M/S ASPINWALL & CO.,LTD,COCHIN vs. THE ACIT, COCHIN

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

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

disallow only 2% of expenses incurred towards exempted income. Thus, this ground of appeal of the assessee is partly allowed. Thus, appeal of the assessee is partly allowed. ITA No. 61/Coch/2015 :Assessee’s Appeal : AY 2006-07 8. The assessee has raised the following grounds of appeal: Under Normal Provisions of the Income

ASPINWALL & COMPANY LTD,COCHIN vs. THE ACIT, COCHIN

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

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

disallow only 2% of expenses incurred towards exempted income. Thus, this ground of appeal of the assessee is partly allowed. Thus, appeal of the assessee is partly allowed. ITA No. 61/Coch/2015 :Assessee’s Appeal : AY 2006-07 8. The assessee has raised the following grounds of appeal: Under Normal Provisions of the Income

ASPINWALL & COMPANY LTD,COCHIN vs. THE ACIT, COCHIN

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

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

disallow only 2% of expenses incurred towards exempted income. Thus, this ground of appeal of the assessee is partly allowed. Thus, appeal of the assessee is partly allowed. ITA No. 61/Coch/2015 :Assessee’s Appeal : AY 2006-07 8. The assessee has raised the following grounds of appeal: Under Normal Provisions of the Income

THE ACIT, THIRUVALLA vs. M/S.MUTHOOT PROPERTIES & INVESTMENTS, KOZHENCHERRY

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

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

disallowance of interest expenditure of Rs. 75,97,389/- under explanation to section 37(1) of the Income Tax Act, 1961 was contrary to the provisions of Act and ratio laid down by the Hon'ble Jurisdictional High Court of Kerala in the cases on the basis of which relief has been allowed by CIT(A), was actually in favour

DCIT, THIRUVALLA vs. MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, KOZHENCHERRY

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

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

disallowance of interest expenditure of Rs. 75,97,389/- under explanation to section 37(1) of the Income Tax Act, 1961 was contrary to the provisions of Act and ratio laid down by the Hon'ble Jurisdictional High Court of Kerala in the cases on the basis of which relief has been allowed by CIT(A), was actually in favour

DCIT, THIRUVALLA vs. MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, KOZHENCHERRY

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

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

disallowance of interest expenditure of Rs. 75,97,389/- under explanation to section 37(1) of the Income Tax Act, 1961 was contrary to the provisions of Act and ratio laid down by the Hon'ble Jurisdictional High Court of Kerala in the cases on the basis of which relief has been allowed by CIT(A), was actually in favour

DCIT, THIRUVALLA vs. MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, KOZHENCHERRY

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

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

disallowance of interest expenditure of Rs. 75,97,389/- under explanation to section 37(1) of the Income Tax Act, 1961 was contrary to the provisions of Act and ratio laid down by the Hon'ble Jurisdictional High Court of Kerala in the cases on the basis of which relief has been allowed by CIT(A), was actually in favour

THE ACIT, THIRUVALLA vs. M/S.MUTHOOT PROPERTIES & INVESTMENTS, KOZHENCHERRY

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

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

disallowance of interest expenditure of Rs. 75,97,389/- under explanation to section 37(1) of the Income Tax Act, 1961 was contrary to the provisions of Act and ratio laid down by the Hon'ble Jurisdictional High Court of Kerala in the cases on the basis of which relief has been allowed by CIT(A), was actually in favour

DCIT, THIRUVALLA vs. MUTHOOT PROPERTIES & INVESTMENTS,, KOZHENCHERRY

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

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

disallowance of interest expenditure of Rs. 75,97,389/- under explanation to section 37(1) of the Income Tax Act, 1961 was contrary to the provisions of Act and ratio laid down by the Hon'ble Jurisdictional High Court of Kerala in the cases on the basis of which relief has been allowed by CIT(A), was actually in favour

THE ACIT, CIRCLE-1, THIRUVALLA, THIRUVALLA vs. MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, PATHANAMTHITTA

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

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

disallowance of interest expenditure of Rs. 75,97,389/- under explanation to section 37(1) of the Income Tax Act, 1961 was contrary to the provisions of Act and ratio laid down by the Hon'ble Jurisdictional High Court of Kerala in the cases on the basis of which relief has been allowed by CIT(A), was actually in favour

M/S POPULAR FINANCE COMPANY,PATHANAMTHITTA vs. THE ACIT,CIR-1,, THIRUVALLA

In the result, the appeals of the Revenue are partly allowed for statistical purposes

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

disallowance of Rs. 7,45,07,387 is deleted. 5.1. The action of the Assessing Officer in assessing the interest income received from partners under the head "Income from profits and gains of business or profession" is also contrary to the provisions of the Act, in view of the fact and circumstances of the case as well as the legal

M/S.POPULAR FINANCE,PATHANAMTHITTA vs. THE ACIT, CIRCLE-1, THIRUVALLA

In the result, the appeals of the Revenue are partly allowed for statistical purposes

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

disallowance of Rs. 7,45,07,387 is deleted. 5.1. The action of the Assessing Officer in assessing the interest income received from partners under the head "Income from profits and gains of business or profession" is also contrary to the provisions of the Act, in view of the fact and circumstances of the case as well as the legal

M/S POPULAR FINANCE COMPANY,PATHANAMTHITTA vs. THE ACIT,CIR-1,, THIRUVALLA

In the result, the appeals of the Revenue are partly allowed for statistical purposes

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

disallowance of Rs. 7,45,07,387 is deleted. 5.1. The action of the Assessing Officer in assessing the interest income received from partners under the head "Income from profits and gains of business or profession" is also contrary to the provisions of the Act, in view of the fact and circumstances of the case as well as the legal

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

45. A reading of the judgment in Alom Extrusions, would reveal that this court, did not consider Sections 2(24)(x) and 36(1)(va).Furthermore, the separate provisions in Section 36(1) for employers’ contribution and employees’ contribution, too went unnoticed. The court observed inter alia, that: “15. …It is important to note once again that, by Finance

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

2) of the Act and that the Assessee had sufficient surplus funds and that the investments being stock in trade no disallowance can be made u/s.14-A of the Act. 16. After considering the rival contentions, we are of the view that the issue of disallowance u/s.14A of the Act has to be remanded to the AO for fresh consideration

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

2) of the Act and that the Assessee had sufficient surplus funds and that the investments being stock in trade no disallowance can be made u/s.14-A of the Act. 16. After considering the rival contentions, we are of the view that the issue of disallowance u/s.14A of the Act has to be remanded to the AO for fresh consideration

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

2) of the Act and that the Assessee had sufficient surplus funds and that the investments being stock in trade no disallowance can be made u/s.14-A of the Act. 16. After considering the rival contentions, we are of the view that the issue of disallowance u/s.14A of the Act has to be remanded to the AO for fresh consideration

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

2) of the Act and that the Assessee had sufficient surplus funds and that the investments being stock in trade no disallowance can be made u/s.14-A of the Act. 16. After considering the rival contentions, we are of the view that the issue of disallowance u/s.14A of the Act has to be remanded to the AO for fresh consideration