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

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Key Topics

Section 269S29Addition to Income26Section 271D17Exemption15Section 143(3)13Section 271(1)(c)12Penalty11Section 26310Disallowance9Deduction

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

Showing 1–20 of 36 · Page 1 of 2

8
Section 2747
Section 54F6
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

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

271(1)(c). The disallowance of salary expenses for both the assessment years were made on an estimate based on the wage register. Similarly the extent of personal use of the motor car fixed at 20% was without any basis. The total amount added on these accounts would come to Rs 4,51,251 and Rs 7,52,135 respectively

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

271(1)(c). The disallowance of salary expenses for both the assessment years were made on an estimate based on the wage register. Similarly the extent of personal use of the motor car fixed at 20% was without any basis. The total amount added on these accounts would come to Rs 4,51,251 and Rs 7,52,135 respectively

SRI.K.RAJAGOPAL MENON,COCHIN vs. THE DCIT, ERNAKULAM

ITA 486/COCH/2016[2008-09]Status: DisposedITAT Cochin29 Jan 2018AY 2008-09

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

For Appellant: Sri. George JosephFor Respondent: Sri. A.Dhanaraj, Sr.DR
Section 271(1)(c)

B. Adoption of Fair Market Value 1. We submit that the Learned CIT (Appeals) ought to have appreciated that the basis for computation of indexed cost of acquisition was based on oral information received from the village office which was reconfirmed by a report of the valuation officer. He has erred in considering that the appellant had concealed particulars

THE ACIT, TRICHUR vs. ST.ANTONY'S TIMBER DEP, THRISSUR

In the result, the appeal of the Revenue is partly allowed for statistical

ITA 294/COCH/2018[2008-09]Status: DisposedITAT Cochin01 Mar 2019AY 2008-09

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

Section 132Section 132(4)Section 143(3)Section 153ASection 271Section 274

disallowance (sic) expenses were not anticipated at the time of filing the original return of income. I.T.A. No.294/Coch/2018 & CO No.63/coch/2018 4. The addition towards alleged investment in immovable property was made without any supporting evidence and disbelieving the explanations offered by us. The seized document on the basis of which the addition was made clearly showed that the investment

M/S.PRINCE ROLLER FLOUR MILLS P. LTD,PALAKKAD vs. THE ACIT, KOCHI

In the result, appeals of the assessee are allowed and the appeals of the

ITA 36/COCH/2019[2009-10]Status: DisposedITAT Cochin20 Dec 2019AY 2009-10

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

Section 132Section 143(2)Section 153A

271(1)(c) of the Income Tax Act were initiated separately. Accordingly, the assessment was completed as under: Income from Business[as returned] Rs. 4812959/- Addition (as per para 5.3] Rs.18041977/- Total Rs.22854956/- Less: Chapter VIA Deduction (80G) Rs. 2500/- Total Income Assessed Rs.22852436/- AY 2014-15 Table 1 Sl. Products Qty. Produced Production Sale Value Sale Quantity Average Selling

THE ACIT, KOCHI vs. M/S.PRINCE ROLLER FLOUR MILLS P. LTD, PALAKKAD

In the result, appeals of the assessee are allowed and the appeals of the

ITA 21/COCH/2019[2009-10]Status: DisposedITAT Cochin16 Dec 2019AY 2009-10

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

Section 132Section 143(2)Section 153A

271(1)(c) of the Income Tax Act were initiated separately. Accordingly, the assessment was completed as under: Income from Business[as returned] Rs. 4812959/- Addition (as per para 5.3] Rs.18041977/- Total Rs.22854956/- Less: Chapter VIA Deduction (80G) Rs. 2500/- Total Income Assessed Rs.22852436/- AY 2014-15 Table 1 Sl. Products Qty. Produced Production Sale Value Sale Quantity Average Selling

SRI. MANZAR ALIKUNJU,KOLLAM vs. THE ACIT, ALAPPUZHA

In the result, the appeal of the assessee in ITA No

ITA 131/COCH/2016[2008-09]Status: DisposedITAT Cochin01 Mar 2019AY 2008-09

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

Section 143(3)Section 271(1)(c)Section 69

271(1)(c) of the Act. Hence, this ground of appeal of the assessee is dismissed. The appeal of the assessee in ITA No. 132/Coch/2016 is dismissed. 8. In the appeal in ITA No. 131/Coch/2016 for the assessment year 2008-09, the assessee has raised the following grounds: 1. The CIT (Appeals) ought to have considered and held that

THE JT CIT, TRIVANDRUM vs. ALLIANZ CORNHILL INFORMATION SERVICES P. LTD, TRIVANDRUM

In the result, the appeal of the assessee is partly allowed and the

ITA 185/COCH/2015[2010-11]Status: DisposedITAT Cochin20 Dec 2019AY 2010-11

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Assessment Year : 2010-11

Section 10BSection 144C(5)Section 92C(2)

b) marketing expenditure adjustment risk profile between the Assessee and the comparable companies. 7. Variation of 5% from the arithmetic mean. The TPO erred in law in not granting the variation as per the proviso to Section 92C(2) of the Act. 8. Disallowance of tax holiday section 10B of the Act On the facts and in the circumstances

M/S.ALLIANZ CORNHILL INFORMATION SERVICES P. LTD,TRIVANDRUM vs. JTCIT, TRIVANDRUM

In the result, the appeal of the assessee is partly allowed and the

ITA 191/COCH/2015[2010-11]Status: DisposedITAT Cochin20 Dec 2019AY 2010-11

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Assessment Year : 2010-11

Section 10BSection 144C(5)Section 92C(2)

b) marketing expenditure adjustment risk profile between the Assessee and the comparable companies. 7. Variation of 5% from the arithmetic mean. The TPO erred in law in not granting the variation as per the proviso to Section 92C(2) of the Act. 8. Disallowance of tax holiday section 10B of the Act On the facts and in the circumstances

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.SAHYADRI AGENCIES LTD,KANDNASSERY, THRISSUR vs. THE ITO, WD-1(3), THRISSUR

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

ITA 439/COCH/2019[2014-15]Status: DisposedITAT Cochin05 Nov 2019AY 2014-15

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

For Appellant: Sri.Bomi Daruwala, AdvocateFor Respondent: Smt.A.S.Bindhu, Sr.DR
Section 143(1)Section 143(3)Section 14ASection 263Section 56(2)(viib)Section 68

271(1)(b) r.w.s. 274 of the I.T.Act.” Due to assessee’s non-cooperation during the assessment proceedings, the Assessing Officer did not have occasion to verify the details regarding the applicability of provisions of section 56(2)(viib) and section 68 of the I.T.Act in respect of the issue / allotment of shares (OPCCPS). The 13 M/s.Sahyadri Agencies Limited. Assessing

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.KERALA MEDICAL SERVICES CORPN LTD,TRIVANDRUM vs. THE ITO, WD-1(4), TRIVANDRUM

The appeals of the assessee are partly allowed

ITA 108/COCH/2019[2011-12]Status: DisposedITAT Cochin20 May 2019AY 2011-12

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

Section 249(3)

b) As per the medical certificates, as above, the authorized representative Sri K Suresh was suffering from backache from 15.03.2014. But the certificate does not show that the authorized representative is prevented from discharging the professional duties. Further, it is evident from the assessment order that the authorized representative Sri K Suresh has appeared before the Assessing Officer

M/S.KERALA MEDICAL SERVICES CORPN LTD,TRIVANDRUM vs. THE ITO, WD-1(4), TRIVANDRUM

The appeals of the assessee are partly allowed

ITA 107/COCH/2019[2010-11]Status: DisposedITAT Cochin20 May 2019AY 2010-11

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

Section 249(3)

b) As per the medical certificates, as above, the authorized representative Sri K Suresh was suffering from backache from 15.03.2014. But the certificate does not show that the authorized representative is prevented from discharging the professional duties. Further, it is evident from the assessment order that the authorized representative Sri K Suresh has appeared before the Assessing Officer

M/S.KERALA MEDICAL SERVICES CORPN LTD,TRIVANDRUM vs. THE ITO, WD-1(4), TRIVANDRUM

The appeals of the assessee are partly allowed

ITA 109/COCH/2019[2012-13]Status: DisposedITAT Cochin20 May 2019AY 2012-13

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

Section 249(3)

b) As per the medical certificates, as above, the authorized representative Sri K Suresh was suffering from backache from 15.03.2014. But the certificate does not show that the authorized representative is prevented from discharging the professional duties. Further, it is evident from the assessment order that the authorized representative Sri K Suresh has appeared before the Assessing Officer