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34 results for “disallowance”+ Section 253(1)(a)clear

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Key Topics

Section 80P32Section 143(3)26Addition to Income25Section 15424Disallowance19Deduction12Section 26311Depreciation11Section 10B9Section 40

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

253 which dictum has been followed by the honourable Supreme Court in UPSC v. S. Papaiah [1997] 7 SCC 614 and many other cases, Tamil Nadu Medical Officers Association v. Union of India [2020] SCC Online SC 699 and State of Jharkhand v. Ambay Cements 29 Apollo Tyres Ltd. [2005] 1 SCC 368. Provisions of section

Showing 1–20 of 34 · Page 1 of 2

9
Section 326
Section 8O6

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

253 which dictum has been followed by the honourable Supreme Court in UPSC v. S. Papaiah [1997] 7 SCC 614 and many other cases, Tamil Nadu Medical Officers Association v. Union of India [2020] SCC Online SC 699 and State of Jharkhand v. Ambay Cements [2005] 1 SCC 368. Provisions of section 40(a)(ia) are automatically attracts on failure

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

253 which dictum has been followed by the honourable Supreme Court in UPSC v. S. Papaiah [1997] 7 SCC 614 and many other cases, Tamil Nadu Medical Officers Association v. Union of India [2020] SCC Online SC 699 and State of Jharkhand v. Ambay Cements [2005] 1 SCC 368. Provisions of section 40(a)(ia) are automatically attracts on failure

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

253 which dictum has been followed by the honourable Supreme Court in UPSC v. S. Papaiah [1997] 7 SCC 614 and many other cases, Tamil Nadu Medical Officers Association v. Union of India [2020] SCC Online SC 699 and State of Jharkhand v. Ambay Cements [2005] 1 SCC 368. Provisions of section 40(a)(ia) are automatically attracts on failure

M/S.ABAD FISHERIES,COCHIN vs. THE ACIT, COCHIN

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

ITA 120/COCH/2014[1996-97]Status: DisposedITAT Cochin08 May 2019AY 1996-97

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

Section 10BSection 143Section 249Section 4Section 80H

disallowance. The main observations of the CIT(A) are contrary to the facts and circumstances of the case. 3) The CIT(A) had gone wrong in confirming income of Rs.42,266/- representing interest on income tax refund as income from other sources. I.T.A. No.120/Coch/2014 The CIT(A) ought to have held that interest on income tax refund can be assessed

M/S.JOY ALUKKAS INDIA P LTD,COCHIN vs. THE ACIT, COCHIN

In the result, the appeal of the assessee is dismissed and the appeal of the

ITA 190/COCH/2015[2010-11]Status: DisposedITAT Cochin09 Apr 2018AY 2010-11

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

Section 143(3)Section 144CSection 144C(5)Section 253Section 36(1)Section 36(1)(iii)Section 92CSection 92C(2)

1(2), Kochi. Kochi-682 031. [PAN: AABCJ 1087G] (Revenue-Appellant) (Assessee-Respondent) Revenue by Shri Shantham Bose, CIT(DR) Assessee by Shri A.S. Narayanamoorthy, CA Date of hearing 05/04/2018 Date of pronouncement 10/04/2018 I.T.A. Nos.151 & 190/C/2015 O R D E R Per CHANDRA POOJARI, ACCOUNTANT MEMBER: The assessee filed appeal against the order of the Assessing Officer dated 16/01/2015

ACIT CORPORATE, COCHIN vs. M/S.JOY ALUKKAS (INDIA) LTD, COCHIN

In the result, the appeal of the assessee is dismissed and the appeal of the

ITA 151/COCH/2015[2010-11]Status: DisposedITAT Cochin09 Apr 2018AY 2010-11

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

Section 143(3)Section 144CSection 144C(5)Section 253Section 36(1)Section 36(1)(iii)Section 92CSection 92C(2)

1(2), Kochi. Kochi-682 031. [PAN: AABCJ 1087G] (Revenue-Appellant) (Assessee-Respondent) Revenue by Shri Shantham Bose, CIT(DR) Assessee by Shri A.S. Narayanamoorthy, CA Date of hearing 05/04/2018 Date of pronouncement 10/04/2018 I.T.A. Nos.151 & 190/C/2015 O R D E R Per CHANDRA POOJARI, ACCOUNTANT MEMBER: The assessee filed appeal against the order of the Assessing Officer dated 16/01/2015

M/S INDITRADE CAPITAL LTD (PREVIOUSLY KNOWN AS ,KOCHI vs. THE ITO, CORPORATE WARD1(1),, KOCHI

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

ITA 240/COCH/2023[2012-13]Status: DisposedITAT Cochin14 May 2025AY 2012-13

Bench: Shri Inturi Rama Rao & Shri Sandeep Singh Karhail

For Appellant: Sri.Aneesh Vishwanathan, CAFor Respondent: Smt.Leena Lal, Senior AR
Section 143(3)Section 32(1)(ii)

section 32(1)(ii) of the Act. Accordingly, the appellant made a claim for allowance of depreciation at the rate of 25% of the sum paid, placing reliance on the following decisions :- (i) Pentasoft Technologies Ltd. v. DDCIT, Tax case (Appeals) No.1195 by Hon’ble Madras High Court. (ii) Ind Global Corporate Fiannce (P) Ltd. v. ITO (2013) 33 taxmann.com

M/S INDITRADE CAPITAL LTD (PREVIOUSLY KNOWN AS "JRG SECURITIES LTD"),KOCHI vs. THE ITO, CORPORATE WARD1(1),, KOCHI

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

ITA 243/COCH/2023[2017-18]Status: DisposedITAT Cochin14 May 2025AY 2017-18

Bench: Shri Inturi Rama Rao & Shri Sandeep Singh Karhail

For Appellant: Sri.Aneesh Vishwanathan, CAFor Respondent: Smt.Leena Lal, Senior AR
Section 143(3)Section 32(1)(ii)

section 32(1)(ii) of the Act. Accordingly, the appellant made a claim for allowance of depreciation at the rate of 25% of the sum paid, placing reliance on the following decisions :- (i) Pentasoft Technologies Ltd. v. DDCIT, Tax case (Appeals) No.1195 by Hon’ble Madras High Court. (ii) Ind Global Corporate Fiannce (P) Ltd. v. ITO (2013) 33 taxmann.com

M/S INDITRADE CAPITAL LTD (PREVIOUSLY KNOWN AS ,KOCHI vs. THE ITO, CORPORATE WARD1(1),, KOCHI

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

ITA 239/COCH/2023[2011-12]Status: DisposedITAT Cochin14 May 2025AY 2011-12

Bench: Shri Inturi Rama Rao & Shri Sandeep Singh Karhail

For Appellant: Sri.Aneesh Vishwanathan, CAFor Respondent: Smt.Leena Lal, Senior AR
Section 143(3)Section 32(1)(ii)

section 32(1)(ii) of the Act. Accordingly, the appellant made a claim for allowance of depreciation at the rate of 25% of the sum paid, placing reliance on the following decisions :- (i) Pentasoft Technologies Ltd. v. DDCIT, Tax case (Appeals) No.1195 by Hon’ble Madras High Court. (ii) Ind Global Corporate Fiannce (P) Ltd. v. ITO (2013) 33 taxmann.com

M/S INDITRADE CAPITAL LTD (PREVIOUSLY KNOWN AS ,KOCHI vs. THE ITO, CORPORATE WARD1(1),, KOCHI

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

ITA 241/COCH/2023[2013-14]Status: DisposedITAT Cochin14 May 2025AY 2013-14

Bench: Shri Inturi Rama Rao & Shri Sandeep Singh Karhail

For Appellant: Sri.Aneesh Vishwanathan, CAFor Respondent: Smt.Leena Lal, Senior AR
Section 143(3)Section 32(1)(ii)

section 32(1)(ii) of the Act. Accordingly, the appellant made a claim for allowance of depreciation at the rate of 25% of the sum paid, placing reliance on the following decisions :- (i) Pentasoft Technologies Ltd. v. DDCIT, Tax case (Appeals) No.1195 by Hon’ble Madras High Court. (ii) Ind Global Corporate Fiannce (P) Ltd. v. ITO (2013) 33 taxmann.com

M/S INDITRADE CAPITAL LTD (PREVIOUSLY KNOWN AS ,KOCHI vs. THE ITO, CORPORATE WARD1(1),, KOCHI

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

ITA 242/COCH/2023[2014-15]Status: DisposedITAT Cochin14 May 2025AY 2014-15

Bench: Shri Inturi Rama Rao & Shri Sandeep Singh Karhail

For Appellant: Sri.Aneesh Vishwanathan, CAFor Respondent: Smt.Leena Lal, Senior AR
Section 143(3)Section 32(1)(ii)

section 32(1)(ii) of the Act. Accordingly, the appellant made a claim for allowance of depreciation at the rate of 25% of the sum paid, placing reliance on the following decisions :- (i) Pentasoft Technologies Ltd. v. DDCIT, Tax case (Appeals) No.1195 by Hon’ble Madras High Court. (ii) Ind Global Corporate Fiannce (P) Ltd. v. ITO (2013) 33 taxmann.com

M/S. PARAVUR SERVICE CO-OPERATIVE BANK,KOLLAM vs. INCOME TAX OFFICER, WARD 2, KOLLAM

In the result, the appeal and stay petition filed by the assessee are dismissed

ITA 767/COCH/2023[AY 2017-18]Status: DisposedITAT Cochin08 Jul 2024

Bench: Shri Chandra Poojari & Shri Soundararajan K.Assessment Year: 2017-18

For Appellant: Sri Santosh P. Abraham, A.RFor Respondent: Shri Sanjit Kumar Das, D.R
Section 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

disallowing the certificate issued by the statutory authority under the Kerala Co-operative Societies Act. E. The CIT(Appeal) went wrong in finding that appellant is not eligible for deduction for the interest income received u/s 80P(2)(d) . The issues covered in favour of the appellant of the decision of the Kerala High Court in the case of Principal

THE ACIT, CORP CIRCLE-1(1), KOCHI, ERNAKULAM vs. APPOLO TYRES LTD, ERNAKULAM

In the result, the appeal filed by the Revenue in ITA No

ITA 247/COCH/2018[2006-07]Status: DisposedITAT Cochin21 Mar 2019AY 2006-07

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

Section 143(3)Section 80I

253 ITR 749) wherein it was held that the directors of the assessee were entitled to use the vehicles for their personal use in accordance with the terms and conditions on which they were appointed and the prerequisites given to the directors formed part of their “remuneration” under the Explanation to section 198 of the Companies

M/S.SOORYA DRUG HOUSE,THODUPUZHA vs. THE ITO,WD-2, THODUPUZHA

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

ITA 237/COCH/2019[2013-14]Status: DisposedITAT Cochin02 Aug 2019AY 2013-14

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

For Appellant: Sri.Mathew JosephFor Respondent: Sri.Shantom Bose
Section 133ASection 143Section 143(1)Section 148Section 153Section 263Section 271(1)(c)Section 274

253 Total 24,15,165 22,22,127 Less : Additional income offered in the 19,00,000 20,00,000 returns to cover up the above mistakes. Additions in the assessment 5,15,165 2,22,127 3. The penalty proceedings u/s 271(1)(c) of the I.T.Act were initiated by issuance of notice u/s 274 of the I.T.Act

M/S.SOORYA DRUG HOUSE,THODUPUZHA vs. THE ITO,WD-2, THODUPUZHA

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

ITA 236/COCH/2019[2012-13]Status: DisposedITAT Cochin02 Aug 2019AY 2012-13

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

For Appellant: Sri.Mathew JosephFor Respondent: Sri.Shantom Bose
Section 133ASection 143Section 143(1)Section 148Section 153Section 263Section 271(1)(c)Section 274

253 Total 24,15,165 22,22,127 Less : Additional income offered in the 19,00,000 20,00,000 returns to cover up the above mistakes. Additions in the assessment 5,15,165 2,22,127 3. The penalty proceedings u/s 271(1)(c) of the I.T.Act were initiated by issuance of notice u/s 274 of the I.T.Act

M/S.MUTHOOTT MINI FINANCIERS P. LTD,KOZHENCHERRY vs. THE DCIT, CEN-CIRCLE-2,, ERNAKULAM

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

ITA 279/COCH/2019[2012-13]Status: DisposedITAT Cochin19 May 2020AY 2012-13

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

Section 14ASection 32

section 14A is totally wrong. While applying the rule 8D, Assessing Officer has violated the principles and procedures he himself had adopted previously in the assessment in respect of previous year. According to rule 8D, the expenditure in relation to the exempt income would be aggregate of the following: ……………………….” 2.2 At the time of hearing, the Ld. AR submitted that

M/S.MUTHOOTT MINI FINANCIERS P. LTD,KOZHENCHERRY vs. THE DCIT, CEN-CIRCLE-2,, ERNAKULAM

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

ITA 278/COCH/2019[2011-12]Status: DisposedITAT Cochin19 May 2020AY 2011-12

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

Section 14ASection 32

section 14A is totally wrong. While applying the rule 8D, Assessing Officer has violated the principles and procedures he himself had adopted previously in the assessment in respect of previous year. According to rule 8D, the expenditure in relation to the exempt income would be aggregate of the following: ……………………….” 2.2 At the time of hearing, the Ld. AR submitted that

M/S.MUTHOOTT MINI FINANCIERS P. LTD,KOZHENCHERRY vs. THE DCIT, CEN-CIRCLE-2,, ERNAKULAM

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

ITA 277/COCH/2019[2010-11]Status: DisposedITAT Cochin19 May 2020AY 2010-11

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

Section 14ASection 32

section 14A is totally wrong. While applying the rule 8D, Assessing Officer has violated the principles and procedures he himself had adopted previously in the assessment in respect of previous year. According to rule 8D, the expenditure in relation to the exempt income would be aggregate of the following: ……………………….” 2.2 At the time of hearing, the Ld. AR submitted that

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)

253(2) from the Principal Commissioner of Income-tax, Thiruvananthapuram on 26/08/2019. Thus, there was delay of 49 day. Accordingly, it was prayed that it is only just and reasonable that the delay was condoned, and the appeal was heard on merits. 2.2 We have gone through the condonation petition filed by the Department. As seen from the records, both