M/S.US TECHNOLOGY INTERNATIONAL P. LTD,TRIVANDRUM vs. THE JCIT, TRIVANDRUM

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

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

3) matter of revision read with section proceedings under 147 section 263 is not covered under the reassessment order, the reassessment order cannot be considered for time limit purposes under section 263(2) of the Act. Ground No.2 - Without prejudice, revision proceedings have been initiated on account of issues that are neither erroneous nor prejudicial to the interests of revenue

THE ITO, COCHIN vs. M/S.PESCAINDE, COCHIN

In the result, the appeals of the Revenue as well as the Cross Objections of the

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

disallowed. I.T.A. Nos. 227-229/Coch/2019 & C.O. Nos. 26 to 28/Coch/2019 4.2 Regarding claim for exemption u/s. 10A, according to the Assessing Officer as per Section 10A(2) clauses (i) to (iii) in order to avail exemption under section 10A, the assessee has to fulfill the following conditions: Section 10A(2): This section applies to any undertaking which fulfills

THE ACIT, TRIVANDRUM vs. M/S. PARAGON BIOMEDICAL INDIA (P) LTD, TRIVANDRUM

In the result, the appeals filed by the Revenue are dismissed and the appeal filed

Bench: S/Shri P B Bansal & George George K, Jm

section 10A of the Act. It is ordered accordingly.” 4.6 In view of the above order of the Co-ordinate bench of the Tribunal, we hold that the CIT(A) is justified in allowing the alternative plea of the assessee u/s. 10A of the I.T. Act. It is ordered accordingly. 5. In the result, the appeals filed by the Revenue

M/S. CLINIPACE CLINICAL RESEARCH P. LTD(FORMERLY PARAGON BIO MEDICAL P. LTD,TRIVANDRUM vs. THE ACIT, TRIVANDRUM

In the result, the appeals filed by the Revenue are dismissed and the appeal filed

Bench: S/Shri P B Bansal & George George K, Jm

section 10A of the Act. It is ordered accordingly.” 4.6 In view of the above order of the Co-ordinate bench of the Tribunal, we hold that the CIT(A) is justified in allowing the alternative plea of the assessee u/s. 10A of the I.T. Act. It is ordered accordingly. 5. In the result, the appeals filed by the Revenue

THE ACIT, TRIVANDRUM vs. M/S. PARAGON BIOMEDICAL INDIA (P) LTD, TRIVANDRUM

In the result, the appeals filed by the Revenue are dismissed and the appeal filed

Bench: S/Shri P B Bansal & George George K, Jm

section 10A of the Act. It is ordered accordingly.” 4.6 In view of the above order of the Co-ordinate bench of the Tribunal, we hold that the CIT(A) is justified in allowing the alternative plea of the assessee u/s. 10A of the I.T. Act. It is ordered accordingly. 5. In the result, the appeals filed by the Revenue

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

disallowed the amount. The learned CIT(A), after considering the judgement quoted in his order, allowed the appeal of the assessee. 4. Considering the rival submissions we observed that the CIT(A) has decided the issue as under: - “8. I have considered the issue, arguments advanced and the case laws cited. Apparently, it is not in dispute that the payments

M/S.ALLIANZ CORNHILL INFORMATION SERVICES P. LTD,TRIVANDRUM vs. JTCIT, TRIVANDRUM

In the result, the appeal of the assessee is partly allowed and the

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Assessment Year : 2010-11

disallowing the deduction under section 10B of the Act, has erred in law and on facts in not allowing the alternate claim of deduction under section 10A of the Act, which is para materia as that of section 10B of the Act, made by the Assessee in the course of assessment proceedings. Without prejudice to the above, the learned JCIT

THE JT CIT, TRIVANDRUM vs. ALLIANZ CORNHILL INFORMATION SERVICES P. LTD, TRIVANDRUM

In the result, the appeal of the assessee is partly allowed and the

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Assessment Year : 2010-11

disallowing the deduction under section 10B of the Act, has erred in law and on facts in not allowing the alternate claim of deduction under section 10A of the Act, which is para materia as that of section 10B of the Act, made by the Assessee in the course of assessment proceedings. Without prejudice to the above, the learned JCIT

KRYTHIUM SOLUTIONS P.LTD,KOCHI vs. THE ACIT, KOCHI

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

Bench: Shri George George K

Section 143(3) of the Act, the rejection of the entire claim in re-assessment proceeding becomes bad in law. (Refer: Hi-Tech Outsourcing Services v. CIT - Judgment dated 18.09.2018 by the High Court of Gujarat)” 6. The learned Departmental Representative, on the other hand, submitted that the alternative claim u/s 10A of the I.T.Act was not made before

KRYTHIUM SOLUTIONS P.LTD,KOCHI vs. THE ACIT, KOCHI

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

Bench: Shri George George K

Section 143(3) of the Act, the rejection of the entire claim in re-assessment proceeding becomes bad in law. (Refer: Hi-Tech Outsourcing Services v. CIT - Judgment dated 18.09.2018 by the High Court of Gujarat)” 6. The learned Departmental Representative, on the other hand, submitted that the alternative claim u/s 10A of the I.T.Act was not made before

KRYTHIUM SOLUTIONS P.LTD,KOCHI vs. THE ACIT, KOCHI

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

Bench: Shri George George K

Section 143(3) of the Act, the rejection of the entire claim in re-assessment proceeding becomes bad in law. (Refer: Hi-Tech Outsourcing Services v. CIT - Judgment dated 18.09.2018 by the High Court of Gujarat)” 6. The learned Departmental Representative, on the other hand, submitted that the alternative claim u/s 10A of the I.T.Act was not made before

KRYTHIUM SOLUTIONS P.LTD,KOCHI vs. THE ACIT, KOCHI

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

Bench: Shri George George K

Section 143(3) of the Act, the rejection of the entire claim in re-assessment proceeding becomes bad in law. (Refer: Hi-Tech Outsourcing Services v. CIT - Judgment dated 18.09.2018 by the High Court of Gujarat)” 6. The learned Departmental Representative, on the other hand, submitted that the alternative claim u/s 10A of the I.T.Act was not made before

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

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

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

3, CIT v. Amrit Banaspati [2002] 255 ITR 117 and CIT v. Alom Enterprises Ltd. [2009] 319 ITR 306. 30. Hence, in light of the forgoing discussion and the binding effect of the judgment given in Allied Moters (supra), we are of the view that the amended provision of See 40(a)(ia) of the IT Act should be interpreted

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

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

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

3, CIT v. Amrit Banaspati [2002] 255 ITR 117 and CIT v. Alom Enterprises Ltd. [2009] 319 ITR 306. 30. Hence, in light of the forgoing discussion and the binding effect of the judgment given in Allied Moters (supra), we are of the view that the amended provision of See 40(a)(ia) of the IT Act should be interpreted

APTIV CONNECTION SYSTEMS INDIA PRIVATE LIMITED,KOCHI, KERALA vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CORPORATE CIRCLE 1(1), KOCHI, ERNAKULAM, KERALA

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

section 148 for A.Y.2009-10 are as 1. Brought forward losses of A.Y. 2008-09 have not been correctly declared by the assessee in the return. 2. The Assessee has claimed deduction u/s 10A of Rs.40,96,155/- from business loss of Rs.24,20,60,716/- which is not proper. 3. Additional depreciation of Rs.17,73,077/- has been claimed

APTIV CONNECTION SYSTEMS INDIA PRIVATE LIMITED,KOCHI, KERALA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(1), KOCHI, KERALA

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

section 148 for A.Y.2009-10 are as 1. Brought forward losses of A.Y. 2008-09 have not been correctly declared by the assessee in the return. 2. The Assessee has claimed deduction u/s 10A of Rs.40,96,155/- from business loss of Rs.24,20,60,716/- which is not proper. 3. Additional depreciation of Rs.17,73,077/- has been claimed

APTIV CONNECTION SYSTEMS INDIA PRIVATE LIMITED,KOCHI, KERALA vs. DEPUTY COMMISSIONER OF INCOME-TAX, CORPORATE CIRCLE 1(1), ERNAKULAM, KERALA

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

section 148 for A.Y.2009-10 are as 1. Brought forward losses of A.Y. 2008-09 have not been correctly declared by the assessee in the return. 2. The Assessee has claimed deduction u/s 10A of Rs.40,96,155/- from business loss of Rs.24,20,60,716/- which is not proper. 3. Additional depreciation of Rs.17,73,077/- has been claimed

THE KADAVALUR SERVICE COOPERATIVE BANK LIMITED NO3821,THRISSUR vs. THE INCOME TAX OFFICER, WARD 1, GURUVAYUR

In the result, the appeal and Stay Application filed by the assessee are dismissed

Bench: Shri Sanjay Arora, Am & Ms. Kavitha Rajagopal, Jm & Stay Application No. 150/Coch/2023 (Arising Out Of Ita No. 637/Coch/2023 (Assessment Year: 2008-09)

disallowance made by the ld. A.O. on this ground. It is pertinent to point out that the first appellate authority has not decided the section 80P deduction on the merits as to whether the assessee is a Co-operative Bank or a PACS as claimed by the assessee. The assessee, on the other hand, contended that