record. In this case, the assessment year involved is 2006-07. Rule 8D was introduced with effect from 24/03/2008 which was prospective in operation and cannot be applied retrospectively as held by the Delhi High Court

ASPINWALL & COMPANY LTD,COCHIN vs. THE ACIT, COCHIN

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

ITA 60/COCH/2015[2006-07]Status: DisposedITAT Cochin19 May 2020AY 2006-07

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

Section 14A

6. The Ld. DR relied on the orders of the lower authorities. 7. We have heard the rival submissions and peruse the record. In this case, the assessment year involved is 2006-07. Rule 8D was introduced with effect from 24/03/2008 which was prospective in operation and cannot be applied retrospectively as held by the Delhi High Court

THE DCIT, COCHIN vs. M/S.ASPINWALL & CO. LTD, COCHIN

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

ITA 133/COCH/2017[2012-13]Status: DisposedITAT Cochin19 May 2020AY 2012-13

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

Section 14A

6. The Ld. DR relied on the orders of the lower authorities. 7. We have heard the rival submissions and peruse the record. In this case, the assessment year involved is 2006-07. Rule 8D was introduced with effect from 24/03/2008 which was prospective in operation and cannot be applied retrospectively as held by the Delhi High Court

M/S ASPINWALL & CO.,LTD,COCHIN vs. THE ACIT, COCHIN

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

ITA 128/COCH/2017[2012-13]Status: DisposedITAT Cochin19 May 2020AY 2012-13

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

Section 14A

6. The Ld. DR relied on the orders of the lower authorities. 7. We have heard the rival submissions and peruse the record. In this case, the assessment year involved is 2006-07. Rule 8D was introduced with effect from 24/03/2008 which was prospective in operation and cannot be applied retrospectively as held by the Delhi High Court

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)

section 32(1)(iia) of the Income Tax Act, 1961 is a one-time benefit to encourage industrialization and the relevant provisions have to be construed reasonably and purposively. The additional depreciation is allowed in the year of purchase and if in the year of purchase, the assessee is eligible only for 50 per cent, depreciation, the balance

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

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

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)

section 32(1)(iia) of the Income Tax Act, 1961 is a one-time benefit to encourage industrialization and the relevant provisions have to be construed reasonably and purposively. The additional depreciation is allowed in the year of purchase and if in the year of purchase, the assessee is eligible only for 50 per cent, depreciation, the balance

M/S.BABY MEMORIAL HOSPITAL LTD,KOZHIKKODE vs. THE ACIT,CIRCLE-1(1), KOZHIKKODE

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

ITA 420/COCH/2019[2014-15]Status: DisposedITAT Cochin08 Nov 2019AY 2014-15

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

Section 115JSection 142Section 143(3)Section 263Section 36Section 37(1)

iii) was rejected by the Pr. CIT, the order u/s. 263 is to be set aside as held by the Supreme Court in CIT Vs. Kwality Steel Suppliers Complex (395 1TR 1). 5.4 The Ld. AR also relied on the order of the Tribunal in the case of MFAR Hotels & Resorts Ltd. vs. ACIT in ITA No. 63/Coch/2015 dated 16/03/2018

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

ITA 271/COCH/2018[2014-15]Status: DisposedITAT Cochin30 Apr 2019AY 2014-15

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

For Appellant: Sri. P.K.JayanFor Respondent: Sri.Sudhanshu Shekhar Jha
Section 143(3)

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 depreciation, to be @ 15% under the "Plant & Machinery" and not @ 100%. In this view of the matter, if at all depreciation can be treated as admissible, it shall not exceed