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268 results for “depreciation”+ Section 7clear

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Key Topics

Addition to Income69Section 143(3)68Disallowance41Depreciation38Section 32(1)(iia)33Deduction33Section 26332Section 80I29Section 14822Section 10A

DCIT, ALAPPUZHA vs. M/S ACEELERATED FREEZE DRYING CO, LTD, ALAPPUZHA

In the result, the appeal of the Revenue is allowed and the appeal of the

ITA 714/COCH/2008[2002-03]Status: DisposedITAT Cochin28 Jun 2019AY 2002-03

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

Section 143(3)Section 2Section 2(14)Section 42Section 50BSection 50B(1)

depreciable assets. On the other hand under Section 50B the asset has to be first classified between long term or short term capital asset and then for the purpose of Sections 48 and 49 net worth has to be computed in terms of explanation 1 of the said Section. The capital gain under Section 50B is the sale proceeds

Showing 1–20 of 268 · Page 1 of 14

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16
Section 153A16
Section 14716

ACEELERATED FREEZE DRYING CO.LTD,ALAPPUZHA vs. DCIT, ALAPPUZHA

In the result, the appeal of the Revenue is allowed and the appeal of the

ITA 1286/COCH/2005[2002-03]Status: DisposedITAT Cochin28 Jun 2019AY 2002-03

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

Section 143(3)Section 2Section 2(14)Section 42Section 50BSection 50B(1)

depreciable assets. On the other hand under Section 50B the asset has to be first classified between long term or short term capital asset and then for the purpose of Sections 48 and 49 net worth has to be computed in terms of explanation 1 of the said Section. The capital gain under Section 50B is the sale proceeds

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 provides additional depreciation only in the year in which the asset was put to use. 3. Deleting the disallowance made on account of claim of additional depreciation on the cost of acquisition of the effluent treatment plant. The AO has rightly disallowed this claim since the assessee has not claimed it in the return of income. 4. Deletion

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 provides additional depreciation only in the year in which the asset was put to use. 3. Deleting the disallowance made on account of claim of additional depreciation on the cost of acquisition of the effluent treatment plant. The AO has rightly disallowed this claim since the assessee has not claimed it in the return of income. 4. Deletion

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

In the result, the appeal by the assessee is dismissed

ITA 284/COCH/2024[2008-2009]Status: DisposedITAT Cochin27 May 2025AY 2008-2009

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

For Appellant: Shri Naresh C, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 115Section 142(1)Section 143(2)Section 143(3)Section 154Section 234BSection 234DSection 250

7 section 115-JAA of the Act. Subsequently, vide rectification order dated 11/02/2019, the AO denied the MAT credit granted earlier on the basis that from the perusal of the assessment records relating to the assessment years 2006-07 and 2007-08, it was noticed that though the return of income for these years were filed under the MAT provisions

THE ACIT, KOCHI vs. M/S.KUNNEL ENGINEERS & CONTRACTORS P. LTD, KOCHI

ITA 653/COCH/2019[2012-13]Status: DisposedITAT Cochin19 May 2020AY 2012-13

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

Section 43B

7. The CIT(A) failed to consider the fact that the land is not an asset on which depreciation can be claimed, as the assessee has claimed depreciation on undivided share of land treating them as cost paid towards building. 8. The CIT(A) ought to have considered the fact that the onus to establish the linkage between the borrowed

MUTHOOT HEALTHCARE P. LTD,KOZHENCHERRY vs. THE ACIT, , THIRUVALLA

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

ITA 413/COCH/2018[2015-16]Status: DisposedITAT Cochin08 Feb 2019AY 2015-16

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

Section 170Section 32(1)(ii)Section 47

depreciation with reference to the enhanced cost of the company. Therefore, he took the view that Explanation 3 to section 43(7

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)

7. We have heard the rival submissions and perused the material on record. As per the provisions of section 32(1)(iia) the eligible assessees are entitled for an additional depreciation

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

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

ITA 1/COCH/2020[2012-13]Status: DisposedITAT Cochin02 Mar 2020AY 2012-13

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

For Appellant: Sri.Iype JohnFor Respondent: Sri.Mritunjaya Sharma, Sr.DR
Section 10

section 10(31), the legislature wanted to give full deduction of cost of re-plantation of rubber under Rule 7 A(2), even though subsidy itself is not taxable. (xi) It is thus clear that Rule 7 A(2) of the Income Tax Rules 1962 provides for 100% deduction in respect of the expenditure incurred on cost of replanting rubber

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

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

ITA 2/COCH/2020[2013-14]Status: DisposedITAT Cochin02 Mar 2020AY 2013-14

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

For Appellant: Sri.Iype JohnFor Respondent: Sri.Mritunjaya Sharma, Sr.DR
Section 10

section 10(31), the legislature wanted to give full deduction of cost of re-plantation of rubber under Rule 7 A(2), even though subsidy itself is not taxable. (xi) It is thus clear that Rule 7 A(2) of the Income Tax Rules 1962 provides for 100% deduction in respect of the expenditure incurred on cost of replanting rubber

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

ITA 304/COCH/2017[2007-08]Status: DisposedITAT Cochin23 Oct 2024AY 2007-08

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Respondent: 22.08.2024
Section 115JSection 143(3)Section 80I

7, 10 & 6 substantive grounds; assessment year-wise, respectively seeks to treat the interest on passenger service fee deposit as assessee’s taxable income in the corresponding assessment years. We do not see any material in the case which could indicate that the impugned interest income have been accrued or received in assessee’s book so as to treated

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

ITA 193/COCH/2017[2012-13]Status: DisposedITAT Cochin23 Oct 2024AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Respondent: 22.08.2024
Section 115JSection 143(3)Section 80I

7, 10 & 6 substantive grounds; assessment year-wise, respectively seeks to treat the interest on passenger service fee deposit as assessee’s taxable income in the corresponding assessment years. We do not see any material in the case which could indicate that the impugned interest income have been accrued or received in assessee’s book so as to treated

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

ITA 167/COCH/2017[2011-12]Status: DisposedITAT Cochin23 Oct 2024AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Respondent: 22.08.2024
Section 115JSection 143(3)Section 80I

7, 10 & 6 substantive grounds; assessment year-wise, respectively seeks to treat the interest on passenger service fee deposit as assessee’s taxable income in the corresponding assessment years. We do not see any material in the case which could indicate that the impugned interest income have been accrued or received in assessee’s book so as to treated

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

ITA 166/COCH/2017[2010-11]Status: DisposedITAT Cochin23 Oct 2024AY 2010-11

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Respondent: 22.08.2024
Section 115JSection 143(3)Section 80I

7, 10 & 6 substantive grounds; assessment year-wise, respectively seeks to treat the interest on passenger service fee deposit as assessee’s taxable income in the corresponding assessment years. We do not see any material in the case which could indicate that the impugned interest income have been accrued or received in assessee’s book so as to treated

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

THE ACIT,CIR-1(1),, TRIVANDRUM vs. M/S.US TECHNOLOGY INTERNATIONAL P. LTD, TRIVANDRUM

In the result, both appeal of the Revenue and the Cross Objection of the

ITA 514/COCH/2019[2009-10]Status: DisposedITAT Cochin04 Dec 2019AY 2009-10

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

Section 10ASection 10A(5)Section 253(2)

depreciation for each of the relevant I.T(TP).A. No. 514Coch/2019 & C.O. No.47/Coch/2019 assessment year Sub-section 7 Transfer of goods

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

TAG CHEMICALS (INDIA) PRIVATE LTD,ERNAKULAM vs. ACIT CIRCLE 1(1) , TRIVANDRUM

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

ITA 678/COCH/2023[2016-17]Status: DisposedITAT Cochin27 Sept 2024AY 2016-17

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Tag Chemicals (India) Pvt. Ltd. Acit, Circle - 1(1) Kinfra Bio-Technology & Trivandrum Industrial Zone Vs. Thrikkakara North Part Hmt Colony, Ernakulam 683503 [Pan: Aacct8064G] (Appellant) (Respondent)

For Appellant: Shri P.V. Hariharan, CAFor Respondent: Smt. Girly Albert, Sr. D.R
Section 32Section 32(1)(ii)Section 37

7. On the other hand, the learned Sr. D.R. vehemently supported the orders of the authorities below. 8. We have heard the rival contentions of both the parties and perused the materials available on record. At the outset, we note that the Mumbai Tribunal in the case cited above has decided the matter involving identical facts and circumstances in favour

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

ITA 25/COCH/2014[2006-07]Status: DisposedITAT Cochin29 Jun 2022AY 2006-07

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am

For Appellant: Smt.Parvathy Ammal, CAFor Respondent: Smt.J.M.Jamunna Devi, Sr.DR
Section 32(1)(iia)

section provide that no deduction shall be allowed in respect of – (A) (B) (C) Any office appliances or road transport vehicle. (D) Therefore, once it has been established that there is manufacture, the question to be decided is whether the assets on which additional depreciation has been claimed by the assessee is plant or machinery and do not fall under

PLANT LIPIDS (P) LTD.,KADAYIRUPPU vs. DCIT , CORPORATE CIRCLE-2(1), KOCHI

In the result appeal filed by assessee stands allowed

ITA 598/COCH/2024[2020-21]Status: DisposedITAT Cochin19 May 2025AY 2020-21

Bench: Shri Inturi Rama Rao & Shri Keshav Dubeyassessmentyear:2020-21 Plant Lipids (P) Ltd. Kadayiruppu Po Kolenchery Dcit, Vs. Kerala 682 311 Corporate Circle-2(1) Kochi Pan No : Aabcp6061C Appellant Respondent Appellant By : Shri Thomson Thomas, A.R. Respondent By : Shri Sanjit Kumar Das, D.R. Date Of Hearing : 20.02.2025 Date Of Pronouncement : 19.05.2025 O R D E R Perkeshav Dubey: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Ao, Assessment Unit, Income Tax Department Dated 19.6.2024 Vide Din No.Itba/Ast/S/143(3)/2024- 25/1065876641(1) For The Ay 2020-21 Passed U/S 143(3) R.W.S. 144C(13) R.W.S. 144B Of The Income Tax Act, 1961 (In Short “The Act”). 2. The Assessee Has Raised Following Grounds Of Appeal: Plant Lipids (P) Ltd., Kolencherry, Kerala Page 2 Of 8

For Appellant: Shri Thomson Thomas, A.RFor Respondent: Shri Sanjit Kumar Das, D.R
Section 143(3)Section 144(1)Section 144CSection 80GSection 92C

depreciation and development rebate. • Section 35 grants deduction on expenditure for scientific research and knowledge extension in natural and applied sciences under agriculture, animal husbandry and fisheries. Payment to approved universities/research institutions or company also qualifies for deduction. In-house R&D is eligible for deduction, under this section. • Section 35CCD provides deduction for skill development projects, which constitute