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

65,07,189/-. 4. On appeal, the CIT(A) relied on the judgment of the Hon’ble Jurisdictional High Court in the case of Poulose and Mathen P. Ltd. (236 ITR 416) which is I.T.A. No.413/Coch/2018 binding on the lower authorities. The Ld. AR relied on the decision of the ITAT, Mumbai Bench in the case of Suyash Laboratories

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

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

65 ITR 381 (SC), the Hon'ble Supreme Court held that if the expenditure is wholly incurred for the purpose of business of the assessee, there was no reason to disallow any portion of Cochin International Airport Ltd. the interest expenditure on imaginary reasons. The judgment dated 08.08.2011 of the Hon'ble Bombay High Court in K. Raheja Corporation

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

65 ITR 381 (SC), the Hon'ble Supreme Court held that if the expenditure is wholly incurred for the purpose of business of the assessee, there was no reason to disallow any portion of Cochin International Airport Ltd. the interest expenditure on imaginary reasons. The judgment dated 08.08.2011 of the Hon'ble Bombay High Court in K. Raheja Corporation

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

65 ITR 381 (SC), the Hon'ble Supreme Court held that if the expenditure is wholly incurred for the purpose of business of the assessee, there was no reason to disallow any portion of Cochin International Airport Ltd. the interest expenditure on imaginary reasons. The judgment dated 08.08.2011 of the Hon'ble Bombay High Court in K. Raheja Corporation

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

65 ITR 381 (SC), the Hon'ble Supreme Court held that if the expenditure is wholly incurred for the purpose of business of the assessee, there was no reason to disallow any portion of Cochin International Airport Ltd. the interest expenditure on imaginary reasons. The judgment dated 08.08.2011 of the Hon'ble Bombay High Court in K. Raheja Corporation

THE ITO,COR.WD-1, KOCHI vs. BHAGHEERATHA ENGINEERING LIMITED, COCHIN

In the result, the appeals filed by the Revenue are partly allowed for statistical

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

65,759/- on these assets. 4. On appeal, the CIT(A) deleted the disallowance by observing that machineries in question are undisputedly owned by the assessee and temporary suspension of 2 I.T.A. Nos.500&501/Coch/2018 work shall not disentitle the assessee to claim depreciation. According to the CIT(A), depreciation is granted on the concept of block of assets. Hence

THE PLANTATION CORPORATION OF KERALA LTD,KOTTAYAM vs. THE DCIT, KOTTAYAM

In the result, the appeals filed by the assessee are dismissed

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

65% is liable to State Agrl. Income Tax. It is also judicially recognized that the State Officers has to accept the proportionate computation as made by the Central Officers has to accept the proportionate computation as made by the Central Officers under the Income Tax Act. Year-wise cost of maintenance and replantation Year Maintenance Rs. Replantation Total ITA No.239

THE VELIMALAI RUBBER CO. LTD,KOTTAYAM vs. THE ACIT, KOTTAYAM

In the result, the appeals filed by the assessee are dismissed

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

65% is liable to State Agrl. Income Tax. It is also judicially recognized that the State Officers has to accept the proportionate computation as made by the Central Officers has to accept the proportionate computation as made by the Central Officers under the Income Tax Act. Year-wise cost of maintenance and replantation Year Maintenance Rs. Replantation Total ITA No.239

USHA JOHNSON,KOLLAM vs. ITO, KOLLAM

In the result, the appeals of the assessee are dismissed

Bench: Shri George George K., Jm

Section 65[105J(zzzzj) of Finance Act, 1994. 6. Without prejudice to the above grounds, the doctrine of essence may be looked upon wherein the actual facts of the matter may be considered irrespective of the facts represented on paper. A similar stand has been taken by the honourable High Court of Kerala in Commissioner of Income Tax, Cochin

USHA JOHNSON,KOLLAM vs. ITO, KOLLAM

In the result, the appeals of the assessee are dismissed

Bench: Shri George George K., Jm

Section 65[105J(zzzzj) of Finance Act, 1994. 6. Without prejudice to the above grounds, the doctrine of essence may be looked upon wherein the actual facts of the matter may be considered irrespective of the facts represented on paper. A similar stand has been taken by the honourable High Court of Kerala in Commissioner of Income Tax, Cochin

USHA JOHNSON,KOLLAM vs. ITO, KOLLAM

In the result, the appeals of the assessee are dismissed

Bench: Shri George George K., Jm

Section 65[105J(zzzzj) of Finance Act, 1994. 6. Without prejudice to the above grounds, the doctrine of essence may be looked upon wherein the actual facts of the matter may be considered irrespective of the facts represented on paper. A similar stand has been taken by the honourable High Court of Kerala in Commissioner of Income Tax, Cochin

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

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

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

65:35 is to be made. The Ld. DR noted that this income is only a salvage value got from an exhausted stock – Just like the money got on sale of empty gunny bags by a cement dealer or of empty bottles by a bar hotel. There is no point in calling the trees a capital asset. According

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

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

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

65:35 is to be made. The Ld. DR noted that this income is only a salvage value got from an exhausted stock – Just like the money got on sale of empty gunny bags by a cement dealer or of empty bottles by a bar hotel. There is no point in calling the trees a capital asset. According

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

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

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

65:35 is to be made. The Ld. DR noted that this income is only a salvage value got from an exhausted stock – Just like the money got on sale of empty gunny bags by a cement dealer or of empty bottles by a bar hotel. There is no point in calling the trees a capital asset. According

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

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

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

65:35 is to be made. The Ld. DR noted that this income is only a salvage value got from an exhausted stock – Just like the money got on sale of empty gunny bags by a cement dealer or of empty bottles by a bar hotel. There is no point in calling the trees a capital asset. According

M/S SKYLINE E TECH,KOCHI vs. ACIT CIRCLE 2(2), KOCHI

In the result, both the appeals of the assessee are allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

section 32(1) of the Act. The ld. AO is directed to verify the same and grant depreciation in accordance with law. Accordingly ground no. 4 of assessee is allowed with above direction. 12. Thus, ITA No.268/Coch/2023 for AY 2005-06 is partly allowed. 13. ITA No.269/Coch/2023 is filed by assessee against the appellate order passed

M/S SKYLINE E TECH,KOCHI vs. ACIT CIRCLE 2(2), KOCHI

In the result, both the appeals of the assessee are allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

section 32(1) of the Act. The ld. AO is directed to verify the same and grant depreciation in accordance with law. Accordingly ground no. 4 of assessee is allowed with above direction. 12. Thus, ITA No.268/Coch/2023 for AY 2005-06 is partly allowed. 13. ITA No.269/Coch/2023 is filed by assessee against the appellate order passed