MINA WOOD INDUSTRIES,MATTANNUR vs. ITO, W-3, KANNUR

The appeals are allowed

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhmina Wood Industries The Income Tax Officer Iii/656 B, Kallur Ward - 3, Kannur Mattannur Vs. Kannur 670702 [Pan: Aagfm2716D] (Appellant) (Respondent)

section 40A(3) disallowance representing assessee’s cash payment made to the Kerala State Electricity Board, which admittedly is a state government authority. That being the case, this tribunal’s coordinate bench order in ITA No. 73 2/Kol/2015 in Narayan Rice Mill v. CIT dated 07.06.2017 concluded that such a disallowance is not sustainable once the corresponding recipient happened

SRI.VINU SELVARAJ M/S. RADHAS TEXTILES,KOLLAM vs. THE ITO, WD-4, KOLLAM

In the result, the appeal of the assessee is a partly allowed for statistical

Bench: Shri George George K.

section 40A(3) of the Act. 5.2 Aggrieved by the order of the Assessing Officer by making disallowance u/s. 40A(3) of the I.T. Act, the assessee preferred the appeal before the first appellate authority. Before the CIT(A), apart from reiterating the submissions made before the Assessing Officer, the assessee has relied on the following judicial pronouncements: 1. Harshila

THE ACIT, ERNAKULAM vs. M/S.NITTA GELATINE INDIA LTD, COCHIN

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

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

7. DCIT vs. Cosmo Films Ltd. (139 ITD 628) (Del.) 8. ACIT vs. Sil Investments Ltd. (54 SOT 54 (Delhi) I.T.A. Nos. 301 & 303/Coch/2017 8. We have heard the rival submissions and perused the record. In our opinion this issue was considered by the Karnataka High Court in the case of CIT (LTU) and Another vs. Rittal India

THE ACIT, COCHIN vs. M/S.NITTA GELATINE INDIA LTD, COCHIN

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

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

7. DCIT vs. Cosmo Films Ltd. (139 ITD 628) (Del.) 8. ACIT vs. Sil Investments Ltd. (54 SOT 54 (Delhi) I.T.A. Nos. 301 & 303/Coch/2017 8. We have heard the rival submissions and perused the record. In our opinion this issue was considered by the Karnataka High Court in the case of CIT (LTU) and Another vs. Rittal India

M/S THE REGIONAL AGRO INDUSTRIAL DEVELOPMENT COOPERATIVE OF KERALA LTD,KANNUR vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KANNUR RANGE

Bench: The Tribunal Within The Time Prescribed. Accordingly, The Delay Of 69 Days In Filing The Present Appeal Is Condoned.

disallowance under section 40A(3) of the Act in respect of payments totaling Rs. 72,30,560/ made directly into the bank accounts of suppliers, despite the same being compelled by business exigencies and practical limitations of the banking facilities available to the appellant. 4. The lower authorities erred in treating section 40A(3) as a rigid rule, overlooking that

THOMSON GRANITES PRIVATE LIMITED,KOMBODINJAMAKKAL vs. ACIT, CIRCLE 1(1), THRISSUR

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

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm Assessment Year: 2014-15 Thomson Granites Pvt. Ltd. .......... Appellant X/616, Kambodinjamakkal Thazhekkad P.O., Thrissur 680697 [Pan: Aacct0876E] Vs. Acit, Circle - 1(1) .......... Respondent Aayakar Bhavan, Municipal Office Road Sakthan Thampuran Nagar Thrissur 680001 Appellant By: Shri Aneesh Vishwanathan, Ca Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 09.01.2025 Date Of Pronouncement: 06.03.2025

disallowed the expenditure incurred in cash on fuel or Rs. 4,44,47,632/- u/s. 40A(3) of the Income Tax Act, 1961 (the Act) and remuneration to the Directors of Rs. 72,00,000/- invoking provisions of section 40(a)(ia) & 40A(3) of the Act. 3. Being aggrieved by the assessment order, an appeal was filed before

KKR AGRO MILLS P. LTD,ERNAKULAM vs. THE ACIT, COCHIN

In the result, appeal is allowed in favour of the assessee

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sassessment Year : 2010-11 Kkr Agro Mills Pvt. Ltd., Vs. Acit, Iii/678, Kkr Building, Okkal Kalady, Circle – 1(2), Ernakulam – 683 550. Kochi. Pan : Aabck 6542 K Assessee Respondent

7. The learned DR relied on the order of the CIT(A). 8. We heard the rival submissions and perused the material on record. The provisions of section 40A(2) reads as follows – Expenses or payments not deductible in certain circumstances. 40A. (1) ** (2)(a) Where the assessee incurs any expenditure in respect of which payment has been

THE KALAKKODU SERVICE CO-OP BANK LTD,KOLLAM vs. THE ITO, KOLLAM

In the result, the appeal filed by the assessee is partly allowed and the stay petition filed by the assessee is dismissed as infructuous

Bench: Shrigeorge George K.And Shrilaxmi Prasad Sahu(Assessment Year:2018-19

40a(3), 43B etc. Of the Act and other specific disallowances, related to the business activity against which the chapter VI-A deduction has been claimed, result in enhancement of the profits of the eligible business, and that deduction under chapter VI-A is admissible on the profits so enhanced by the disallowance. So our deduction u/s 80P will also

JULIUS RUBEN,KOCHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(1), KOCHI

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

Bench: Shri George George K, Vice- & Shri Inturi Rama Rao

Disallowance of depreciation under section 32 and capital expenditure under section 35AD on cash payment 7 ITA No.219/Coch/2025. Sri.Julius Ruben. Under the existing provisions of the Act, revenue expenditure incurred in cash exceeding certain monetary threshold is not allowable as per sub-section (3) of section 40A

M/S.KERALA STATE CO-OP AGRICULTURAL & RURAL DEV BANK LTD,TRIVANDRUM vs. THE ITO WD-2(1), TRIVANDRUM

In the result, the appeal filed by the assessee in ITA

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

40A(9) of the Act, the claim of deduction made for any payment to superannuation fund must be in accordance with section 36(1)(iv) and 36(1)(v) of the Act. Since the assessee has not been able to prove that it is a recognized provident fund or an approved gratuity fund as mentioned in section

M/S.KERALA STATE CO-OP AGRICULTURAL & RURAL DEV BANK LTD,TRIVANDRUM vs. THE ITO WD-2(1), TRIVANDRUM

In the result, the appeal filed by the assessee in ITA

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

40A(9) of the Act, the claim of deduction made for any payment to superannuation fund must be in accordance with section 36(1)(iv) and 36(1)(v) of the Act. Since the assessee has not been able to prove that it is a recognized provident fund or an approved gratuity fund as mentioned in section

CANON GRANITES PRIVATE LIMITED,THRISSUR vs. ACIT,CIRCLE-1(1), THRISSUR

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Inturi Rama Rao & Shri Soundararajan K.Assessment Year : 2013-14

7 I. The authorities below ought to have found that in identical case for subsequent assessment years substantial relief was granted by the by the assessing officer on the same issue after understanding the nature of the business carried on by the appellant. J. The authorities below ought to have found that to attract the provisions of section 40A

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Das

40A(2)(a) is on the Revenue, which it shall discharge by issuing definite findings of fact, making an objective assessment of the matter. 5.5 We decide accordingly. 6. The next issue is the disallowance of lease compensation u/s. 40(a)(ia) – which obtains only for AY 2009-10,inasmuch as no tax, as required under section 194I, had been

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Das

40A(2)(a) is on the Revenue, which it shall discharge by issuing definite findings of fact, making an objective assessment of the matter. 5.5 We decide accordingly. 6. The next issue is the disallowance of lease compensation u/s. 40(a)(ia) – which obtains only for AY 2009-10,inasmuch as no tax, as required under section 194I, had been

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Das

40A(2)(a) is on the Revenue, which it shall discharge by issuing definite findings of fact, making an objective assessment of the matter. 5.5 We decide accordingly. 6. The next issue is the disallowance of lease compensation u/s. 40(a)(ia) – which obtains only for AY 2009-10,inasmuch as no tax, as required under section 194I, had been

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Das

40A(2)(a) is on the Revenue, which it shall discharge by issuing definite findings of fact, making an objective assessment of the matter. 5.5 We decide accordingly. 6. The next issue is the disallowance of lease compensation u/s. 40(a)(ia) – which obtains only for AY 2009-10,inasmuch as no tax, as required under section 194I, had been

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Das

40A(2)(a) is on the Revenue, which it shall discharge by issuing definite findings of fact, making an objective assessment of the matter. 5.5 We decide accordingly. 6. The next issue is the disallowance of lease compensation u/s. 40(a)(ia) – which obtains only for AY 2009-10,inasmuch as no tax, as required under section 194I, had been

M/S SULAIKHA CLAY MINES,TRIVANDRUM vs. DCIT ,CIRCLE 1(2), TRIVANDRUM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Das

40A(2)(a) is on the Revenue, which it shall discharge by issuing definite findings of fact, making an objective assessment of the matter. 5.5 We decide accordingly. 6. The next issue is the disallowance of lease compensation u/s. 40(a)(ia) – which obtains only for AY 2009-10,inasmuch as no tax, as required under section 194I, had been