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253 results for “disallowance”+ Section 139(9)clear

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Key Topics

Section 80P74Section 25071Addition to Income44Section 139(1)43Section 14836Deduction36Section 143(3)33Section 12A30Section 80A(5)22Disallowance

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

139(9) to the assesse calling assesse to rectify the aforesaid defect. It is also an admitted position that the audited accounts and tax- audit return was filed by the assesse during the course of assessment proceedings, albeit the assesse did not file revised return of income. Further, as held by Hon’ble Bombay High Court in the case

Showing 1–20 of 253 · Page 1 of 13

...
20
Section 80A19
Exemption15

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)

disallowed all these payments by invoking provisions of section 40(a)(ia) of the Act. The CBDT vide circular No.715 dated 8.8.1995 has also clarified that sections 194C and 194J refer to any sum paid. Thus as TDS is to be deducted on `any sum paid’; hence it does not make any difference as to whether the sum is paid

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)

disallowed all these payments by invoking provisions of section 40(a)(ia) of the Act. The CBDT vide circular No.715 dated 8.8.1995 has also clarified that sections 194C and 194J refer to any sum paid. Thus as TDS is to be deducted on `any sum paid’; hence it does not make any difference as to whether the sum is paid

M/S.MUKKAM MEGA MULTIPURPOSE CO-OP SOCEITY LTD,KOZHIKKODE vs. THE ITO, KOZHIKKODE

In the result, the appeal by the assessee is allowed for statistical purposes and the stay petition is dismissed

ITA 952/COCH/2022[2019-20]Status: DisposedITAT Cochin08 Mar 2023AY 2019-20

Bench: Shri George George K. & Ms. Padmavathy S.

For Appellant: Shri Johnson George, CAFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 139(1)Section 139(4)Section 143(1)(a)Section 154Section 80Section 80ASection 80PSection 80P(2)

9 (v) disallowance of deduction claimed under 69[section 10AA or under any of the provisions of Chapter VI-A under the heading "C.—Deductions in respect of certain incomes", if] the return is furnished beyond the due date specified under sub- section (1) of section 139

REENA ENGINEERS AND CONTRACTORS PRIVATE LTD,PANAJI vs. ACIT, CENTRAL CIRCLE-1, CALICUT

In the result, the appeals filed by the assessee stand partly

ITA 267/COCH/2021[2012-2013]Status: DisposedITAT Cochin31 Jul 2025AY 2012-2013

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri G. Surendranath Rao, CAFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 139(1)Section 143Section 143(3)Section 153Section 153ASection 80

139(1) and further, the said claim should be made in the return furnished. Further, in order to claim deduction under section 80IA(4), as per section 80IA(7), furnishing of the audit report on or before the specified date referred to in section 44AB is mandatory and not directory as argued by the assessee. [Para 32] ■ In this view

REENA ENGINEERS AND CONTRACTORS PRIVATE LTD,PANAJI vs. ACIT, CENTRAL CIRCLE-1, CALICUT

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

ITA 269/COCH/2021[2015-2016]Status: DisposedITAT Cochin31 Jul 2025AY 2015-2016

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri G. Surendranath Rao, CAFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 139(1)Section 143Section 143(3)Section 153Section 153ASection 80

139(1) and further, the said claim should be made in the return furnished. Further, in order to claim deduction under section 80IA(4), as per section 80IA(7), furnishing of the audit report on or before the specified date referred to in section 44AB is mandatory and not directory as argued by the assessee. [Para 32] ■ In this view

REENA ENGINEERS AND CONTRACTORS PRIVATE LTD,PANAJI vs. ACIT, CENTRAL CIRCLE-1, CALICUT

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

ITA 270/COCH/2021[2016-2017]Status: DisposedITAT Cochin31 Jul 2025AY 2016-2017

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri G. Surendranath Rao, CAFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 139(1)Section 143Section 143(3)Section 153Section 153ASection 80

139(1) and further, the said claim should be made in the return furnished. Further, in order to claim deduction under section 80IA(4), as per section 80IA(7), furnishing of the audit report on or before the specified date referred to in section 44AB is mandatory and not directory as argued by the assessee. [Para 32] ■ In this view

REENA ENGINEERS AND CONTRACTORS PRIVATE LTD,PANAJI vs. ACIT, CENTRAL CIRCLE-1, CALICUT

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

ITA 268/COCH/2021[2013-2014]Status: DisposedITAT Cochin31 Jul 2025AY 2013-2014

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri G. Surendranath Rao, CAFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 139(1)Section 143Section 143(3)Section 153Section 153ASection 80

139(1) and further, the said claim should be made in the return furnished. Further, in order to claim deduction under section 80IA(4), as per section 80IA(7), furnishing of the audit report on or before the specified date referred to in section 44AB is mandatory and not directory as argued by the assessee. [Para 32] ■ In this view

REENA ENGINEERS AND CONTRACTORS PRIVATE LTD,PANAJI vs. ACIT, CENTRAL CIRCLE-1, CALICUT

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

ITA 271/COCH/2021[2014-2015]Status: DisposedITAT Cochin31 Jul 2025AY 2014-2015

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri G. Surendranath Rao, CAFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 139(1)Section 143Section 143(3)Section 153Section 153ASection 80

139(1) and further, the said claim should be made in the return furnished. Further, in order to claim deduction under section 80IA(4), as per section 80IA(7), furnishing of the audit report on or before the specified date referred to in section 44AB is mandatory and not directory as argued by the assessee. [Para 32] ■ In this view

KOODARANHI REGIONAL AGRICULTURAL WELFARE CO-OP SOCIETY LTD,KOZHIKKODE vs. THE ITO, KOZHIKKODE

In the result, the appeal by the assessee is allowed for statistical purposes and the stay petition is dismissed

ITA 953/COCH/2022[2019-20]Status: DisposedITAT Cochin08 Mar 2023AY 2019-20

Bench: Shri George George K. & Ms. Padmavathy S.

For Appellant: Shri Johnson George, CAFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 139(1)Section 139(4)Section 143(1)Section 80Section 80ASection 80PSection 80P(2)Section 80P(2)(a)

disallowance of deduction claimed under 69[section 10AA or under any of the provisions of Chapter VI-A under the heading "C.—Deductions in respect of certain incomes", if] the return is furnished beyond the due date specified under sub- section (1) of section 139; or SP No.77/Coch/2022 & ITA No.953/Coch/2022 Page 6 of 9

KADAVATHUR SERVICE CO-OPERATIV BANK LTD ,KADAVATHUR vs. ACIT, WARD-2, KANNUR

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

ITA 213/COCH/2024[2015-2016]Status: DisposedITAT Cochin29 Nov 2024AY 2015-2016

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Arun Raj, AdvocateFor Respondent: Smt.Leena Lal, Senior AR
Section 139(1)Section 139(4)Section 142(1)Section 148Section 80(5)Section 80ASection 80A(5)Section 80P

disallowed by the Assessing Officer /CPC on the ground that the assessee has filed the return of income u/s.139(4) of the Act, meaning thereby the 2 ITA No.213/Coch/2024. Kadavathur SCB Limited assessee has filed belated return, and hence, not entitled for the deduction u/s.80P of the Act. 3. Aggrieved with the order of the CPC, the assessee filed

HI-LITE BUILDERS PRIVATE LIMITED ,KOZHIKODE vs. DCIT, CENTRAL CIRCLE-1, KOZHIKODE, KOZHIKODE

In the result, the appeal by the assessee is allowed

ITA 620/COCH/2022[2009-2010]Status: DisposedITAT Cochin20 Jan 2023AY 2009-2010

Bench: Smt. Beena Pillai & Ms. Padmavathy S.Assessment Year : 2009-10

For Appellant: Mr. Shameem Ahamed, AdvocateFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 139Section 143(3)Section 263Section 40

section 40(a)(ia) is retrospective in nature. The ld AR submitted that the assessee has deposited the tax deducted in the month of May, 2009 to July, 2009 i.e., before the due date for filing the return of income u/s. 139(1) and therefore according to the amended provisions, no disallowance is warranted u/s. 40(a)(ia). 9

AROOR CO-OP URBAN SOCIETY LTD,KOZHIKKODE vs. ITO, KOZHIKKODE

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

ITA 188/COCH/2021[2016-17]Status: DisposedITAT Cochin27 Jun 2022AY 2016-17

Bench: Shrigeorge George K.And Shrilaxmi Prasad Sahuaroor Co-Operative Urbn Society Dcit, Central Prossing Centre Aroor P.O., Kakkattil 673507 Bangalore Vs.

For Appellant: Shri V.S. Narayanan, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 143Section 143(1)Section 143(1)(a)Section 80P

disallowance cannot be made under Section 143(1)(a) of the Act. 6. We further observe that Section 80AC(ii) has been amended by the Finance Act, 2018, w.e.f. 01.04.2018. The case before us is related to AY 2016-17. Accordingly the amendment will not apply in this case for the impugned assessment year. A similar issue has been decided

THE PARAKODE SERVICE CO-OP BANK LTD,ADOOR vs. THE ITO,, KOLLAM

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

ITA 115/COCH/2021[2019-20]Status: DisposedITAT Cochin30 Jun 2022AY 2019-20

Bench: Shri George George K. & Shri Laxmi Prasad Sahuthe Parakode Service Co-Op. The Income Tax Officer Bank Ltd. Ward 4, Aayakar Bhavan Vs. Parakode, Adoor Karbala Junction Pathanamthitta 691554 Kollam 691001 Pan – Aaajt1587B Appellant Respondent

For Appellant: NoneFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 139(1)Section 143(1)Section 143(1)(a)Section 36(1)(va)Section 43BSection 80ASection 80P

139(1) of the Act. We observe that the questions raised by the assessee as per his grounds of appeal has been very much answered by the Hon’ble Madras High Court in the case of AA520 Veerappampalayam Primary 6 The Parakode Service Co-Op. Bank Ltd. Agricultural Cooperative Credit Society Ltd. Vs DCIT (2022) 138 taxmann.com 571 (Madras) where

AMBALAPPUZHA SERVICE CO-OPERATIVE SOCIETY LTD,AMBALAPPUZHA vs. ITO, WARD -2, ALAPPUZHA

In the result, the appeal filed by the assessee stands partly allowed the and stay application stands dismissed

ITA 373/COCH/2025[2015-16]Status: DisposedITAT Cochin23 Jun 2025AY 2015-16

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm & Sa No. 53/Coch/2025 Assessment Year: 2015-16 Ambalapuzha Service Co-Op. Bank Ltd. .......... Appellant Kakkazham, Vandanam, Alappuzha 688005 [Pan: Aacak0787F] Vs. The Income Tax Officer. Ward-2, Alappuzha .......... Respondent Appellant By: Shri Suresh Kumar Varma, Ca Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 30.05.2025 Date Of Pronouncement: 23.06.2025

For Appellant: Shri Suresh Kumar Varma, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 139(1)Section 147Section 148Section 41(1)Section 68Section 69ASection 80ASection 80A(5)Section 80P

139(1) of the IT Act. In other words, the pre-condition for claiming the deduction under Section 80P of the IT Act has now been made more stringent by reducing the time available to an assessee for making the claim.” In the light of this decision of the Hon'ble Jurisdictional High Court, we are of the considered opinion

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

section 43B(b) and therefore allowable as deduction on payment basis, if paid before the due date u/s 139(1). Accordingly we wish to inform you that, all payments were done before the due date under 139(1). The said date for the assessment year 2018/19 was 30/09/2018.” 7. On the other hand, the ld. DR supported the order

THE KATTOOR SERVICE COOPERATIVE BANK LIMITED,THRISSUR vs. INCOME TAX OFFICER, WARD 2(1), THRISSUR, THRISSUR

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

ITA 559/COCH/2025[2014-15]Status: DisposedITAT Cochin26 Aug 2025AY 2014-15

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm

For Appellant: Shri Amaljith P.J., CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 139(1)Section 142(1)Section 144Section 147Section 148Section 250Section 271(1)(c)Section 69ASection 80P

139(1) of the Income Tax Act, 1961 (the Act) was filed by the appellant for AY 2014-15. However, the National Faceless Assessment Centre (hereinafter called "the AO"), based on the information that the appellant made cash deposit formed an opinion that income escaped assessment to tax. Accordingly, a notice u/s. 148 of the Act was issued

THE KATTOOR SERVICE COOPERATIVE BANK LIMITED,THRISSUR vs. INCOME TAX OFFICER, WARD 2(1), THRISSUR, THRISSUR

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

ITA 561/COCH/2025[2016-17]Status: DisposedITAT Cochin26 Aug 2025AY 2016-17

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm

For Appellant: Shri Amaljith P.J., CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 139(1)Section 142(1)Section 144Section 147Section 148Section 250Section 271(1)(c)Section 69ASection 80P

139(1) of the Income Tax Act, 1961 (the Act) was filed by the appellant for AY 2014-15. However, the National Faceless Assessment Centre (hereinafter called "the AO"), based on the information that the appellant made cash deposit formed an opinion that income escaped assessment to tax. Accordingly, a notice u/s. 148 of the Act was issued

THE KATTOOR SERVICE COOPERATIVE BANK LIMITED,THRISSUR vs. INCOME TAX OFFICER, WARD 2(1), THRISSUR, THRISSUR

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

ITA 560/COCH/2025[2015-16]Status: DisposedITAT Cochin26 Aug 2025AY 2015-16

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm

For Appellant: Shri Amaljith P.J., CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 139(1)Section 142(1)Section 144Section 147Section 148Section 250Section 271(1)(c)Section 69ASection 80P

139(1) of the Income Tax Act, 1961 (the Act) was filed by the appellant for AY 2014-15. However, the National Faceless Assessment Centre (hereinafter called "the AO"), based on the information that the appellant made cash deposit formed an opinion that income escaped assessment to tax. Accordingly, a notice u/s. 148 of the Act was issued

KULASEKHARAPURAM SERVICE COOPERATIVE BANK LTD NO.995,KOLLAM vs. ITO, WARD-5, ALAPPUZHA

In the result, ITA No. 781/Coch/2024 is dismissed and ITA Nos

ITA 782/COCH/2024[2017-18]Status: DisposedITAT Cochin04 Feb 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 139Section 139(1)Section 142(1)Section 144Section 148Section 80ASection 80A(5)Section 80P

139(1) of the IT Act. In other words, the pre-condition for claiming the deduction under Section 80P of the IT Act has now been made more stringent by reducing the time available to an assessee for making the claim.” Respectfully following the decision of the Hon'ble Jurisdictional High Court we hold that the assessee is not entitled