THE DCIT, COCHIN vs. M/S.COCHIN INTERNATIONAL AIRPORT LTD, COCHIN

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowance claim qua its golf course under the head “plant and machinery”. Learned A.R. not only drew strong support from the CIT(A)’s detailed discussion but also produced this tribunal’s coordinate bench’s order in Landbase India Ltd. vs. ACIT [2020] 185 ITD 40 (Delhi) (Tribu.). Mr. Gopi takes as to para 6 therein that

THE DCIT, COCHIN vs. M/S.COCHIN INTERNATIONAL AIRPORT LTD, COCHIN

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowance claim qua its golf course under the head “plant and machinery”. Learned A.R. not only drew strong support from the CIT(A)’s detailed discussion but also produced this tribunal’s coordinate bench’s order in Landbase India Ltd. vs. ACIT [2020] 185 ITD 40 (Delhi) (Tribu.). Mr. Gopi takes as to para 6 therein that

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE DCIT, TRIVANDRUM

In the result, the appeal for assessment year 2011-2012

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

disallowance of the brand fee royalty payment while determining the ALP. Accordingly, the substantial questions of law are answered in the affirmative and in favour of assessee and against the Revenue. The appeals are accordingly dismissed with no order as to costs"'. 15. On the other hand, the learned Departmental Representative relied on the order of the lower authorities

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE ACIT, TRIVANDRUM

In the result, the appeal for assessment year 2011-2012

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

disallowance of the brand fee royalty payment while determining the ALP. Accordingly, the substantial questions of law are answered in the affirmative and in favour of assessee and against the Revenue. The appeals are accordingly dismissed with no order as to costs"'. 15. On the other hand, the learned Departmental Representative relied on the order of the lower authorities

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.

44,371/. It was further noticed by the Assessing Officer that the entire payment for these purchases were in cash. The Assessing Officer show caused the assessee as to why the said cash payments made to SPM & Sons, Kollam should not be disallowed by invoking the provisions of 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

Section 80P(2)(a)(i) of the Act. 2. On the facts and in the circumstances of the case, the CIT(A) has erred in disallowing the contribution made to Staff Retirement Benefit Fund amounting to Rs.2,44

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

Section 80P(2)(a)(i) of the Act. 2. On the facts and in the circumstances of the case, the CIT(A) has erred in disallowing the contribution made to Staff Retirement Benefit Fund amounting to Rs.2,44

AYUR GREEN AYURVEDA HOSPITALS PRIVATE LIMITED,MALAPPURAM vs. DCIT, CPC, BENGALURU, BENGALURU

In the result, the assessee’s appeal is dismissed

Bench: Shri Sanjay Arora & Dr. S. Seethalakshmiayurgreen Ayurveda Hospsitals Vs Dcit, Private Limited Cpc, Door No. 1/301 Ayurgreen Bengaluru. Ayurveda Hospitals, Kaladi Mlp Edappal, Malappuram-679585. (Appellant) (Respondent) Pan No. Aaica 4294 M

44. There is no doubt that in Alom Extrusions, this court did consider the impact of deletion of second proviso to Section 43B,which mandated that unless the amount of employers’ contribution was deposited with the authorities, the deduction otherwise permissible in law, would not be available. This court was of the opinion that the omission was curative, and that

M/S.MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL MISSION HOSPITAL,COCHIN vs. THE DY DIT (EXEMPTION), COCHIN

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

Bench: S/Shri Abraham P George, Am & George George K, Jm Malankara Orthodox Syrian Church Vs The Dy Director Of Income Tax Medical Mission Hospital (Exemption) Kolencherry 682 311 Kochi ( Appellant) (Respondent)

44,96,547/- is not an allowable expenditure as per section 47A(7) of the I T Act and since the Assessing Officer had omitted to disallow

MR.THOMAS DANIEL,PATHANAMTHITTA vs. THE ITO, WARD-4, THIRUVALLA

In the result, the appeal of the assessee is dismissed

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No.68/Coch/2018 Assessment Year : 2014-15

disallowance under section 40(a)(ia) of the Act is to be made. In our opinion, the amended provisions of section 40(a)(ia) reads as under: "Section 40(a)(ia) : thirty per cent of any sum payable to a resident on which tax is deductible at source under Chapter XVII-B and such tax has not been deducted

M/S.MUTHOOT BANKERS,COCHIN vs. THE ACIT, COCHIN

In the result, the appeals of the assessee are partly allowed for statistical

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

disallowance u/s. 36(1)(iii) of the Act and added back to the total income of the assessee. 11. On appeal, the CIT(A) observed that section 36(1)(iii) of the I.T. Act provides for deduction of payment of interest only if the assessee borrowed capital for its own business. If such amounts are used by the partners

M/S.MUTHOOT BANKERS,COCHIN vs. THE ACIT, COCHIN

In the result, the appeals of the assessee are partly allowed for statistical

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

disallowance u/s. 36(1)(iii) of the Act and added back to the total income of the assessee. 11. On appeal, the CIT(A) observed that section 36(1)(iii) of the I.T. Act provides for deduction of payment of interest only if the assessee borrowed capital for its own business. If such amounts are used by the partners

M/S.RAMNATH & CO.,,KOCHI vs. THE DCIT, KOCHI

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

Bench: Shri George Mathan, Jm & Shri B.R. Baskaran, Am M/S. Ramnath & Co. Dcit, Corporate Circle-1(1) Laxmi Krupa, Church Road Kochi Vs. Palarivattom Kochi 682025, Pan – Aadfr2105E Appellant Respondent

44,00,000/- in the immediately preceding assessment year. In these circumstances as it is noticed that the assessee does have surplus funds of its own, the AO is directed to recompute the disallowance under Section

M/S.ALLIANZ CORNHILL INFORMATION SERVICES P. LTD,TRIVANDRUM vs. JTCIT, TRIVANDRUM

In the result, the appeal of the assessee is partly allowed and the

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Assessment Year : 2010-11

disallowance of deduction u/s. 10B was upheld. Regarding alternate claim of deduction u/s. 10A, the DRP confirmed the findings of the Assessing Officer. 13.3 Against this, the assessee is in appeal before us. The Ld. AR submitted that the DRP and the A.O. was bound to examine and grant the alternative claim u/s. 10A of the Act to the assessee

THE JT CIT, TRIVANDRUM vs. ALLIANZ CORNHILL INFORMATION SERVICES P. LTD, TRIVANDRUM

In the result, the appeal of the assessee is partly allowed and the

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Assessment Year : 2010-11

disallowance of deduction u/s. 10B was upheld. Regarding alternate claim of deduction u/s. 10A, the DRP confirmed the findings of the Assessing Officer. 13.3 Against this, the assessee is in appeal before us. The Ld. AR submitted that the DRP and the A.O. was bound to examine and grant the alternative claim u/s. 10A of the Act to the assessee

THE ITO,, ALAPPUZHA vs. M/S.EXTRAWEAVE P. LTD, ALAPPUZHA

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

Bench: Shri George George K. & Shri Laxmi Prasad Sahum/S. Extraweave Pvt. Ltd. Arattukulangara Complex 264B/Cmc 1 Vs. A.N. Puram, Alapuzha 688011 Sakteeswara Junction Cherthala 688524 Pan – Aabce5438L Appellant Respondent

disallowed the amount. The learned CIT(A), after considering the judgement quoted in his order, allowed the appeal of the assessee. 4. Considering the rival submissions we observed that the CIT(A) has decided the issue as under: - “8. I have considered the issue, arguments advanced and the case laws cited. Apparently, it is not in dispute that the payments

M/S. PENTAGON BUILDERS,CALICUT vs. THE DCIT, CALICUT

In the result, the appeals filed by the assessee for the assessment years 2006-2007 to 2008-2009 are allowed for statistical purposes and appeal filed by the assessee for assessment year 2010-2011 ...

Bench: Shri George George K, Jm & Shri Manjunatha G, Am

disallowance of remuneration paid to partners on the ground that book profit for the purpose of section 40(b) is net profit of the firm after making all adjustment as provided by section 28 to 44

M/S. PENTAGON BUILDERS,CALICUT vs. THE DCIT, CALICUT

In the result, the appeals filed by the assessee for the assessment years 2006-2007 to 2008-2009 are allowed for statistical purposes and appeal filed by the assessee for assessment year 2010-2011 ...

Bench: Shri George George K, Jm & Shri Manjunatha G, Am

disallowance of remuneration paid to partners on the ground that book profit for the purpose of section 40(b) is net profit of the firm after making all adjustment as provided by section 28 to 44