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182 results for “disallowance”+ Section 263(1)clear

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Key Topics

Section 263125Section 143(3)106Deduction47Disallowance41Addition to Income39Section 37(1)35Section 80P(2)(a)34Section 4028Section 80I27Revision u/s 263

M/S.POPULAR FINANCE,PATHANAMTHITTA vs. THE ACIT, CIRCLE-1, THIRUVALLA

In the result, the appeals of the Revenue are partly allowed for statistical purposes

ITA 203/COCH/2019[2014-15]Status: DisposedITAT Cochin03 Dec 2019AY 2014-15

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

Section 143(2)Section 143(3)Section 263Section 37(1)

disallowance u/s. 37(1) cannot be resorted to when the claim is made by the appellant u/s. 36(1) (iii) of the Act. 4. Attention is invited to a well-known legal maxim "generalibus specialia derogant", which clearly mentioned that ‘if a special provision is made on a certain matter, the matter is excluded from the general provisions'. Section

M/S POPULAR FINANCE COMPANY,PATHANAMTHITTA vs. THE ACIT,CIR-1,, THIRUVALLA

In the result, the appeals of the Revenue are partly allowed for statistical purposes

Showing 1–20 of 182 · Page 1 of 10

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27
Section 36(1)(viia)15
Section 80P14
ITA 202/COCH/2019[2014-15]Status: DisposedITAT Cochin03 Dec 2019AY 2014-15

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

Section 143(2)Section 143(3)Section 263Section 37(1)

disallowance u/s. 37(1) cannot be resorted to when the claim is made by the appellant u/s. 36(1) (iii) of the Act. 4. Attention is invited to a well-known legal maxim "generalibus specialia derogant", which clearly mentioned that ‘if a special provision is made on a certain matter, the matter is excluded from the general provisions'. Section

M/S POPULAR FINANCE COMPANY,PATHANAMTHITTA vs. THE ACIT,CIR-1,, THIRUVALLA

In the result, the appeals of the Revenue are partly allowed for statistical purposes

ITA 204/COCH/2019[2014-15]Status: DisposedITAT Cochin03 Dec 2019AY 2014-15

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

Section 143(2)Section 143(3)Section 263Section 37(1)

disallowance u/s. 37(1) cannot be resorted to when the claim is made by the appellant u/s. 36(1) (iii) of the Act. 4. Attention is invited to a well-known legal maxim "generalibus specialia derogant", which clearly mentioned that ‘if a special provision is made on a certain matter, the matter is excluded from the general provisions'. Section

THE ACIT, CIRCLE-1, THIRUVALLA, THIRUVALLA vs. MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, PATHANAMTHITTA

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 69/COCH/2018[2002-03]Status: HeardITAT Cochin21 Feb 2019AY 2002-03

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

Section 143(3)Section 37(1)Section 45Section 57

disallowance of interest expenditure is called for under section 36(1)(iii) of the I.T. Act, 1961. 4.6 In the facts and circumstances of the case, whether the Assessing Officer correctly assessed the interest income received from partners under the head "Income from Profits and Gains of Profession or Business"? 4.6.1. In para 6 of the assessment order the Assessing

DCIT, THIRUVALLA vs. MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, KOZHENCHERRY

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 72/COCH/2018[2007-08]Status: HeardITAT Cochin21 Feb 2019AY 2007-08

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

Section 143(3)Section 37(1)Section 45Section 57

disallowance of interest expenditure is called for under section 36(1)(iii) of the I.T. Act, 1961. 4.6 In the facts and circumstances of the case, whether the Assessing Officer correctly assessed the interest income received from partners under the head "Income from Profits and Gains of Profession or Business"? 4.6.1. In para 6 of the assessment order the Assessing

DCIT, THIRUVALLA vs. MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, KOZHENCHERRY

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 71/COCH/2018[2004-05]Status: HeardITAT Cochin21 Feb 2019AY 2004-05

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

Section 143(3)Section 37(1)Section 45Section 57

disallowance of interest expenditure is called for under section 36(1)(iii) of the I.T. Act, 1961. 4.6 In the facts and circumstances of the case, whether the Assessing Officer correctly assessed the interest income received from partners under the head "Income from Profits and Gains of Profession or Business"? 4.6.1. In para 6 of the assessment order the Assessing

DCIT, THIRUVALLA vs. MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, KOZHENCHERRY

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 70/COCH/2018[2003-04]Status: HeardITAT Cochin21 Feb 2019AY 2003-04

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

Section 143(3)Section 37(1)Section 45Section 57

disallowance of interest expenditure is called for under section 36(1)(iii) of the I.T. Act, 1961. 4.6 In the facts and circumstances of the case, whether the Assessing Officer correctly assessed the interest income received from partners under the head "Income from Profits and Gains of Profession or Business"? 4.6.1. In para 6 of the assessment order the Assessing

THE ACIT, THIRUVALLA vs. M/S.MUTHOOT PROPERTIES & INVESTMENTS, KOZHENCHERRY

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 73/COCH/2018[2002-03]Status: HeardITAT Cochin21 Feb 2019AY 2002-03

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

Section 143(3)Section 37(1)Section 45Section 57

disallowance of interest expenditure is called for under section 36(1)(iii) of the I.T. Act, 1961. 4.6 In the facts and circumstances of the case, whether the Assessing Officer correctly assessed the interest income received from partners under the head "Income from Profits and Gains of Profession or Business"? 4.6.1. In para 6 of the assessment order the Assessing

THE ACIT, THIRUVALLA vs. M/S.MUTHOOT PROPERTIES & INVESTMENTS, KOZHENCHERRY

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 75/COCH/2018[2005-06]Status: HeardITAT Cochin21 Feb 2019AY 2005-06

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

Section 143(3)Section 37(1)Section 45Section 57

disallowance of interest expenditure is called for under section 36(1)(iii) of the I.T. Act, 1961. 4.6 In the facts and circumstances of the case, whether the Assessing Officer correctly assessed the interest income received from partners under the head "Income from Profits and Gains of Profession or Business"? 4.6.1. In para 6 of the assessment order the Assessing

DCIT, THIRUVALLA vs. MUTHOOT PROPERTIES & INVESTMENTS,, KOZHENCHERRY

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 74/COCH/2018[2003-04]Status: HeardITAT Cochin21 Feb 2019AY 2003-04

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

Section 143(3)Section 37(1)Section 45Section 57

disallowance of interest expenditure is called for under section 36(1)(iii) of the I.T. Act, 1961. 4.6 In the facts and circumstances of the case, whether the Assessing Officer correctly assessed the interest income received from partners under the head "Income from Profits and Gains of Profession or Business"? 4.6.1. In para 6 of the assessment order the Assessing

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

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

ITA 247/COCH/2017[2009-10]Status: DisposedITAT Cochin23 Jul 2018AY 2009-10

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

For Appellant: Sri.M.Raghunathan SFor Respondent: Sri.Santam Bose
Section 10ASection 10BSection 143(1)Section 143(3)Section 144CSection 263

disallowance under section 36(1)(vii), (viia) and in respect of foreign exchange rate difference. On further appeal, Tribunal held that order of the Commissioner dated 28-3-2003 passed under section 263

THE SOUTH INDIAN BANK LIMITED,THRISSUR vs. PCIT, , THRISSUR

In the result, the appeal by the assessee is allowed

ITA 628/COCH/2024[2018-19]Status: DisposedITAT Cochin27 May 2025AY 2018-19

Bench: Shri Inturi Rama Raoshri Sandeep Singh Karhailthe South Indian Bank Limited, Head Office, Mission Quarters, Tb Road, Thrissur Kerala - 680001 ............... Appellant Pan : Aabct0022F V/S Pcit, Aayakar Bhavan, North Block, ……………… Respondent New Annex Building Mananchira, Kozhikode Kerala.

For Appellant: Shri Naresh C, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 142(1)Section 143Section 143(2)Section 143(3)Section 154Section 250Section 263Section 36(1)(vii)Section 36(1)(viia)Section 36(2)(v)

1) of the Act were issued and served on the assessee. Vide order dated 17/02/2021 passed under section 143(3) read with section 143(3A) and section 143(3B) of the 3 Act, the Assessing Officer (“AO”) assessed the total income of the assessee at ₹ 419,62,77,950. 5. Subsequently, the learned PCIT issued notice dated 09/03/2013 under section

M/S. ASPINWALL & CO. LTD,COCHIN vs. THE DCIT, COCHIN

In the result, the appeal of the assessee stands dismissed

ITA 277/COCH/2016[2011-12]Status: DisposedITAT Cochin05 Oct 2017AY 2011-12

Bench: Shri P. K. Bansal & Shri George George K.Assessment Year:2011- 12

Section 10(34)Section 143(3)Section 14ASection 14A(1)Section 263

disallowance of expenditure under section 14A read with Rule 8D. Therefore, these grounds do not arise out of the order of the CIT. We, therefore, dismiss the same. 5. Now coming to ground Nos. 1 to 3. The only issue involved before us is whether the order passed by the CIT under section 263

M/S.COMBINED FOODS P. LTD,COCHIN vs. THE ACIT, COCHIN

In the result, all the appeals filed by the revenue stand dismissed

ITA 155/COCH/2017[2012-13]Status: DisposedITAT Cochin27 Dec 2018AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Assessment Year : 2012-13 M/S. Combined Foods Private The Principal Commissioner Of Limited, Income-Tax, Kochi-1. 28/3030, Elamkulam, Cheruparambath Road, Kadavanthara, Kochi-682 020. [Pan:Aaacc 9366N] Assessee-Appellant Revenue-Respondent

Section 143(3)Section 14ASection 263Section 36(1)(iii)Section 43(1)

disallowance either under section 36(1)(iii) or under section 14A. The Ld. AR submitted that the only reason given by Commissioner of Income Tax in the revision order under section 263

SRI.PURUSOTHAMAN K.K.,PATHANAMTHITTA vs. THE ITO, WD-3, , THIRUVALLA

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

ITA 51/COCH/2019[2014-15]Status: DisposedITAT Cochin19 Jun 2019AY 2014-15

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

Section 143(3)Section 154Section 36Section 36(1)Section 36(1)(va)Section 43B

disallowed under section 43B or under section 36(1)(va) – Whether SLP against said impugned order was to be dismissed – Held, yes in favour of assessee.” 5.1 However, the CIT(A) observed that the question, whether dismissal of SLP amounts to laying down law in respect of the issue disputed under SLP, has been considered by the ITAT

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

263 disallowing a sum of Rs.7,49,20,296 u/s. 40(a)(ia). 3. Aggrieved by the order of the AO, the assessee preferred an appeal before the CIT(A). The assessee submitted before the CIT(A) that the amount of tax deducted at source is deposited before the due date for filing the return of income and therefore

M/S.KERALA STATE WAREHOUSING CORPN,ERNAKULAM vs. THE ACIT, KOCHI

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

ITA 389/COCH/2020[2015-16]Status: DisposedITAT Cochin01 Aug 2022AY 2015-16

Bench: Shri George George K. & Shri Laxmi Prasad Sahum/S. Kerala State Warehousing Vs Acit, Corporate Circle 1(2) Corporation Is Press Road Kochi 682018 Pb No. 1727, Warehousing Corporation Road Ernakulam 682016 Pan – Aabck1583G (Appellant) (Respondent) Assessee By: Shri K. Gopi, Ca Revenue By: Shri Shantam Bose, Cit Dr

For Appellant: Shri K. Gopi, CAFor Respondent: Shri Shantam Bose, CIT DR
Section 143Section 143(3)Section 263Section 42

disallowance on account of delayed deposit of employees’ contribution as per Section 36(1)(va) of the Act, which is a binding decision upon the jurisdictional Assessing Officer. Firstly the AO is an investigating officer, thereafter he is adjudicating officer. The AO has failed to note that there is a delayed deposit of the employees’ contribution

GATEWAY DISTRIPARKS(KERALA) LTD,COCHIN vs. ACIT, COCHIN

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

ITA 216/COCH/2018[2013-14]Status: DisposedITAT Cochin28 Aug 2018AY 2013-14

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No.216/Coch/2018 Assessment Year : 2013-14 Gateway Distriparks (Kerala) Vs. The Assistant Commissioner Of Ltd., Door No. 26/1804, Income-Tax, Circle-1(2), Kochi Chakiat House, Subramaniam Road, Willington Island, Kochi-682 003. [Pan:Aaccg 6616P] (Assessee-Appellant) (Revenue-Respondent) Assessee By Shri P.M. Veeramani, Ca Revenue By Smt. A.S. Bindhu, Dr Date Of Hearing 14/08/2018 Date Of Pronouncement 28/08/2018

Section 143(3)Section 263Section 32Section 32(1)(ii)

1)(ii) of the Act. Therefore, the depreciation claimed on lease premium paid ought to have been disallowed'. 3.2 Accordingly, a show-cause notice under Section 263

M/S.BABY MEMORIAL HOSPITAL LTD,KOZHIKKODE vs. THE ACIT,CIRCLE-1(1), KOZHIKKODE

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

ITA 420/COCH/2019[2014-15]Status: DisposedITAT Cochin08 Nov 2019AY 2014-15

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

Section 115JSection 142Section 143(3)Section 263Section 36Section 37(1)

disallowable without giving any reference to the applicability of Section 36 (1) ( iii) as claimed by the assessee. It was submitted that as the claim of the assessee that the expenditure was allowable u/s 36 (1)(iii) was rejected by the Pr. CIT, the order u/s. 263

M/S.KERALA STATE INDUSTRIAL DEV CORPN LTD,TRIVANDRUM vs. THE ACIT, TRIVANDRUM

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

ITA 142/COCH/2017[2012-13]Status: DisposedITAT Cochin07 Feb 2019AY 2012-13

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

Section 135Section 263Section 37Section 37(1)

1) of the Act, any expenditure incurred by the assessee on the activities relating to CSR referred to in section 135 of the Companies Act, 2013 shall not be deemed to be an expenditure incurred by the assessee for the purpose of business or profession. 2.2 The CIT(A) relied on the judgment of the Apex Court in the case