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53 results for “disallowance”+ Section 197clear

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Key Topics

Addition to Income42Section 143(3)26Section 4019Section 14A15Section 80I15Deduction14Capital Gains9Section 2(24)(vi)8Section 488Section 80P

VAM GROUP HI-TECH ENGINEERING PRIVATE LIMITED,ALAPPUZHA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, ALAPPUZHA, ALAPPUZHA

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

ITA 346/COCH/2024[2012-13]Status: DisposedITAT Cochin26 Sept 2024AY 2012-13

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Vam Group Hi-Tech Engineering Dcit, Circle - 1 Pvt. Ltd. Alappuzha X/685, Vam House, Vs. Pathirappally P.O., Alappuzha 688521 [Pan: Aaacv6606N] (Appellant) (Respondent)

For Appellant: Shri R. KrishnanFor Respondent: Smt. Girly Albert, Sr. D.R
Section 10(34)Section 14A

disallowance ultimately directed works out to nearly 110% of that sum, i.e., Rs. 52,56,197/-. By no stretch of imagination can section

SRI.V.J.FRANCIS M/S.LISCO COIR TEX,ALAPPUZHA vs. THE ACIT,, ALAPPUZHA

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

Showing 1–20 of 53 · Page 1 of 3

8
Disallowance8
Section 1486
ITA 65/COCH/2019[2012-13]Status: DisposedITAT Cochin22 Mar 2019AY 2012-13

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

For Appellant: Written submission by Smt.Lakshmi N., CAFor Respondent: Smt.A.S.Bindhu, Sr.DR
Section 143(3)Section 17(2)Section 192Section 194Section 40

197 for the reason that the assessee had failed to deduct tax at source on this amount. The only contention raised by the assessee is that since payee had paid ITA Nos.64 & 65/Coch/2019 10 Sri.V.J.Francis. taxes, there cannot be any disallowance in view of second proviso to section

SRI.V.J.FRANCIS M/S.LISCO COIR TEX,ALAPPUZHA vs. THE ACIT,, ALAPPUZHA

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

ITA 64/COCH/2019[2010-11]Status: DisposedITAT Cochin22 Mar 2019AY 2010-11

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

For Appellant: Written submission by Smt.Lakshmi N., CAFor Respondent: Smt.A.S.Bindhu, Sr.DR
Section 143(3)Section 17(2)Section 192Section 194Section 40

197 for the reason that the assessee had failed to deduct tax at source on this amount. The only contention raised by the assessee is that since payee had paid ITA Nos.64 & 65/Coch/2019 10 Sri.V.J.Francis. taxes, there cannot be any disallowance in view of second proviso to section

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,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 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

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

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

SUD CHEMIE INDIA PRIVATE LIMITED,ALUVA vs. DCIT, CORPORATE CIRCLE 2(1), ERNAKULAM

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

ITA 970/COCH/2024[2013-14]Status: DisposedITAT Cochin09 Apr 2025AY 2013-14

Bench: Shri George George K, Vice- & Shri Inturi Rama Rao

For Appellant: Sri.Radhesh Bhatt, CAFor Respondent: Smt.Leena Lal, Sr.AR
Section 10(34)Section 143(3)Section 14ASection 250

section 14A is only to the extent of disallowing expenditure incurred by the assessee in relation to the exempt income. This proportion or portion of the tax exempt income surely cannot swallow the entire amount. In this case, admittedly, the assessee has earned dividend income of Rs.4,000 from investment in shares of Canara Bank, whereas the A.O. has determined

APOLLO TYRES LTD.,COCHIN vs. DCIT CORPORATE CIR 1(1), KOCHI

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

ITA 679/COCH/2024[2020-21]Status: DisposedITAT Cochin10 Sept 2025AY 2020-21

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm Assessment Year: 2020-21 Apollo Tyres Ltd. .......... Appellant 3Rd Floor, Areekal Mansion, Panampilly Nagar, Kochi 682036 [Pan: Aaaca6990Q] Vs. Acit, 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: 10.09.2025

For Appellant: Shri Abraham Joseph Markos, AdvFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 115JSection 143(3)Section 154Section 35Section 92C

disallowance of Rs. 35,28,65,197/- being R&D Revenue Expense and Rs. 1,40,38,500/- being R&D Capital Expense claimed under section

KK RADHAKRISHNAN,KANNUR vs. DCIT CENTRAL CIRCLE 2, KOZHIKODE

In the result, appeal of the assessee is dismissed

ITA 517/COCH/2023[2007-08]Status: DisposedITAT Cochin04 Aug 2025AY 2007-08
For Appellant: \nShri Arun Raj S, AdvocateFor Respondent: \nShri Suresh Sivanandan, CIT-DR
Section 132Section 153ASection 153DSection 69C

197\n271(1)(c)\n2010-11\n8,11,240\n10,71,240\n271(1)(c)\n2011-12\n9,99,970\n9,99,970\nNil\n2012-13\n20,47,120\n22,47,120 271(1)(c)\nYours faithfully,\n(Dr. SANJAY JOSEPH)\nJoint Commissioner of Income Tax,\nCentral Range, Ernakulam\n10.\nThe above communication is nothing but a covering letter forwarding

KK RADHAKRISHNAN,KANNUR vs. DCIT CENTRAL CIRCLE 2, KOZHIKODE

In the result, appeal of the assessee is dismissed

ITA 518/COCH/2023[2009-10]Status: DisposedITAT Cochin04 Aug 2025AY 2009-10
For Respondent: \nShri Arun Raj S, Advocate
Section 132Section 153ASection 153DSection 69C

197\n271(1)(c)\n2010-11\n8,11,240\n10,71,240\n271(1)(c)\n2011-12\n9,99,970\n9,99,970\nNil\n2012-13\n20,47,120\n22,47,120 271(1)(c)\nYours faithfully,\n(Dr. SANJAY JOSEPH)\nJoint Commissioner of Income Tax,\nCentral Range, Ernakulam\n10. The above communication is nothing but a covering letter forwarding

THE PULLOOT SERVICE CO-OPERATIVE BANK LTD NO. 611,PULLOOR vs. ITO, WARD-2(5), THRISSUR

ITA 403/COCH/2024[2008-2009]Status: DisposedITAT Cochin18 Nov 2024AY 2008-2009

Bench: Shri Inturi Rama Raopulloot Service Co-Op. Bank Ltd. The Income Tax Officer Pulloor P.O., Thrissur 680731 Ward - 2(5) Vs. [Pan: Aacat5298C] Thrissur (Appellant) (Respondent)

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)Section 148Section 80A(5)Section 80P

197/- by disallowing the claim for 2 Pulloot Service Co-op. Bank Ltd. deduction u/s. 80P of the Act by holding that the assessee is not a co-operative society but a co-operative bank hit by the provisions of sub-section

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

In the result, appeals of the Revenue in ITA Nos

ITA 310/COCH/2015[2010-11]Status: DisposedITAT Cochin21 Nov 2019AY 2010-11

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

Section 143(3)Section 80I

disallowed the claim of the assessee on the ground of non compliance of clause (b) and clause (c) of section 80IA(4)(i) of the I.T. Act. On appeal, the CIT(A) reversed the order of the Assessing Officer and allowed the claim of the assessee u/s. 80IA of the Act. This issue was the subject matter of appeals

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

In the result, appeals of the Revenue in ITA Nos

ITA 344/COCH/2014[2008-09]Status: DisposedITAT Cochin21 Nov 2019AY 2008-09

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

Section 143(3)Section 80I

disallowed the claim of the assessee on the ground of non compliance of clause (b) and clause (c) of section 80IA(4)(i) of the I.T. Act. On appeal, the CIT(A) reversed the order of the Assessing Officer and allowed the claim of the assessee u/s. 80IA of the Act. This issue was the subject matter of appeals

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

In the result, appeals of the Revenue in ITA Nos

ITA 190/COCH/2017[2005-06]Status: DisposedITAT Cochin21 Nov 2019AY 2005-06

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

Section 143(3)Section 80I

disallowed the claim of the assessee on the ground of non compliance of clause (b) and clause (c) of section 80IA(4)(i) of the I.T. Act. On appeal, the CIT(A) reversed the order of the Assessing Officer and allowed the claim of the assessee u/s. 80IA of the Act. This issue was the subject matter of appeals

ROSE GEORGE KOLLANUR,THRISSUR vs. ITO WARD 2(2), THRISSUR, THRISSUR

In the result, the appeal by the assessee is allowed

ITA 610/COCH/2022[2014-2015]Status: DisposedITAT Cochin19 Dec 2022AY 2014-2015

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sassessment Year : 2014-15

For Appellant: Shri V Ramnath, CAFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 139(1)Section 143(3)Section 54Section 54F

Section 54 F must be allowed since the assessee has invested the entire sale proceeds for construction of residential property which is within the mandated three years from the date of transfer of original asset. The judgment in the case of Nipun Mehrotra vs. ACIT 2008 197 ITR 110 Bang, reinforced this point and exemption was granted on the same

VAJRA RUBBER PRODUCTS PRIVATE LIMITED,THRISSUR vs. ACIT CIRCLE 1(1), THRISSUR, THRISSUR

In the result, the appeal by the assessee is allowed

ITA 660/COCH/2022[2013-2014]Status: DisposedITAT Cochin08 Mar 2023AY 2013-2014

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

For Appellant: Smt. Preetha Shenoy, CAFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 250Section 40A(7)

Section 36(1)(v). At-least the AO when this factum was brought to his notice that the assessee has filed copy of the trust-deed, application to the competent authority on 4.9.2000 then even the said letter could have been forwarded to the concerned Commissioner who ought to have taken recourse of either rejecting or approving the Gratuity Scheme

UNITY HOSPITAL P. LTD,THRISSUR vs. ACIT, THRISSUR

In the result, the appeal by the assessee is allowed

ITA 69/COCH/2021[2013-14]Status: DisposedITAT Cochin19 Dec 2022AY 2013-14

Bench: Shri N. V. Vasudevan & Shri Chandra Poojariassessment Year : 2013-14

For Appellant: Shri B. Mohan, CAFor Respondent: Smt. J M Jamuna Devi, Sr. AR

Section 36(1)(v). At-least the AO when this factum was brought to his notice that the assessee has filed copy of the trust-deed, application to the competent authority on 4.9.2000 then even the said letter could have been forwarded to the concerned Commissioner who ought to have taken recourse of either rejecting or approving the Gratuity Scheme

SMT.GRACY BABU,ADOOR P.O. vs. THE DCIT CEN-CIRCLE, KOTTAYAM

In the result, the appeals of the assessesin ITA no

ITA 34/COCH/2019[2006-07]Status: DisposedITAT Cochin30 Sept 2019AY 2006-07

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

197 (Rs.25,40,470 per acre) on 25/03/2009 by the aforesaid legal heirs to Believers Church group vide registered document No.353/1/2009. Hence, it was submitted that the share of Gracy Babu in 8.90 acres comes to 2.97 acres only. According to the Ld. AR, if Rs.10,40,400/- out of 25,40,470/-was taken as consideration in lieu

SMT.GRACY BABU,ADOOR P.O. vs. THE DCIT CEN-CIRCLE, KOTTAYAM

In the result, the appeals of the assessesin ITA no

ITA 33/COCH/2019[2005-06]Status: DisposedITAT Cochin30 Sept 2019AY 2005-06

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

197 (Rs.25,40,470 per acre) on 25/03/2009 by the aforesaid legal heirs to Believers Church group vide registered document No.353/1/2009. Hence, it was submitted that the share of Gracy Babu in 8.90 acres comes to 2.97 acres only. According to the Ld. AR, if Rs.10,40,400/- out of 25,40,470/-was taken as consideration in lieu