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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

Section 14A Cochin International Airport Ltd. read with Rule Rule 8D. The decisions of the Kolkata and Chennai Benches of the ITAT in the cases of ITO vs. Narain Prasad Dalmia: ITA No. 1180/K/2011 for the AY 2008-09 and ACIT v. Best & Crompton Engg Ltd. ITA No.1603/Mds/2012 for the AY 2009-10 too are applicable. fff) On the debate

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

Section 14A Cochin International Airport Ltd. read with Rule Rule 8D. The decisions of the Kolkata and Chennai Benches of the ITAT in the cases of ITO vs. Narain Prasad Dalmia: ITA No. 1180/K/2011 for the AY 2008-09 and ACIT v. Best & Crompton Engg Ltd. ITA No.1603/Mds/2012 for the AY 2009-10 too are applicable. fff) On the debate

MRS.GRACY BABU,ADOOR P.O., PATHANAMTHITTA vs. THE DCIT, CEN-CIRCLE, KOTTAYAM

In the result, all the appeals filed by the assessee are dismissed

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

48 and 49. "cost of acquisition" in on to a capital asset, being goodwill of a business or a trade mark or brand name associated with a business or a right to manufacture, produce or process any article or thing or right to carry on any business, tenancy rights, stage carriage permits or loom hours has to be computed

SRI.JOSE THOMAS,ADOOR P.O., PATHANAMTHITTA vs. THE ACIT,CEN-CIRCLE, KOTTAYAM

In the result, all the appeals filed by the assessee are dismissed

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

48 and 49. "cost of acquisition" in on to a capital asset, being goodwill of a business or a trade mark or brand name associated with a business or a right to manufacture, produce or process any article or thing or right to carry on any business, tenancy rights, stage carriage permits or loom hours has to be computed

MRS.REENA JOSE,PATHANAMTHITTA vs. THE DCIT, CEN-CIRCLE,, KOTTAYAM

In the result, all the appeals filed by the assessee are dismissed

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

48 and 49. "cost of acquisition" in on to a capital asset, being goodwill of a business or a trade mark or brand name associated with a business or a right to manufacture, produce or process any article or thing or right to carry on any business, tenancy rights, stage carriage permits or loom hours has to be computed

SRI.JOSE THOMAS,ADOOR P.O., PATHANAMTHITTA vs. THE ACIT,CEN-CIRCLE, KOTTAYAM

In the result, all the appeals filed by the assessee are dismissed

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

48 and 49. "cost of acquisition" in on to a capital asset, being goodwill of a business or a trade mark or brand name associated with a business or a right to manufacture, produce or process any article or thing or right to carry on any business, tenancy rights, stage carriage permits or loom hours has to be computed

MRS.GRACY BABU,ADOOR P.O., PATHANAMTHITTA vs. THE DCIT, CEN-CIRCLE, KOTTAYAM

In the result, all the appeals filed by the assessee are dismissed

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

48 and 49. "cost of acquisition" in on to a capital asset, being goodwill of a business or a trade mark or brand name associated with a business or a right to manufacture, produce or process any article or thing or right to carry on any business, tenancy rights, stage carriage permits or loom hours has to be computed

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

In the result, the appeal by the assessee is allowed

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

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 the period from 1.10.2008 to 28.2.2009 was credited to the Govt. account during May, 2009 to July, 2009 only

VAM GROUP HI-TECH ENGINEERING PRIVATE LIMITED,ALAPPUZHA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, ALAPPUZHA, ALAPPUZHA

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

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Vam Group Hi-Tech Engineering Dcit, Circle - 1 Pvt. Ltd. Alappuzha X/685, Vam House, Vs. Pathirappally P.O., Alappuzha 688521 [Pan: Aaacv6606N] (Appellant) (Respondent)

48,90,000/-, the disallowance ultimately directed works out to nearly 110% of that sum, i.e., Rs. 52,56,197/-. By no stretch of imagination can section

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

disallowance. The assessee must succeed for this reason as well.” 9. With our utmost respect to the findings of the co-ordinate bench [supra], we are of the considered view that the co-ordinate bench has ignored the binding ratio decidendi of the Hon'ble Supreme Court in the case of Checkmate Services Pvt Ltd [supra]. It would be pertinent

APTIV CONNECTION SYSTEMS INDIA PRIVATE LIMITED,KOCHI, KERALA vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CORPORATE CIRCLE 1(1), KOCHI, ERNAKULAM, KERALA

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowing section 10A deduction of Rs.56,48,936/- which has been upheld in the CIT(A)’s detailed discussion as under

APTIV CONNECTION SYSTEMS INDIA PRIVATE LIMITED,KOCHI, KERALA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(1), KOCHI, KERALA

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowing section 10A deduction of Rs.56,48,936/- which has been upheld in the CIT(A)’s detailed discussion as under

APTIV CONNECTION SYSTEMS INDIA PRIVATE LIMITED,KOCHI, KERALA vs. DEPUTY COMMISSIONER OF INCOME-TAX, CORPORATE CIRCLE 1(1), ERNAKULAM, KERALA

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowing section 10A deduction of Rs.56,48,936/- which has been upheld in the CIT(A)’s detailed discussion as under

THE KERALA STATE FINANCIAL ENTERPRISES LIMITED,THRISSUR vs. DCIT, CIRCLE 1(1) TPS, THRISSUR

In the result, appeal filed by the assessee as well as Revenue stand partly allowed

Bench: Shri Inturi Rama Rao, Accontant Member & Shri Sandeep Singh Karhail

48,76,260 (ii) Disallowance of guarantee commission paid to Government of Kerala u/s.40(a)(iib) of the Act Rs. 65,39,86,799 3 ITA No.81/Coch/2024 & Ors. The Kerala State Financial Enterprises Ltd. (iii) Disallowance u/s.40A(3) Rs. 1,60,63,721 4. Being aggrieved by the above disallowances, the appellant filed an appeal before

THE KERALA STATE FINANCIAL ENTERPRISE LTD,CHEMBUKKAVU vs. DCIT, CIRCLE-1(1) &TPS, THRISSUR

In the result, appeal filed by the assessee as well as Revenue stand partly allowed

Bench: Shri Inturi Rama Rao, Accontant Member & Shri Sandeep Singh Karhail

48,76,260 (ii) Disallowance of guarantee commission paid to Government of Kerala u/s.40(a)(iib) of the Act Rs. 65,39,86,799 3 ITA No.81/Coch/2024 & Ors. The Kerala State Financial Enterprises Ltd. (iii) Disallowance u/s.40A(3) Rs. 1,60,63,721 4. Being aggrieved by the above disallowances, the appellant filed an appeal before

ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE-1(1), THRISSUR vs. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, THRISSUR

In the result, appeal filed by the assessee as well as Revenue stand partly allowed

Bench: Shri Inturi Rama Rao, Accontant Member & Shri Sandeep Singh Karhail

48,76,260 (ii) Disallowance of guarantee commission paid to Government of Kerala u/s.40(a)(iib) of the Act Rs. 65,39,86,799 3 ITA No.81/Coch/2024 & Ors. The Kerala State Financial Enterprises Ltd. (iii) Disallowance u/s.40A(3) Rs. 1,60,63,721 4. Being aggrieved by the above disallowances, the appellant filed an appeal before

ASSISTANT COMMISSIONER OF INCOME TAX, THRISSUR vs. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, THRISSUR

In the result, appeal filed by the assessee as well as Revenue stand partly allowed

Bench: Shri Inturi Rama Rao, Accontant Member & Shri Sandeep Singh Karhail

48,76,260 (ii) Disallowance of guarantee commission paid to Government of Kerala u/s.40(a)(iib) of the Act Rs. 65,39,86,799 3 ITA No.81/Coch/2024 & Ors. The Kerala State Financial Enterprises Ltd. (iii) Disallowance u/s.40A(3) Rs. 1,60,63,721 4. Being aggrieved by the above disallowances, the appellant filed an appeal before

M/S.APOLLO TYRES LTD,COCHIN vs. THE PRINCIPAL COMMISSIONER OF INCOMETAX, COCHIN

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

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm Assessment Year: 2013-14 Apollo Tyres Ltd. .......... Appellant 3Rd Floor, Areekal Mansion, Panampilly Nagar, Kochi 682036 [Pan: Aaaca6990Q] Vs. Dcit, Corporate Circle-1(1), Kochi ......... Respondent Assessee By: Shri Abraham Joseph Markos, Adv. Revenue By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 20.08.2025 Date Of Pronouncement: 01.09.2025

48,96,832 Disallowance of pre-operative expenditure 13,28,53,754 Disallowance of Excess claim of deduction u/s. 31,21,05,589 35(2AB) Disallowance u/s. 40(a)(i) 14,06,31,409 Unrealised foreign exchange loss o capital assets 2,18,26,172 Difference out of TDS reconciliation 9,28,097 Disallowance of year end provisions