FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

iv) It was submitted that when sufficient surplus funds are available, investments made out of such funds and tax free dividend is earned on such investments no disallowance could be made and in this regard relied on decision of Hon’ble Gujarat High Court in the case of CIT Vs. Sitex Industries Ltd., (2017) 82 taxmann.com

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

iv) It was submitted that when sufficient surplus funds are available, investments made out of such funds and tax free dividend is earned on such investments no disallowance could be made and in this regard relied on decision of Hon’ble Gujarat High Court in the case of CIT Vs. Sitex Industries Ltd., (2017) 82 taxmann.com

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

iv) It was submitted that when sufficient surplus funds are available, investments made out of such funds and tax free dividend is earned on such investments no disallowance could be made and in this regard relied on decision of Hon’ble Gujarat High Court in the case of CIT Vs. Sitex Industries Ltd., (2017) 82 taxmann.com

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

iv) It was submitted that when sufficient surplus funds are available, investments made out of such funds and tax free dividend is earned on such investments no disallowance could be made and in this regard relied on decision of Hon’ble Gujarat High Court in the case of CIT Vs. Sitex Industries Ltd., (2017) 82 taxmann.com

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

iv) It was submitted that when sufficient surplus funds are available, investments made out of such funds and tax free dividend is earned on such investments no disallowance could be made and in this regard relied on decision of Hon’ble Gujarat High Court in the case of CIT Vs. Sitex Industries Ltd., (2017) 82 taxmann.com

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

iv) It was submitted that when sufficient surplus funds are available, investments made out of such funds and tax free dividend is earned on such investments no disallowance could be made and in this regard relied on decision of Hon’ble Gujarat High Court in the case of CIT Vs. Sitex Industries Ltd., (2017) 82 taxmann.com

DY.COMMISSIONER OF INCOME TAX, THRISSUR vs. THE CSB BANK LTD, THRISSUR

In the result, the appeal of revenue is dismissed

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

disallowance of provisions of bad and doubtful debts to the extent of Rs. 57.57 crores is deleted. 3. The CIT(A) has erred on the following points while deleting the Book profit enhancement consequent to bad and doubtful debt the extent of Rs. 57.57 crores. 3.1. Vijaya Bank decision is applicable only for normal Income and not MAT Income [Minimum

MANJILAS AGRO FOOD PVT.LTD.,THRISSUR vs. THE ITO,WARD-1(2),, THRISSUR

In the result, all the appeals by the assessee are partly allowed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S.

iv), and its liability to deposit amounts received by it or deducted by it (Section 36(1)(va)) is, thus crucial. The former forms part of the employers’ income, and the later retains its character as an income (albeit deemed), by virtue of Section 2(24)(x) - unless the conditions spelt by Explanation to Section 36(1)(va) are satisfied

THE ACIT, CIRCLE-1(1), THRRISSUR vs. MANJILAS AGRO FOODS PVT. LTD., THRISSUR

In the result, all the appeals by the assessee are partly allowed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S.

iv), and its liability to deposit amounts received by it or deducted by it (Section 36(1)(va)) is, thus crucial. The former forms part of the employers’ income, and the later retains its character as an income (albeit deemed), by virtue of Section 2(24)(x) - unless the conditions spelt by Explanation to Section 36(1)(va) are satisfied

MANJILAS AGRO FOODS PVT. LTD,THRISSUR vs. THACIT,CIRCLE-1(1 ), THRISSUR

In the result, all the appeals by the assessee are partly allowed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S.

iv), and its liability to deposit amounts received by it or deducted by it (Section 36(1)(va)) is, thus crucial. The former forms part of the employers’ income, and the later retains its character as an income (albeit deemed), by virtue of Section 2(24)(x) - unless the conditions spelt by Explanation to Section 36(1)(va) are satisfied

M/S KANAKA POLYPACK PRIVATE LIMITED,ALUVA vs. ACIT CORPORATE CIRCLE 1(1), KOCHI

In the result, appeal of the assessee is dismissed

Bench: Shri George George K & Ms. Padmavathy Sassessment Year :2018-19 M/S. Kanaka Polypack Private Limited, Acit, Vs. Xvi, Keezhmad Panchayat, Corporate Circle - 1(1), Ashokapuram,Aluva, Kochi – 682 018. Ernakulam District, Kerala – 683 101. Pan :Aafck 1498 J Assessee Respondent

disallowance to the extent of employee’s contribution. 4. Aggrieved, the assessee is in appeal before the Tribunal. There is a delay of 12 days in filing the appeal before the Tribunal. The assessee filed a condonation petition in this regard. Having heard both the parties and perused the material on record, we are of the view that there

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

36 Taxman 305 However, the AO was of the opinion that that this pre- operative expenditure should go to form part of cost of plant and machinery and buildings as envisaged u/s. 43(1) of the Act. Accordingly, disallowed the claim for allowance as revenue expenditure of pre-operative expenditure ofRs.13,28,53,754/-. iv. Disallowance of excess claim

WELCARE HOSPITAL, SA ROAD, VYTTILA,VYTTILA vs. ASS. DIRECTOR OF INCOME TAX, NON CORPORATE CIRCLE (1), KOCHI, KOCHI

In the result, the appeal of the assessee is dismissed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S.Assessment Year : 2018-19

36(1)(va) of the Act by the revenue authorities. 3. The assessee is a super specialty hospital, filed its return of income electronically on 24.10.2018 declaring an income of Page 2 of 6 Rs.89,82,050. The return was processed by CPC and intimation u/s. 143(1) dated 10.12.2019 was issued on 19.12.2019 raising a demand of Rs.12

KAVUNGAL VAREED ITTEERA,KERALA vs. ACIT, ERNAKULAM

In the result, the appeal by the assessee is dismissed

Bench: Shri George George K. & Ms. Padmavathy S.Assessment Year : 2020-21

disallowance since the contribution to PF & ESI was made before the due date of filing the return. 4. We have heard both the parties and perused the material on record. We notice that the Hon’ble Supreme Court in the case of Checkmate Services [2022] 143 taxmann.com 178 (SC) has considered the issue of whether the employees contribution paid before

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

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

disallowed u/s 43B or u/s 36 (l)(va) of the Income Tax Act. k) Other decisions in favour of the appellant In the following decisions, the High Courts have held that payments of Employees share of PF collected if made before the date of filing of return is sufficient compliance of section 43B of the Income

REENA ENGINEERS AND CONTRACTORS PRIVATE LTD,PANAJI vs. ACIT, CENTRAL CIRCLE-1, CALICUT

In the result, the appeals filed by the assessee stand partly allowed statistical purposes

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

36,56,550/-. While doing so, the AO made disallowance of Rs. 1,17,70,000/- based on the analysis of the labour charges found in the ledger for the failure of the assessee to produce vouchers in support of labour charges. 13. Being aggrieved, an appeal was filed before the CIT(A), contending that such disallowance cannot be made

REENA ENGINEERS AND CONTRACTORS PRIVATE LTD,PANAJI vs. ACIT, CENTRAL CIRCLE-1, CALICUT

In the result, the appeals filed by the assessee stand partly allowed statistical purposes

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

36,56,550/-. While doing so, the AO made disallowance of Rs. 1,17,70,000/- based on the analysis of the labour charges found in the ledger for the failure of the assessee to produce vouchers in support of labour charges. 13. Being aggrieved, an appeal was filed before the CIT(A), contending that such disallowance cannot be made

REENA ENGINEERS AND CONTRACTORS PRIVATE LTD,PANAJI vs. ACIT, CENTRAL CIRCLE-1, CALICUT

In the result, the appeals filed by the assessee stand partly allowed statistical purposes

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

36,56,550/-. While doing so, the AO made disallowance of Rs. 1,17,70,000/- based on the analysis of the labour charges found in the ledger for the failure of the assessee to produce vouchers in support of labour charges. 13. Being aggrieved, an appeal was filed before the CIT(A), contending that such disallowance cannot be made

REENA ENGINEERS AND CONTRACTORS PRIVATE LTD,PANAJI vs. ACIT, CENTRAL CIRCLE-1, CALICUT

In the result, the appeals filed by the assessee stand partly allowed statistical purposes

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

36,56,550/-. While doing so, the AO made disallowance of Rs. 1,17,70,000/- based on the analysis of the labour charges found in the ledger for the failure of the assessee to produce vouchers in support of labour charges. 13. Being aggrieved, an appeal was filed before the CIT(A), contending that such disallowance cannot be made