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11 results for “disallowance”+ Section 274clear

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Key Topics

Section 271(1)(c)21Section 143(3)11Section 10B10Addition to Income8Section 270A7Penalty7Section 153C6Section 2745Section 1545Disallowance

CHANDIROOR SERVICE CO-OPERATIVE BANK LTD,ALAPPUZHA vs. JCIT, RANGE 1, ALAPPUZHA

ITA 197/COCH/2025[2017-18]Status: DisposedITAT Cochin12 Aug 2025AY 2017-18

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarma

Section 143(3)Section 271BSection 274Section 44ASection 80P

disallowing deduction under Section 80P and determining the total income at Rs. 32,96,560. During the assessment proceedings the Assessing Officer noted that the assessee failed to get its accounts audited within the time prescribed under Section 44AB of the Act. Accordingly, penalty proceedings under Section 271B were initiated. A notice under Section 274

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

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

5
Deduction5
Section 139(1)4
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 143Section 143(3)Section 148Section 270ASection 274Section 37(1)

274. (1) No order imposing a penalty under this Chapter shall be made unless the assessee has been heard, or has been given a reasonable opportunity of being heard. (2) No order imposing a penalty under this Chapter shall be made— (a) by the Income-tax Officer, where the penalty exceeds ten thousand rupees; (b) by the Assistant Commissioner

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS), ERNAKULAM vs. ISLAMIC LEARNING MISSION TRUST, KERALA

Appeal is dismissed in above terms

ITA 102/COCH/2024[2014-15]Status: DisposedITAT Cochin14 Aug 2024AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: --- None ---For Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 11(1)(d)Section 143(3)Section 271Section 271(1)(c)

disallowance constituted concealment of particulars of income proceedings u/s. 271 rws 274 of the I. T. Act was initiated by by issue of notice dated 20.12.2016. In response the appellant submitted that the trust is eligible for exemption under section

SRI.MOHAMMED SHERIEF,KARUNAGAPPALLY vs. THE ACIT, CENTRAL CIRCLE, KOLLAM

In the result, ITA No. 463/Coch/2016 is allowed and ITA No

ITA 102/COCH/2023[2007-08]Status: DisposedITAT Cochin14 May 2025AY 2007-08

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

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 133ASection 153ASection 153C

Section 153C of the Act. The finding of fact recorded by the Commissioner of Income Tax (Appeals) is not on this aspect of the matter. As already excerpted, the Tribunal examined yet another circumstance and recorded a finding in the common order impugned in the appeal. We are pursuaded with the argument of Adv. Navneeth N. Nath that the Tribunal

SRI.MOHAMMED SHERIEF,KARUNAGAPPALLY vs. THE DCIT, KOLLAM

In the result, ITA No. 463/Coch/2016 is allowed and ITA No

ITA 463/COCH/2016[2007-08]Status: DisposedITAT Cochin14 May 2025AY 2007-08

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

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 133ASection 153ASection 153C

Section 153C of the Act. The finding of fact recorded by the Commissioner of Income Tax (Appeals) is not on this aspect of the matter. As already excerpted, the Tribunal examined yet another circumstance and recorded a finding in the common order impugned in the appeal. We are pursuaded with the argument of Adv. Navneeth N. Nath that the Tribunal

JACOB THOMAS,KOZHENCHERRY vs. ACIT, THIRUVALLA RANGE, THIRUVALLA

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

ITA 138/COCH/2024[AY 2020-2021]Status: DisposedITAT Cochin14 May 2025

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm Assessment Year: 2020-21 Jacob Thomas .......... Appellant 1, Mulamoottil, Kozhencherry 689641 [Pan: Ackpt3269L] Vs. Acit, Ward-1 & Tps, Thiruvalla .......... Respondent Appellant By: Shri Rajakannan, Advocate Respondent By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 20.03.2025 Date Of Pronouncement: 14.05.2025 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 27.12.2023 For Assessment Year (Ay) 2020-21. 2. Brief Facts Of The Case Are That The Appellant Is An Individual Deriving Income Under The Head ‘Business’. The Return Of Income For Ay 2020-21 Was Filed On 31.12.2020 Declaring Nil. Against The Said Return Of Income, The Assessment Was Completed By The Acit, Ward -1, Thriuvalla (Hereinafter Called "The Ao") Vide Order Dated 28.09.2022 Passed U/S. 143(3) Of The Income Tax Act, 1961 (The 2 Jacob Thomas Act) At A Total Income Of Rs. 59,34,921/-. While Doing So, The Ao Made Disallowance Of Interest Expenditure Claimed Of Rs. 89,73,412/- U/S. 57 Of The Act. Accordingly, A Show Cause Notice Was Issued U/S. 274 R.W.S 270A Of The Act. The Appellant Had Failed O Respond To The Above Show Cause Notice. In The Circumstances The Ao Had Proceeded With Levy Penalty Of Rs. 57,24,630/- U/S. 270A By Holding That The Appellant Is Guilty Of Misreporting Income.

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 270ASection 274Section 275(1)Section 57

274 r.w.s 270A of the Act. The appellant had failed o respond to the above show cause notice. In the circumstances the AO had proceeded with levy penalty of Rs. 57,24,630/- u/s. 270A by holding that the appellant is guilty of misreporting income. 3. Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned

M/S.BODYGEAR INTERNATIONAL P. LTD,ERNAKULAM vs. THE DCIT, KOCHI

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

ITA 274/COCH/2023[2007-08]Status: DisposedITAT Cochin14 May 2025AY 2007-08

Bench: Shri Inturi Rama Rao & Shri Soundararajan K

For Appellant: Sri.Radhesh Bhatt, CAFor Respondent: Sri.Omanakuttan, Senior AR
Section 10BSection 10B(1)Section 139(1)Section 143(3)

section 10B of the Act. However, the CIT(A) has 3 ITA No.274/Coch/2023. Bodygear International Pvt.Ltd. confirmed the action of the AO in disallowing the claim for deduction u/s.10B of the Act by holding that filing revised return does not amount to substitution of the original return filed u/s.139(1) of the Act, and therefore, does not constitute a sufficient

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

ITA 339/COCH/2025[2016-17]Status: DisposedITAT Cochin31 Jul 2025AY 2016-17

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

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)Section 14ASection 271(1)(c)Section 274Section 3

274 r.w.s. 271(1)(c) of the Act for furnishing inaccurate particulars of income. In response to the show cause notice the appellant filed explanation stating that mere disallowance of claim does not amount to furnishing of inaccurate particulars of income, therefore, no penalty can be levied. 3. Being aggrieved, an appeal was filed before the CIT(A), who vide

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

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

ITA 776/COCH/2025[2012-13]Status: DisposedITAT Cochin20 Nov 2025AY 2012-13

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

For Appellant: Shri Jose Zachariah, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)Section 148Section 14ASection 271(1)(c)Section 274

disallowed the loss on account of foreign currency transaction of Rs. 21,84,084/-. The said assessment order attained finality as the appellant had chosen not to contest further. The AO had initiated penalty proceedings u/s. 274 r.w.s. 271(1)(c) of the Act vide show cause notice dated 30.12.2019 for furnishing inaccurate particulars of income. In response

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

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

ITA 850/COCH/2022[2016-2017]Status: DisposedITAT Cochin09 Mar 2023AY 2016-2017

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/-.

For Appellant: Sri. Rajakannan, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. AR
Section 143(3)Section 250Section 271(1)Section 271(1)(C)Section 271(1)(c)Section 37

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

THE SOUTH INDIAN BANK,THRISSUR vs. DCIT, CIRCLE 1(1) & TPS, THRISSUR

In the result, the appeal by the assessee is dismissed

ITA 284/COCH/2024[2008-2009]Status: DisposedITAT Cochin27 May 2025AY 2008-2009

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 Dcit, Circle – 1(1) & Tps ……………… Respondent Thrissur, Kerala

For Appellant: Shri Naresh C, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 115Section 142(1)Section 143(2)Section 143(3)Section 154Section 234BSection 234DSection 250

disallowing the MAT credit granted vide order dated 24/12/2010, the rectification order was passed on 11/02/2019 in the present case, which is beyond the statutory limitation period of 4 years. 8. On the other hand, the learned Departmental Representative (“learned DR”) vehemently relied upon the impugned order. 9. We have considered the submissions of both sides and perused the material