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135 results for “disallowance”+ Section 41clear

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Key Topics

Section 25099Section 80P52Deduction37Disallowance35Section 143(3)34Section 32(1)(iia)30Section 14A29Section 139(1)27Section 153A27Addition to Income

HI-LITE BUILDERS PRIVATE LIMITED ,KOZHIKODE vs. DCIT, CENTRAL CIRCLE-1, KOZHIKODE, KOZHIKODE

In the result, the appeal by the assessee is allowed

ITA 620/COCH/2022[2009-2010]Status: DisposedITAT Cochin20 Jan 2023AY 2009-2010

Bench: Smt. Beena Pillai & Ms. Padmavathy S.Assessment Year : 2009-10

For Appellant: Mr. Shameem Ahamed, AdvocateFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 139Section 143(3)Section 263Section 40

41,018. The case was selected for scrutiny and assessment was completed u/s. 143(3) assessing an income of Rs.1,03,48,780. Page 2 of 16 Subsequently, the CIT, Kozhikode, set aside the order of assessment u/s. 263 with a direction to make fresh assessment on the ground that the tax deducted at source by the assessee during

Showing 1–20 of 135 · Page 1 of 7

27
Section 4023
TDS8

SANTHIMADAM AGROFARM TRUST,KOCHI vs. THE ACIT CENTRAL CIRCLE 2, KOCHI

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

ITA 223/COCH/2023[2008-09]Status: DisposedITAT Cochin06 Aug 2024AY 2008-09

Bench: Shri Chandra Poojari & Shri Soundararajan K.

For Appellant: Shri Mathew Joseph, CAFor Respondent: Shri Ilaiyaraja K.S., Sr. DR
Section 132Section 142(1)Section 153CSection 194CSection 234ASection 40Section 68Section 69

disallowance of Rs 4,41,080 u/s 40 (a) (ia) and making an addition of Rs 5,73,799 as unexplained investment u/s 69 without appreciating the fact that the appellant is engaged in growing and sale of herbal plants and that the income derived is agricultural income which shall not include total by virtue of section

SANTHIMADAM AGROFARM TRUST,KOCHI vs. THE ACIT CENTRAL CIRCLE 2, KOCHI

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

ITA 222/COCH/2023[2007-08]Status: DisposedITAT Cochin06 Aug 2024AY 2007-08

Bench: Shri Chandra Poojari & Shri Soundararajan K.

For Appellant: Shri Mathew Joseph, CAFor Respondent: Shri Ilaiyaraja K.S., Sr. DR
Section 132Section 142(1)Section 153CSection 194CSection 234ASection 40Section 68Section 69

disallowance of Rs 4,41,080 u/s 40 (a) (ia) and making an addition of Rs 5,73,799 as unexplained investment u/s 69 without appreciating the fact that the appellant is engaged in growing and sale of herbal plants and that the income derived is agricultural income which shall not include total by virtue of section

SANTHIMADAM AGROFARM TRUST,KOCHI vs. THE ACIT CENTRAL CIRCLE 2, KOCHI

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

ITA 220/COCH/2023[2005-06]Status: DisposedITAT Cochin06 Aug 2024AY 2005-06

Bench: Shri Chandra Poojari & Shri Soundararajan K.

For Appellant: Shri Mathew Joseph, CAFor Respondent: Shri Ilaiyaraja K.S., Sr. DR
Section 132Section 142(1)Section 153CSection 194CSection 234ASection 40Section 68Section 69

disallowance of Rs 4,41,080 u/s 40 (a) (ia) and making an addition of Rs 5,73,799 as unexplained investment u/s 69 without appreciating the fact that the appellant is engaged in growing and sale of herbal plants and that the income derived is agricultural income which shall not include total by virtue of section

SANTHIMADAM AGROFARM TRUST,KOCHI vs. THE ACIT CENTRAL CIRCLE 2, KOCHI

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

ITA 221/COCH/2023[2006-07]Status: DisposedITAT Cochin06 Aug 2024AY 2006-07

Bench: Shri Chandra Poojari & Shri Soundararajan K.

For Appellant: Shri Mathew Joseph, CAFor Respondent: Shri Ilaiyaraja K.S., Sr. DR
Section 132Section 142(1)Section 153CSection 194CSection 234ASection 40Section 68Section 69

disallowance of Rs 4,41,080 u/s 40 (a) (ia) and making an addition of Rs 5,73,799 as unexplained investment u/s 69 without appreciating the fact that the appellant is engaged in growing and sale of herbal plants and that the income derived is agricultural income which shall not include total by virtue of section

CONDIS INDIA HEALTHCARE PRIVATE LIMITED,TRIVANDRUM vs. ACIT CIRCLE 1(1), TRIVANDRUM

In the result, the appeals ITA Nos

ITA 356/COCH/2023[2015-16]Status: DisposedITAT Cochin27 Sept 2024AY 2015-16

Bench: Shri Waseem Ahmed & Shri Soundararajan K.

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Smt. Girly Albert, Sr. D.R
Section 10(34)Section 139Section 14A

disallowance Condis India Healthcare Pvt. Ltd. u/s 14A of the Act. The relevant funding of the Hon’ble Supreme Court reads as under: - “41. Having regard to the language of Section

CONDIS INDIA HEALTHCARE PRIVATE LIMITED,TRIVANDRUM vs. ACIT CIRCLE 1(1), TRIVANDRUM

In the result, the appeals ITA Nos

ITA 355/COCH/2023[2014-15]Status: DisposedITAT Cochin27 Sept 2024AY 2014-15

Bench: Shri Waseem Ahmed & Shri Soundararajan K.

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Smt. Girly Albert, Sr. D.R
Section 10(34)Section 139Section 14A

disallowance Condis India Healthcare Pvt. Ltd. u/s 14A of the Act. The relevant funding of the Hon’ble Supreme Court reads as under: - “41. Having regard to the language of Section

CONDIS INDIA HEALTHCARE PRIVATE LIMITED,TRIVANDRUM vs. ACIT CIRCLE 1(1), TRIVANDRUM

In the result, the appeals ITA Nos

ITA 354/COCH/2023[2013-14]Status: DisposedITAT Cochin27 Sept 2024AY 2013-14

Bench: Shri Waseem Ahmed & Shri Soundararajan K.

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Smt. Girly Albert, Sr. D.R
Section 10(34)Section 139Section 14A

disallowance Condis India Healthcare Pvt. Ltd. u/s 14A of the Act. The relevant funding of the Hon’ble Supreme Court reads as under: - “41. Having regard to the language of Section

GEORGE KOCHUPARAMBIL, PROP. UNITED GRANITES & METALS,THODUPUZHA vs. CENTRAL CIRCLE, KOCHI, KOCHI

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

ITA 190/COCH/2021[2017-18]Status: DisposedITAT Cochin30 Mar 2023AY 2017-18

Bench: Smt. Beena Pillai, Juduicial Member & Ms. Padmavathy Sshri George Kochuparambil Kochuparambil House Dcit/Acit, Central Vazhithala P.O. Vs. Circle Thodupuzha Kochi Idukki 685583 Pan – Afjpk9650E Appellant Respondent Appellant By: Shri Mathew Joseph, Ca Respondent By: Shri M. Jarasekhar, Cit-Dr Date Of Hearing: 10.01.2023 Date Of Pronouncement: 30.03.2023

For Appellant: Shri Mathew Joseph, CAFor Respondent: Shri M. Jarasekhar, CIT-DR
Section 135Section 143(2)Section 143(3)Section 263Section 37Section 37(1)

41,053/- is disallowed and added to the returned income u/s 37.” The argument made by the learned A.R. that since there is no disallowance made by the AO it has to be considered that the AO was satisfied with the claim of CSR expenses under Section

VALAPAD SERVICE CO OPERATIVE BANK LTD,VALAPAD vs. INCOME TAX OFFICER, GURUVAYUR

Appeal of the assessee is dismissed

ITA 190/COCH/2025[2023-2024]Status: DisposedITAT Cochin12 Aug 2025AY 2023-2024

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarma

Section 139(1)Section 139(4)Section 143(1)Section 143(1)(a)Section 80PSection 80P(2)(a)

disallowed the claim of deduction under section 80P of the Act and added an income of Rs. 2,41,62,830 income

ASPINWALL AND COMPANY LTD,KOCHI vs. DCIT CORPORATE CIRCLE 1(1), KOCHI

ITA 575/COCH/2023[2014-15]Status: DisposedITAT Cochin23 Oct 2024AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 14ASection 250Section 41Section 41(1)

disallowance only on the ground that so far as proportionate expenditure and administrative head(s) are concerned, the assessee was having sufficient interest free funs and the lower authorities herein ought to have only considered the exempt income yielding investments respectively. 4. Faced with this situation, we deem it appropriate to direct the learned Assessing Officer to finalise his consequential

ASPINWALL AND COMPANY LTD,KOCHI vs. DCIT CORPORATE CIRCLE 1(1), KOCHI

ITA 572/COCH/2023[2011-12]Status: DisposedITAT Cochin23 Oct 2024AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 14ASection 250Section 41Section 41(1)

disallowance only on the ground that so far as proportionate expenditure and administrative head(s) are concerned, the assessee was having sufficient interest free funs and the lower authorities herein ought to have only considered the exempt income yielding investments respectively. 4. Faced with this situation, we deem it appropriate to direct the learned Assessing Officer to finalise his consequential

ASPINWALL AND COMPANY LTD,KOCHI vs. DCIT CORPORATE CIRCLE 1(1), KOCHI

ITA 574/COCH/2023[2013-14]Status: DisposedITAT Cochin23 Oct 2024AY 2013-14

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 14ASection 250Section 41Section 41(1)

disallowance only on the ground that so far as proportionate expenditure and administrative head(s) are concerned, the assessee was having sufficient interest free funs and the lower authorities herein ought to have only considered the exempt income yielding investments respectively. 4. Faced with this situation, we deem it appropriate to direct the learned Assessing Officer to finalise his consequential

ASPINWALL AND COMPANY LTD,KOCHI vs. DCIT CORPORATE CIRCLE 1(1) RANGE 1, KOCHI

ITA 573/COCH/2023[2010-11]Status: DisposedITAT Cochin23 Oct 2024AY 2010-11

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 14ASection 250Section 41Section 41(1)

disallowance only on the ground that so far as proportionate expenditure and administrative head(s) are concerned, the assessee was having sufficient interest free funs and the lower authorities herein ought to have only considered the exempt income yielding investments respectively. 4. Faced with this situation, we deem it appropriate to direct the learned Assessing Officer to finalise his consequential

ASPINWALL AND COMPANY LTD,KOCHI vs. THE DCIT CORPORATE CIRCLE 1(1), KOCHI

ITA 576/COCH/2023[F.Y.2017-18]Status: DisposedITAT Cochin23 Oct 2024

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 14ASection 250Section 41Section 41(1)

disallowance only on the ground that so far as proportionate expenditure and administrative head(s) are concerned, the assessee was having sufficient interest free funs and the lower authorities herein ought to have only considered the exempt income yielding investments respectively. 4. Faced with this situation, we deem it appropriate to direct the learned Assessing Officer to finalise his consequential

MUTHOOT BANKERS,TRIVANDRUM vs. THE ACIT CIRCLE 1(2), TRIVANDRUM

ITA 610/COCH/2023[2013-14]Status: DisposedITAT Cochin23 Oct 2024AY 2013-14

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Sreenivasan, CAFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 14ASection 250

section 14A r.w. rule 8D disallowance(s) amounting to Rs.88,68,993/- and Rs. 96,41,136/-; assessment year-wise

MUTHOOT BANKERS,TRIVANDRUM vs. THE ACIT CIRCLE 1(2), TRIVANDRUM

ITA 609/COCH/2023[2008-09]Status: DisposedITAT Cochin23 Oct 2024AY 2008-09

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Sreenivasan, CAFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 14ASection 250

section 14A r.w. rule 8D disallowance(s) amounting to Rs.88,68,993/- and Rs. 96,41,136/-; assessment year-wise

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)

41(4) of the 1961 Act and, consequently, there is no merit in the contention that, if the assessee succeeds, then it would result in escapement of income from assessment.” (pg. 173) Reference here may profitably also be made to the decision in Catholic Syrian Bank Ltd. v. CIT [2012] 343 ITR 270 (SC), wherein the Hon'ble Apex Court

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)

41(4) of the 1961 Act and, consequently, there is no merit in the contention that, if the assessee succeeds, then it would result in escapement of income from assessment.” (pg. 173) Reference here may profitably also be made to the decision in Catholic Syrian Bank Ltd. v. CIT [2012] 343 ITR 270 (SC), wherein the Hon'ble Apex Court

ANNA ALUMINIUM COMPANY (P) LTD.,ERNAKULAM vs. DY.COMMISSIONER OF INCOME T AX CORP.CIRCLE1(1), KOCHI

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

ITA 738/COCH/2023[AY-2017-18]Status: DisposedITAT Cochin27 Jun 2025

Bench: Shri Inturi Rama Rao, Am & Prakash Chand Yadav, Jm Assessment Year: 2017-18 Anna Aluminium Company (P) Ltd. .......... Appellant Kp 111 847, Kizhakkambalam, Aluva 683562 [Pan: Aafca6562R] Vs. Dcit, Corporate Circle-1(1), Kochi .......... Respondent Appellant By: Shri Harikrishnanunny, Ca Respondent By: Shri Sundarasan S., Cit-Dr Date Of Hearing: 28.05.2025 Date Of Pronouncement: 27.06.2025 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 26.08.2023 For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That The Appellant Is A Company Incorporated Under The Provisions Of Companies Act. The Return Of Income For Ay 2017-18 Was Filed On 30.10.2017 Declaring Income Of Rs. 7,50,26,610/-. Against The Said Return Of Income, The Assessment Was Completed By The Dcit, Corporate Circle 1(1), Kochi (Hereinafter Called "The Ao") Vide Order Dated 23.12.2019

For Appellant: Shri Harikrishnanunny, CAFor Respondent: Shri Sundarasan S., CIT-DR
Section 143(3)Section 41(1)

disallowed the claim for bad debts written off of Rs. 5,03,26,576/- by holding that the appellant company had created only provision but actually not written off the debts. The AO also made addition of Rs. 21,70,211/- u/s. 41(1) of the Act by holding that sundry creditors are outstanding for more than three years