PANNIVIZHA SERVICE COOPERATIVE BANK LTD 891,M G ROAD PANNIVIZHA vs. ITO, WARD 2, KOLLAM

In the result, ITA No. 531/Coch/2025 (Assessment Year 2018-2019) and ITA No

Bench: SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

Section 271(1)(c) of the Act was levied upon the Assessee in respect of disallowance of deduction claimed by the Assessee

PANNIVIZHA SERVICE COOPERATIVE BANK LTD 891,M G ROAD PANNIVIZHA vs. ITO, WARD 2, KOLLAM

In the result, ITA No. 531/Coch/2025 (Assessment Year 2018-2019) and ITA No

Bench: SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

Section 271(1)(c) of the Act was levied upon the Assessee in respect of disallowance of deduction claimed by the Assessee

PANNIVIZHA SERVICE COOPERATIVE BANK LTD 891,M G ROAD,PANNIVIZHA vs. ITO, WARD 2, KOLLAM

In the result, ITA No. 531/Coch/2025 (Assessment Year 2018-2019) and ITA No

Bench: SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

Section 271(1)(c) of the Act was levied upon the Assessee in respect of disallowance of deduction claimed by the Assessee

PANNIVIZHA SERVICE COOPERATIVE BANK LTD 891,MG ROAD PANNIVIZHA vs. ITO, WARD 2, KOLLAM

In the result, ITA No. 531/Coch/2025 (Assessment Year 2018-2019) and ITA No

Bench: SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

Section 271(1)(c) of the Act was levied upon the Assessee in respect of disallowance of deduction claimed by the Assessee

SMT. AMINA ANVAR,KOLLAM vs. THE DCIT, CIRCLE 1, ALAPPUZHA, ALAPPUZHA

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

Bench: Shri George George K. & Ms. Padmavathy S.Amina Anvar Vs Dcit,Circle -1 Alappuzha City Opticals, Pipson Complex Pada South, Karunagappally Kollam Kerala-690 518 Pan – Agmpa5574B (Appellant) (Respondent) Assessee By: Sri. Rajakannan, Advocate Revenue By: Smt. J.M. Jamuna Devi, Sr. Ar Date Of Hearing: 02.03.2023 Date Of Pronouncement: 09.03.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Cit(A)/Nfac, Delhi Dated 30.06.2022 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act). The Relevant Assessment Year Is 2016-17. 2. The Solitary Issue That Arises For Our Consideration Is Whether The Ld.Cit(A) Is Justified In Confirming The Imposition Of Penalty U/S. 271(1)(C) Of The I.T.Act Amounting To Rs. 38,669/-.

disallowance u/s. 37 of the I.T.Act to the tune of Rs. 1,50,000/- pertaining to claim of expenses relatable to purchases made. 4. Pursuant to the reassessment order passed u/s. 143(3) r.w.s. 147 of the I.T.Act, 1961, the penalty proceedings were initiated u/s. 271(1)(C) of the Act. Subsequently, the AO/NFAC passed penalty order u/s. 271(1

DR. K.E. MOORTHY,PATHANAMTHITTA vs. DCIT, KOLLAM

In the result, the appeals of the assessee in ITA Nos

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

Section 271 (1) (c). ix) The various courts including the apex court has held in various cases that there cannot be a levy of penalty u/s 271(1)(c) in the case of an addition based on estimate and disallowance

HERCULES AUTOMOBILES INTERNATIONAL PRIVATE LIMITED,THIRUVANANTHAPURAM vs. AO TYPE-W, AAYAKAR BHAWAN, ALLEPPEY

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

Bench: Shri Inturi Rama Rao, Am & Shri Manu Kumar Giri, Jm Assessment Year: 2012-13 Hercules Automobiles International P. Ltd. .......... Appellant Tc No.16/1860, Dpi Road, Thycaud S.O. Chempakassery, Thiruvananthapuram 695014 [Pan: Aabcn2898M] Vs. Dcit, Circle - 1, Alappuzha ......... Respondent Assessee By: Shri Jose Zachariah, Ca Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 06.11.2025 Date Of Pronouncement: 20.11.2025

section 271(1)(c) of the Act. 7. We have heard the rival contentions and perused the material available on record. The issue that arises in the present appeal is whether the order imposing penalty u/s. 271(1)(c) is justified or not. Penalty proceedings were initiated on account of disallowance

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

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

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

271(1)(c) of the Act, is thus presumed (Cement Marketing Company of India vs. Asst. CST [1980] 124 ITR 15 (SC)). Saving is, further, provided for a bona fide explanation which is substantiated by disclosure of material facts or difference of estimate based duly disclosed material (s. 270A(6)). Further still, an immunity from penalty is provided u/s. 270AA

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

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

section 271(1)(c), there should exist "concealment" or "furnishing of inaccurate information". The offence of concealment is a direct attempt to hide an item of income or a portion thereof from the knowledge of the authorities The assessee has furnished details and provided explanations all in good faith and to the extent available with him. It is submitted that

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

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

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

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

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

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

SMT.JAMMELA S,KOLLAM vs. THE DCIT, KOLLAM

In the result, appeal of the assessee is allowed

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

1)(c) of the I.T. act were initiated vide letter dated 23.02.2012, and it was proposed to levy 200% penalty in the quantum of 2 I.T.A. No.463 /Coch/2019 income concealed/for which inaccurate particulars were given. The assessee vide reply dated 24.02.2012 stated that the addition and disallowances sustained in appeal does not warrant imposition of penalty. The relevant points

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

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

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

271(1)(c). In response, the assessee neither attended on the appointed date nor filed any written submission. Thereafter, a fresh opportunity of hearing was granted by the Assessing Officer. In response, the authorised representative of the assessee made submissions vide his letter dated 26/09/2014. The submissions made reads as follows: "1 The assessment for the above mentioned assessment year

HIGH RANGE FOODS PRIVATE LIMITED,ERNAKULAM vs. DCIT CORPORATE CIR 1(1), KOCHI

In the result, the appeal by the assessee is allowed

Bench: Shri Inturi Rama Rao & Shri Sandeep Singh Karhailassessment Year : 2014-15 High Range Foods Private Dcit, Corporate Circle-1(1) Limited, Kochi 28/3030, Vs. Cheruparambath Road, Kadavanthra, Ernakulam-682020 Pan : Aaach6076L (Appellant) (Respondent) For Assessee : Shri P.M. Veeramani, Ca For Revenue : Smt. Leena Lal (Heard In Hybrid Bench) Date Of Hearing : 25-03-2025 Date Of Pronouncement : 27-05-2025

271(1)(c) of the Act, for the AY. 2014-15. 2 2. The first issue that arises for our consideration pertains to the levy of penalty u/s.271(1)(c)of the Actin respect of the addition on account of deposits received from dealers in lieu of installing deep- freezers. 3. The brief facts of the case pertaining to this

SAI EXPORT ENTERPRISES,KOLLAM vs. ITO, WARD 1 & TPS, KOLLAM

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm Assessment Year: 2016-17 Sai Export Enerprises .......... Appellant Mangad P.O., Kollam 691015 [Pan: Absfs2716A] Vs. The Income Tax Officer, Wd-1 & Tpo, Kollam .......... Respondent Appellant By: Shri Rajakannan, Advocate Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 13.06.2025 Date Of Pronouncement: 31.07.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 31.03.2024 For Assessment Year (Ay) 2016-17. 2. Brief Facts Of The Case Are That The Appellant Is A Partnership Firm. It Is Engaged In The Business Of Processing & Export Of Cashew Nuts. The Return Of Income For Ay 2016-17 Was Filed On 17.02.2017 Declaring Income Of Rs. 42,15,670/-. Against The Said Return Of Income, The Assessment Was Completed By The National

disallowing certain deductions by itself does not lead to the conclusion that the assessee concealed particulars of income or furnished incorrect particulars of income and provisions of section 271(1)(c

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

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

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 of empty containers, were substantial questions of law and 16 Apollo Tyres Ltd. the High Court erred in dismissing the application of the Department on those questions and the High Court

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

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

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

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 KATTOOR SERVICE COOPERATIVE BANK LIMITED,THRISSUR vs. INCOME TAX OFFICER, WARD 2(1), THRISSUR, THRISSUR

In the result, the appeals filed by the assessee stand dismissed

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm

disallowance claim u/s. 80P. However, as regards cash deposits, the CIT(A) had remitted the issue to the file of the AO for due verification. Thus, the appeal filed by the assessee stands partly allowed. Kattoor Service Co-op. Bank Ltd. 6. Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal. 7. At the outset