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27 results for “disallowance”+ Section 36(1)(viia)clear

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Key Topics

Section 143(3)32Section 4020Section 36(1)(viia)18Section 14A18Disallowance15Section 15414Section 3613Section 36(1)(viii)12Section 220(2)12Deduction

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

ITA 395/COCH/2023[2013-14]Status: DisposedITAT Cochin13 Aug 2024AY 2013-14

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri.Gopi, CAFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 144Section 147Section 14ASection 36Section 36(1)(viii)

viia) of Section 36(1) of the Act, deduction allowable was up to 7.58 of the total income before deduction of this provision and deduction under Chapter VIA and 10% of the aggregate advances of rural branches. There is no dispute with respect to the limit of 7.58 on total income, which was assessee Bank. The Assessing Officer hence rightly

Showing 1–20 of 27 · Page 1 of 2

10
Addition to Income9
Rectification u/s 1547

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

ITA 399/COCH/2023[2017-18]Status: DisposedITAT Cochin13 Aug 2024AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri.Gopi, CAFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 144Section 147Section 14ASection 36Section 36(1)(viii)

viia) of Section 36(1) of the Act, deduction allowable was up to 7.58 of the total income before deduction of this provision and deduction under Chapter VIA and 10% of the aggregate advances of rural branches. There is no dispute with respect to the limit of 7.58 on total income, which was assessee Bank. The Assessing Officer hence rightly

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

ITA 394/COCH/2023[2012-13]Status: DisposedITAT Cochin13 Aug 2024AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri.Gopi, CAFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 144Section 147Section 14ASection 36Section 36(1)(viii)

viia) of Section 36(1) of the Act, deduction allowable was up to 7.58 of the total income before deduction of this provision and deduction under Chapter VIA and 10% of the aggregate advances of rural branches. There is no dispute with respect to the limit of 7.58 on total income, which was assessee Bank. The Assessing Officer hence rightly

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

ITA 393/COCH/2023[2011-12]Status: DisposedITAT Cochin13 Aug 2024AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri.Gopi, CAFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 144Section 147Section 14ASection 36Section 36(1)(viii)

viia) of Section 36(1) of the Act, deduction allowable was up to 7.58 of the total income before deduction of this provision and deduction under Chapter VIA and 10% of the aggregate advances of rural branches. There is no dispute with respect to the limit of 7.58 on total income, which was assessee Bank. The Assessing Officer hence rightly

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

ITA 396/COCH/2023[2014-15]Status: DisposedITAT Cochin13 Aug 2024AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri.Gopi, CAFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 144Section 147Section 14ASection 36Section 36(1)(viii)

viia) of Section 36(1) of the Act, deduction allowable was up to 7.58 of the total income before deduction of this provision and deduction under Chapter VIA and 10% of the aggregate advances of rural branches. There is no dispute with respect to the limit of 7.58 on total income, which was assessee Bank. The Assessing Officer hence rightly

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

ITA 397/COCH/2023[2015-16]Status: DisposedITAT Cochin13 Aug 2024AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri.Gopi, CAFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 144Section 147Section 14ASection 36Section 36(1)(viii)

viia) of Section 36(1) of the Act, deduction allowable was up to 7.58 of the total income before deduction of this provision and deduction under Chapter VIA and 10% of the aggregate advances of rural branches. There is no dispute with respect to the limit of 7.58 on total income, which was assessee Bank. The Assessing Officer hence rightly

ACIT CORPORATE CIRCLE -1 (1), KOCHI vs. M/S GEOFIN COMTRADE LTD, KOCHI

In the result, the Revenue’s appeals are allowed

ITA 968/COCH/2022[2014-15]Status: DisposedITAT Cochin13 Mar 2024AY 2014-15

Bench: Shri Sanjay Arora & Dr. S. Seethalakshmi

For Appellant: Ms. Rohini Thampi, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 143(3)Section 36(1)(vii)

1)(viia), is to be with reference to debts other than those written off and, further, w.e.f. 01.04.1999 (i.e., AY 2000-01 onwards), to include advances by both rural and urban branches of a scheduled or unscheduled bank and, further, statutorily mandated (w.e.f. 01.04.2013) to be per a single account. Without doubt, recovery in an account qua which such

ACIT, KOCHI vs. M/S.GEOFIN COMTRADE LTD, KOCHI

In the result, the Revenue’s appeals are allowed

ITA 967/COCH/2022[2013-14]Status: DisposedITAT Cochin13 Mar 2024AY 2013-14

Bench: Shri Sanjay Arora & Dr. S. Seethalakshmi

For Appellant: Ms. Rohini Thampi, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 143(3)Section 36(1)(vii)

1)(viia), is to be with reference to debts other than those written off and, further, w.e.f. 01.04.1999 (i.e., AY 2000-01 onwards), to include advances by both rural and urban branches of a scheduled or unscheduled bank and, further, statutorily mandated (w.e.f. 01.04.2013) to be per a single account. Without doubt, recovery in an account qua which such

THE SOUTH INDIAN BANK LIMITED,THRISSUR vs. JCIT, RANGE-1, THRISSUR

Appeal is allowed

ITA 283/COCH/2024[2008-2009]Status: DisposedITAT Cochin23 Oct 2024AY 2008-2009

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Naresh S., CAFor Respondent: Dr. S. Pandian, CIT-DR
Section 153Section 154Section 220(2)Section 234DSection 244ASection 244aSection 250

disallowance of expenses incurred on QIP treating the same as capital expenditure. 2. Without prejudice to the above, on the facts and in the circumstances of the case and in law, the Id. CIT(A) ought to have at least allowed deduction u/s 35D in respect of the said expenditure. 3. On the facts and in the circumstances

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

Appeal is allowed

ITA 286/COCH/2024[2014-2015]Status: DisposedITAT Cochin23 Oct 2024AY 2014-2015

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Naresh S., CAFor Respondent: Dr. S. Pandian, CIT-DR
Section 153Section 154Section 220(2)Section 234DSection 244ASection 244aSection 250

disallowance of expenses incurred on QIP treating the same as capital expenditure. 2. Without prejudice to the above, on the facts and in the circumstances of the case and in law, the Id. CIT(A) ought to have at least allowed deduction u/s 35D in respect of the said expenditure. 3. On the facts and in the circumstances

THE SOUTH INDIAN BANK LIMITED,THRISSUR vs. ACIT, CIRCLE-1(1), THRISSUR

Appeal is allowed

ITA 232/COCH/2024[2004-2005]Status: DisposedITAT Cochin23 Oct 2024AY 2004-2005

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Naresh S., CAFor Respondent: Dr. S. Pandian, CIT-DR
Section 153Section 154Section 220(2)Section 234DSection 244ASection 244aSection 250

disallowance of expenses incurred on QIP treating the same as capital expenditure. 2. Without prejudice to the above, on the facts and in the circumstances of the case and in law, the Id. CIT(A) ought to have at least allowed deduction u/s 35D in respect of the said expenditure. 3. On the facts and in the circumstances

THE SOUTH INDIAN BANK LIMITED,THRISSUR vs. JCIT, CIRCLE-1(1), THRISSUR

Appeal is allowed

ITA 233/COCH/2024[2006-2007]Status: DisposedITAT Cochin23 Oct 2024AY 2006-2007

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Naresh S., CAFor Respondent: Dr. S. Pandian, CIT-DR
Section 153Section 154Section 220(2)Section 234DSection 244ASection 244aSection 250

disallowance of expenses incurred on QIP treating the same as capital expenditure. 2. Without prejudice to the above, on the facts and in the circumstances of the case and in law, the Id. CIT(A) ought to have at least allowed deduction u/s 35D in respect of the said expenditure. 3. On the facts and in the circumstances

THE SOUTH INDIAN BANK LIMITED ,THRISSUR vs. ACIT, CIRCLE 1(1), THRISSUR

Appeal is allowed

ITA 285/COCH/2024[2013-2014]Status: DisposedITAT Cochin23 Oct 2024AY 2013-2014

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Naresh S., CAFor Respondent: Dr. S. Pandian, CIT-DR
Section 153Section 154Section 220(2)Section 234DSection 244ASection 244aSection 250

disallowance of expenses incurred on QIP treating the same as capital expenditure. 2. Without prejudice to the above, on the facts and in the circumstances of the case and in law, the Id. CIT(A) ought to have at least allowed deduction u/s 35D in respect of the said expenditure. 3. On the facts and in the circumstances

THE SOUTH INDIAN BANK LIMITED,THRISSUR vs. DCIT, THRISSUR

Appeal is allowed

ITA 288/COCH/2024[2019-2020]Status: DisposedITAT Cochin23 Oct 2024AY 2019-2020

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Naresh S., CAFor Respondent: Dr. S. Pandian, CIT-DR
Section 153Section 154Section 220(2)Section 234DSection 244ASection 244aSection 250

disallowance of expenses incurred on QIP treating the same as capital expenditure. 2. Without prejudice to the above, on the facts and in the circumstances of the case and in law, the Id. CIT(A) ought to have at least allowed deduction u/s 35D in respect of the said expenditure. 3. On the facts and in the circumstances

KERALA STATE CO-OPERATIVE BANK LTD,THIRUVANANTHAPURAM vs. DCIT,CIRCLE-1(1), THIRUVANANHAPURAM

ITA 171/COCH/2024[2018-2019]Status: DisposedITAT Cochin11 Dec 2024AY 2018-2019

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Assessment Year : 2018-19

For Appellant: Shri Dijo Mathew, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(2)Section 270ASection 270A(1)Section 270A(2)Section 36(1)(viia)Section 40

disallowed the deduction claimed u/s. 36(1)(viia) of the Act for the reason that the assessee has no rural branches. The AO finally came to the conclusion that the assessee has not furnished the details of the rural branches and therefore the assessee is not qualified for deduction u/s. 36(1)(viia) of the Act and also

FEDBANK FINANCIAL SERVICES LIMITED,ERNAKULAM vs. THE DCIT CIRCLE 1(1), KOCHI, KOCHI

In the result, the appeal of the assessee is allowed

ITA 838/COCH/2022[2017-2018]Status: DisposedITAT Cochin08 Mar 2023AY 2017-2018

Bench: Shri George George K. & Ms. Padmavathy S.Assessment Year : 2017-18

For Appellant: Ms. K. Parvathy Ammal, CAFor Respondent: Shri Prashanth V.K., CIT(DR)
Section 143(3)Section 263Section 36Section 36(1)(viia)Section 37

disallowance in the ITR filed for AY 2017-18... as such amount claimed under section 36(1)(viia) is only

THE SOUTH INDIAN BANK LIMITED,THRISSUR vs. PCIT, , THRISSUR

In the result, the appeal by the assessee is allowed

ITA 628/COCH/2024[2018-19]Status: DisposedITAT Cochin27 May 2025AY 2018-19

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 Pcit, Aayakar Bhavan, North Block, ……………… Respondent New Annex Building Mananchira, Kozhikode Kerala.

For Appellant: Shri Naresh C, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 142(1)Section 143Section 143(2)Section 143(3)Section 154Section 250Section 263Section 36(1)(vii)Section 36(1)(viia)Section 36(2)(v)

disallowed on the ground that AO has not conducted inquiry regarding the claim of bad debts. As stated in earlier para, the full details of the claim were furnished to NeAC detailing the fact that there was no opening credit balance in provision for bad and doubtful debts account u/s 36(1)(viia) for tax purposes and hence the claim

M/S.STATE BANK OF INDIA(SUCCESSOR TO STATE BANK OF TRAVANCORE),TRIVANDRUM vs. THE ACIT, TRIVANDRUM

ITA 252/COCH/2017[2010-11]Status: DisposedITAT Cochin25 Sept 2024AY 2010-11

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri Ninad Patade, CAFor Respondent: Sri Dr. S. Pandian, CIT-DR
Section 143(3)Section 263Section 36(1)Section 36(1)(viia)Section 36(1)(viii)Section 36(1)(vili)Section 43B

1)(viia) deduction disallowance /addition amounting to Rs.10,90,20,000/- made in the course of assessment herein dated 16.12.2015 as upheld in the CIT(A)'s detailed discussion as under : “2.3. I considered both the views expressed. As per section 36

M/S.STATE BANK OF INDIA(SUCCESSOR TO STATE BANK OF TRAVANCORE),TRIVANDRUM vs. THE ACIT, TRIVANDRUM

ITA 251/COCH/2017[2002-03]Status: DisposedITAT Cochin25 Sept 2024AY 2002-03

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri Ninad Patade, CAFor Respondent: Sri Dr. S. Pandian, CIT-DR
Section 143(3)Section 263Section 36(1)Section 36(1)(viia)Section 36(1)(viii)Section 36(1)(vili)Section 43B

1)(viia) deduction disallowance /addition amounting to Rs.10,90,20,000/- made in the course of assessment herein dated 16.12.2015 as upheld in the CIT(A)'s detailed discussion as under : “2.3. I considered both the views expressed. As per section 36

THE KOLLAM DISTRICT CO OPERATIVE BANK LTD,KOLLAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE KOLLAM

In the result, appeal filed by the assessee sands dismissed

ITA 660/COCH/2023[2017-18]Status: DisposedITAT Cochin14 May 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm Assessment Year: 2017-18 Kollam District Co-Operative Bank Ltd. .......... Appellant Chinnakada, Kollam 691001 [Pan: Aaaat4088L] Vs. The Income Tax Officer, Circle Kollam .......... Respondent Appellant By: ------- None ------- Respondent By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 24.02.2025 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 19.05.2023 For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That The Appellant Is A District Co- Operative Bank Engaged In The Business Of Accepting Deposits From Members & Lending Money To Its Members. The Return Of Income For Ay 2017-18 Was Filed On 01.11.2017 Declaring Total Income At Rs. 16,14,89,500/-. Against The Said Return Of Income, The 2 Kollam District Co-Operative Bank Ltd. Assessment Was Completed By The Acit, Circle Kollam (Hereinafter Called "The Ao") Vide Order Dated 23.12.2019 Passed U/S. 143(3) Of The Act At A Total Income Of Rs. 26,20,34,663/-. While Doing So, The Ao Made The Following Disallowances/Additions: -

For Appellant: ------- None -------For Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 36(1)(vii)Section 36(1)(viia)Section 40Section 48

disallowance of provision u/s. 36(1)(viia) of the Act. We have carefully perused the assessment order. The AO, after calling for information regarding rural branches, held that the branches mentioned in para 6 of the assessment order cannot be classified as rural branches as the population of such places exceed 10,000 as per the census of 2011. These