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11 results for “disallowance”+ Section 271(1)(b)clear

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Key Topics

Section 269S37Section 271D23Section 143(3)9Deduction8Section 80P7Penalty7Addition to Income7Section 54F6Section 2745Disallowance

SRI HARIKUTTAN T,KAYAMKULAM vs. INCOME TAX OFFICER WARD 2, ALLEPPEY

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

ITA 885/COCH/2022[2017-18]Status: DisposedITAT Cochin03 Nov 2023AY 2017-18

Bench: Shri Sanjay Arora, Accountantmemberand Shri Manomohan Das, Judicialmember Harikuttan T. The Income Tax Officer (2) 1, Edayilaveetil Tharayil Aayakar Bhavan Njakkanal P.O., Pathiyoor Vs. Alappuzha Co0Llectorate Kayalmulam 690533 Alappuzha 688011 [Pan:Alrpt7536J] (Appellant) (Respondent) Appellant By: Shri M.S. Venkitachalam, Ca Respondent By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing:08.08.2023 Date Of Pronouncement:03.11.2023 O R D E R Per Sanjay Arora, Am This Is An Appeal By Assessee Challenging The Confirmation Of Penalty Levied Under Section 270A Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2017-18 Vide Order Dated 17/02/2022, By The First Appellate Authority, Being The Commissioner Of Income Tax, Nfac [Cit(A)] Vide It’S Order Dated 06.07.2022. 2.1 The Brief Background Facts Of The Case Are That The Assessee, A Retired Defence Personnel, Is A Registered Money Lender Under The Kerala Money Lenders Act (Kml Act), Lending Money On Interest Against Mortgage Of Loan. For The Relevant Year He Returned, Besides Pension, Income From This Business At Rs.2,05,691. On Verification, It Was Found By The Assessing Officer (Ao) That The Assessee Was Maintaining Six Bank Accounts, I.E., Three Each With Two Banks, Being South Indian Bank (Sib) & State Bank Of India (Sbi). Transactions With The Former Were Undisclosed. The Reason Explained Was That The Gold Pawned By His Customers With Him For Availing Loan, Was In Turn Mortgaged With This Bank To Source Funds For Further Lending. These

For Appellant: Shri M.S. Venkitachalam, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 143
5
Section 271E4
Cash Deposit4
Section 143(3)
Section 148
Section 270A
Section 274
Section 37(1)

b) by the Assistant Commissioner or Deputy Commissioner, where the penalty exceeds twenty thousand rupees, except with the prior approval of the Joint Commissioner. (3) An income-tax authority on making an order under this Chapter imposing a penalty, unless he is himself the Assessing Officer, shall forthwith send a copy of such order to the Assessing Officer

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

271 while completing the assessment u/s. 143(3). Aggrieved, the assessee filed the appeal before the CIT(A), who upheld the order of the AO. Aggrieved, the assessee is in appeal before the Tribunal. 3. The ld. AR submitted that the assessee has claimed the deduction u/s. 54F based on the fact that the assessee has paid the amount

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

b) whether the Tribunal had erred in granting deduction under Section 35D regarding short-term loan, in view of the Explanation to Section 35D(3) which refers only to long-term borrowings, and (c) whether the Tribunal had erred in directing deduction under Section 80HH and 80-1 on the miscellaneous income of Rs.26,64,113 being income on sale

THE ACIT, COCHIN vs. SRI. GEORGE MATHEW, COCHIN

In the result, appeal of the Revenue as well as the assessee are allowed for statistical purposes

ITA 220/COCH/2016[2012-13]Status: DisposedITAT Cochin23 Jun 2022AY 2012-13

Bench: Shri George George K. & Shri Laxmi Prasad Sahuteam Sustain Cr Building Vs. Plot No. 71, Mra I.S. Press Rod Kakkanadu, Kochi 682030 Kochi 682018 Pan – Adwpm1819L Appellant Respondent

For Appellant: Smt. Preetha S. Nair, AdvocateFor Respondent: Shri Shantam Bose, CIT-DR
Section 40

disallowance of Rs.1,73,32,803/ - made by the Assessing Officer u/s 40(a)(ia) of the Income Tax Act, 1961, for not effecting TDS from the expenses under the head -'Design & CAS expenses', Salary & allowances, Godown rent and professional charges. 3. The learned CIT(A) erred in considering the issue on the basis of details provided by the assessee

SRI. GEORGE MATHEW,COCHIN vs. THE ITO, COCHIN

In the result, appeal of the Revenue as well as the assessee are allowed for statistical purposes

ITA 251/COCH/2016[2012-13]Status: DisposedITAT Cochin23 Jun 2022AY 2012-13

Bench: Shri George George K. & Shri Laxmi Prasad Sahuteam Sustain Cr Building Vs. Plot No. 71, Mra I.S. Press Rod Kakkanadu, Kochi 682030 Kochi 682018 Pan – Adwpm1819L Appellant Respondent

For Appellant: Smt. Preetha S. Nair, AdvocateFor Respondent: Shri Shantam Bose, CIT-DR
Section 40

disallowance of Rs.1,73,32,803/ - made by the Assessing Officer u/s 40(a)(ia) of the Income Tax Act, 1961, for not effecting TDS from the expenses under the head -'Design & CAS expenses', Salary & allowances, Godown rent and professional charges. 3. The learned CIT(A) erred in considering the issue on the basis of details provided by the assessee

BHIMA GOLD AND DIAMONDS,ADOOR vs. ASSISTANT COMMISSIONER OF INCOME TAX, KOLLAM

Appeal is allowed in above terms

ITA 570/COCH/2023[2016-17]Status: DisposedITAT Cochin23 Oct 2024AY 2016-17

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhbhima Gold & Diamonds Assistant Commissioner Of Central Junction Income Tax Vs. Adoor 691523 Kollam [Pan: Aanfb8547J] (Appellant) (Respondent)

For Appellant: Shri R. Krisahnan, CAFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 250Section 271(1)(c)Section 40

271(1)(c) penalty of Rs.3,83,160/- , it emerges during the course of hearing that the same pertains to section 40(b) partners remuneration disallowance

M/S THE PANNIYANKARA SERVICE CO-OP BANK LTD,KOZHIKODE vs. THE JOINT COMMISSIONER OF INCOME TAX , RANGE 1, KOZHIKODE

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

ITA 910/COCH/2022[2015-16]Status: DisposedITAT Cochin21 May 2025AY 2015-16

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Arun Raj S, AdvocateFor Respondent: Smt.Veni Raj, CIT-DR
Section 143(3)Section 269SSection 271Section 271DSection 273BSection 275(1)(c)Section 80PSection 80P(2)(a)

disallowing the deduction claimed u/s.80P. The assessed income for the Assessment Year 2015-16 is Rs.1,48,86,392. During the course of assessment proceedings, it has come to light that there were violation of section 269SS and the assessing officer referred the case for initiation of penalty u/s.271D on 01.01.2018. Accordingly, penalty proceedings u/s.271D was initiated on 03.01.2018. Thereafter

M/S. THE THIRUNELLY SERVICE CO-OPERATIVE BANK,WAYANAD vs. JCIT, RANGE-2, KOZHIKODE

In the result, appeal filed by the assessee stands dismissed

ITA 421/COCH/2025[2015-16]Status: DisposedITAT Cochin04 Aug 2025AY 2015-16
For Appellant: Shri Arun Raj S, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 269SSection 271DSection 274Section 80P

disallowing the claim for deduction u/s. 80P by holding that the assessee is dealing with the non-members. 5. Being aggrieved, an appeal was filed before the CIT(A). While matter stood thus, the AO noticed that assessee violated the provisions of section 269SS of the Act by accepting cash deposits and repaid the deposits in cash. Therefore, made

PANAMARAM SERVICE CO-OPERATIVE BANK LTD,PANAMARAM vs. JCIT, RANGE-2, KOZHIKODE

In the result, appeal filed by the assessee stands dismissed

ITA 432/COCH/2025[2015-16]Status: DisposedITAT Cochin14 Aug 2025AY 2015-16

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm

For Appellant: ------- None -------For Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 269SSection 271DSection 271ESection 274Section 80PSection 80P(2)

1,31,120/- after claiming deduction u/s. 80P(2) of the Income Tax Act, 1961 (the Act). Against the said return of income, the assessment was completed by the ITO, Ward- 2, Kalpetta (for short, 'AO') vide order dated 26/12/2017 passed u/s. 143(3) of the Act after disallowing the claim for deduction u/s. 80P by holding that the assessee

PANAMARAM SERVICE CO-OPERATIVE BANK LTD,PANAMARAM, WAYANAD vs. JCIT, RANGE-2, KOZHIKODE

In the result, appeal filed by the assessee stands dismissed

ITA 433/COCH/2025[2015-16]Status: DisposedITAT Cochin14 Aug 2025AY 2015-16

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm

For Appellant: ------- None -------For Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 269SSection 271DSection 271ESection 274Section 80PSection 80P(2)

1,31,120/- after claiming deduction u/s. 80P(2) of the Income Tax Act, 1961 (the Act). Against the said return of income, the assessment was completed by the ITO, Ward- 2, Kalpetta (for short, 'AO') vide order dated 26/12/2017 passed u/s. 143(3) of the Act after disallowing the claim for deduction u/s. 80P by holding that the assessee

M/S. THE THIRUNELLY CO-OPERATIVE BANKLTD.,WAYANAD vs. JCIT RANGE-2, KOZHIKODE

In the result, appeal filed by the assessee stands dismissed

ITA 420/COCH/2025[2015-16]Status: DisposedITAT Cochin04 Aug 2025AY 2015-16

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

For Appellant: Shri Arun Raj S, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 269SSection 271DSection 274Section 80P

disallowing the claim for deduction u/s. 80P by holding that the assessee is dealing with the non-members. 5. Being aggrieved, an appeal was filed before the CIT(A). While matter stood thus, the AO noticed that assessee violated the provisions of section 269SS of the Act by accepting cash deposits and repaid the deposits in cash. Therefore, made