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16 results for “disallowance”+ Section 195clear

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Key Topics

Section 4015Addition to Income14Section 143(3)13Deduction12Section 1111Section 19511Disallowance8TDS8Section 12A6Section 43B

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

Section 195 of the Act being the payment in question does not give rise to or constitute income, which is chargeable to tax in India either on account of provisions of the Act or provisions contained in DTAA. 6. On the facts and circumstances of the case and in law, the learned AO erred in disallowing

5
Section 10B5
Exemption5

MUTHOOT FINCORP LIMITED,TRIVANDRUM vs. ITO,CIRCLE CENTRAL, TRIVANDRUM

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

ITA 496/COCH/2025[2010-2011]Status: DisposedITAT Cochin22 Aug 2025AY 2010-2011

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

For Appellant: Shri R. Krishnan, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 148Section 194CSection 40

disallowance of charges paid to MPCMS towards professional charges made by the appellant for non deduction of tax at source on such payments invoking provisions of section 40(a)(ia) of the Act. 11. Brief facts of the case are that the appellant had engaged services of an organization called MPCMS for rendering professional services in terms of agreement entered

MUTHOOT FINCORP LIMITED,THIRUVANANTHAPURAM vs. JCIT, SPECIAL RANGE, THIRUVANANTHAPURAM

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

ITA 465/COCH/2025[2013-2014]Status: DisposedITAT Cochin22 Aug 2025AY 2013-2014

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

For Appellant: Shri R. Krishnan, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 148Section 194CSection 40

disallowance of charges paid to MPCMS towards professional charges made by the appellant for non deduction of tax at source on such payments invoking provisions of section 40(a)(ia) of the Act. 11. Brief facts of the case are that the appellant had engaged services of an organization called MPCMS for rendering professional services in terms of agreement entered

MUTHOOT FINCORP LIMITED,THIRUVANANTHAPURAM vs. JCIT, SPECIAL RANGE, THIRUVANANTHAPURAM

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

ITA 464/COCH/2025[2006-2007]Status: DisposedITAT Cochin22 Aug 2025AY 2006-2007

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

For Appellant: Shri R. Krishnan, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 148Section 194CSection 40

disallowance of charges paid to MPCMS towards professional charges made by the appellant for non deduction of tax at source on such payments invoking provisions of section 40(a)(ia) of the Act. 11. Brief facts of the case are that the appellant had engaged services of an organization called MPCMS for rendering professional services in terms of agreement entered

THE ITO,, ALAPPUZHA vs. M/S.EXTRAWEAVE P. LTD, ALAPPUZHA

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

ITA 448/COCH/2016[2010-11]Status: DisposedITAT Cochin24 Jun 2022AY 2010-11

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

For Appellant: Shri R. Krishan, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 10BSection 10B(3)Section 143(2)Section 195Section 195(6)Section 40

disallowance of Rs. 55,78,022/- u/s 40(a)(ia) is not warranted even though the assessee neither deducted tax at source from the payments made to non- residents nor did it file the declaration as required under section 195

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

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 of M/s P R Packaging Services [supra]. We find that

M/S SAFA ENTERPRISES ,KODUNGALLUR vs. THE ACIT , RANGE 2 ,CIRCLE 1, THRISSUR

In the result, both the appeals filed by the assessee are allowed

ITA 232/COCH/2023[2013-14]Status: DisposedITAT Cochin26 Sept 2024AY 2013-14

Bench: Shri Waseem Ahmed & Shri Soundararajan K.

For Appellant: ------- None ------For Respondent: Smt. Girly Albert, Sr. D.R
Section 195Section 195(2)Section 40Section 5(2)(b)

195 r.w.s. 40(a)(i) of the Income Tax Act, 1961 (the Act) for the AYs2010-11 and 2013-14. Therefore, the AO disallowed the same by adding to the total income of the assessee. Aggrieved, assessee preferred appeal to the learned CIT(A) who has confirmed the order of the AO by observing as under

M/S SAFA ENTERPRISES ,KODUNGALLUR vs. THE ACIT , RANGE 2 , THRISSUR

In the result, both the appeals filed by the assessee are allowed

ITA 231/COCH/2023[2010-11]Status: DisposedITAT Cochin26 Sept 2024AY 2010-11

Bench: Shri Waseem Ahmed & Shri Soundararajan K.

For Appellant: ------- None ------For Respondent: Smt. Girly Albert, Sr. D.R
Section 195Section 195(2)Section 40Section 5(2)(b)

195 r.w.s. 40(a)(i) of the Income Tax Act, 1961 (the Act) for the AYs2010-11 and 2013-14. Therefore, the AO disallowed the same by adding to the total income of the assessee. Aggrieved, assessee preferred appeal to the learned CIT(A) who has confirmed the order of the AO by observing as under

INDIA GATEWAY TERMINAL PRIVATE LIMITED ,ICTT, VALLARPADAM vs. THE JOINT COMMISSIONER OF INCOME TAX (OSD), CIRCLE 1(2), KOCHI, KOCHI

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

ITA 546/COCH/2023[2009-10]Status: DisposedITAT Cochin11 Feb 2025AY 2009-10

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

For Appellant: Ms. Remya S. Menon, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(1)Section 14ASection 195Section 40

disallowance or the management fees payable to M/s. Dubai Port World of Rs. 2,93,59,617/- on the ground that the appellant had failed to deduct tax at source under the provisions of section 195

INDIA GATEWAY TERMINAL PRIVATE LIMITED,ICTT, VALLARPADAM vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(2), KOCHI, KOCHI

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

ITA 545/COCH/2023[2007-08]Status: DisposedITAT Cochin11 Feb 2025AY 2007-08

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

For Appellant: Ms. Remya S. Menon, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(1)Section 14ASection 195Section 40

disallowance or the management fees payable to M/s. Dubai Port World of Rs. 2,93,59,617/- on the ground that the appellant had failed to deduct tax at source under the provisions of section 195

KIZHAKKANIKODE THANKAPPAN MANOJKUMAR,PALAKKAD vs. DCIT(INTERNATIONAL TAXATION), KOCHI

In the result, the appeal filed by the assessee for assessment year 2013-2014 is partly allowed for statistical purposes and the appeal for assessment year 2014-2015 is allowed

ITA 227/COCH/2024[2013-2014]Status: DisposedITAT Cochin21 Oct 2024AY 2013-2014

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Sri.Shivadas Chettoor, CAFor Respondent: Smt.Girly Albert, Sr.DR
Section 143(3)Section 37(1)

195 (Kar), wherein it was held as under: “For giving the benefit of section 36(1)(iii) to the assessee, what is necessary to examine is whether the assessee has used the borrowed capital for the purpose of business. If that is found true, then one need not examine further as to whether the asset purchased from the borrowed capital

KIZHAKKANIKODE THANKAPPAN MANOJKUMAR,PALAKKAD vs. DCIT(INTERNATIONAL TAXATION), KOCHI

In the result, the appeal filed by the assessee for assessment year 2013-2014 is partly allowed for statistical purposes and the appeal for assessment year 2014-2015 is allowed

ITA 228/COCH/2024[2014-2015]Status: DisposedITAT Cochin21 Oct 2024AY 2014-2015

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Sri.Shivadas Chettoor, CAFor Respondent: Smt.Girly Albert, Sr.DR
Section 143(3)Section 37(1)

195 (Kar), wherein it was held as under: “For giving the benefit of section 36(1)(iii) to the assessee, what is necessary to examine is whether the assessee has used the borrowed capital for the purpose of business. If that is found true, then one need not examine further as to whether the asset purchased from the borrowed capital

M/S.FILM DISTRIBUTORS ASSOCIATION,COCHIN vs. THE ACIT (EXEMPTION), COCHIN

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

ITA 120/COCH/2023[2017-18]Status: DisposedITAT Cochin28 Nov 2024AY 2017-18

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Assessment Year : 2017-18

For Appellant: Shri P M Veeramani, CAFor Respondent: Smt. Girly Albert, Snr. DR
Section 11Section 12ASection 139

disallowance made by the AO is not Page 2 of 5 correct when the assessee is having a valid registration u/s. 12A of the Act, therefore eligible for exemption u/s. 11 of the Act. The assessee further contended that the audit report in Form 10B was available as on 15/06/2017. But unfortunately, the assessee had by oversight failed to upload

INFOPARKS KERALA,TRIVANDRUM vs. THE JT DIRECTOR OF IT (OSD) EXEM), COCHIN

In the result, the assessee’s appeals are partly allowed

ITA 75/COCH/2015[2009-10]Status: DisposedITAT Cochin11 Aug 2023AY 2009-10

Bench: Shri Sanjay Arora, Am & Shri Aby T. Varkey, Jm

For Appellant: Sri. Rajakannan, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr.AR
Section 11Section 11(1)Section 12ASection 143(3)Section 2(15)

disallowance thereof would obtain for years prior to AY 2015-2016. 4. We have heard the parties, and perused the material on record. 4.1 Taking the first issue, the Revenue’s understanding of the amended s. 2(15) stands endorsed by the Apex Court in Ahmedabad Urban Development Authority 3 ITA Nos.75-77/Coch/2015 (AYs. 2009-10 to 11-12) Infopark Kerala

INFOPARKS KERALA,COCHIN vs. THE ACIT, COCHIN

In the result, the assessee’s appeals are partly allowed

ITA 77/COCH/2015[2011-12]Status: DisposedITAT Cochin11 Aug 2023AY 2011-12

Bench: Shri Sanjay Arora, Am & Shri Aby T. Varkey, Jm

For Appellant: Sri. Rajakannan, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr.AR
Section 11Section 11(1)Section 12ASection 143(3)Section 2(15)

disallowance thereof would obtain for years prior to AY 2015-2016. 4. We have heard the parties, and perused the material on record. 4.1 Taking the first issue, the Revenue’s understanding of the amended s. 2(15) stands endorsed by the Apex Court in Ahmedabad Urban Development Authority 3 ITA Nos.75-77/Coch/2015 (AYs. 2009-10 to 11-12) Infopark Kerala

INFOPARKS KERALA,TRIVANDRUM vs. THE JT DIRECTOR OF IT (OSD) EXEM), COCHIN

In the result, the assessee’s appeals are partly allowed

ITA 76/COCH/2015[2010-11]Status: DisposedITAT Cochin11 Aug 2023AY 2010-11

Bench: Shri Sanjay Arora, Am & Shri Aby T. Varkey, Jm

For Appellant: Sri. Rajakannan, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr.AR
Section 11Section 11(1)Section 12ASection 143(3)Section 2(15)

disallowance thereof would obtain for years prior to AY 2015-2016. 4. We have heard the parties, and perused the material on record. 4.1 Taking the first issue, the Revenue’s understanding of the amended s. 2(15) stands endorsed by the Apex Court in Ahmedabad Urban Development Authority 3 ITA Nos.75-77/Coch/2015 (AYs. 2009-10 to 11-12) Infopark Kerala