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

In the result, the appeal of the assessee stands dismissed

Bench: Shri P. K. Bansal & Shri George George K.Assessment Year:2011- 12

50-926/A1-A5, Total Towers, Circle-1(1), Devankulangra, Edappally P.O., Kochi. Ernakulam. PAN:AACCA 2655 G (Appellant) (Respondent) Appellant by Shri Raja Kannal Respondent by Shri Shanthom Bose, CIT, D.R. Date of hearing 04/10/2017 Date of pronouncement 05/10/2017 ORDER PER P. K. BANSAL, V.P. This appeal has been filed by the assessee against the order of the CIT dated

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.

disallowance of 50% of such expenses by invoking the provisions of section 40A(2) reads as follows: “From the facts

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

THEDCIT, 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

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

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowance of Rs.8,39,91,691 representing long term finance made available to the “eligible business” in the relevant assessment years. The tribunal’s earlier order (supra) has also dealt with the very same issue of section 36(1)(viii) deduction in assessee’s favour and against the Revenue, as under:- “23. The only other issue that remains for consideration

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowance of Rs.8,39,91,691 representing long term finance made available to the “eligible business” in the relevant assessment years. The tribunal’s earlier order (supra) has also dealt with the very same issue of section 36(1)(viii) deduction in assessee’s favour and against the Revenue, as under:- “23. The only other issue that remains for consideration

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowance of Rs.8,39,91,691 representing long term finance made available to the “eligible business” in the relevant assessment years. The tribunal’s earlier order (supra) has also dealt with the very same issue of section 36(1)(viii) deduction in assessee’s favour and against the Revenue, as under:- “23. The only other issue that remains for consideration

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowance of Rs.8,39,91,691 representing long term finance made available to the “eligible business” in the relevant assessment years. The tribunal’s earlier order (supra) has also dealt with the very same issue of section 36(1)(viii) deduction in assessee’s favour and against the Revenue, as under:- “23. The only other issue that remains for consideration

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowance of Rs.8,39,91,691 representing long term finance made available to the “eligible business” in the relevant assessment years. The tribunal’s earlier order (supra) has also dealt with the very same issue of section 36(1)(viii) deduction in assessee’s favour and against the Revenue, as under:- “23. The only other issue that remains for consideration

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowance of Rs.8,39,91,691 representing long term finance made available to the “eligible business” in the relevant assessment years. The tribunal’s earlier order (supra) has also dealt with the very same issue of section 36(1)(viii) deduction in assessee’s favour and against the Revenue, as under:- “23. The only other issue that remains for consideration

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 entire Rs 8,12,12,725 under section 40(a)(i), when the actual expense incurred by the Appellant is only Rs 4,06,06,362. The DCIT and DRP has failed to consider the fact that 50

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 entire Rs 8,12,12,725 under section 40(a)(i), when the actual expense incurred by the Appellant is only Rs 4,06,06,362. The DCIT and DRP has failed to consider the fact that 50

ACIT, KOCHI vs. FEDERAL BANK LTD, ALUVA

In the result, appeals of the Assessee and revenue for AY 2008-09 to 2010-

Bench: Shri N. V. Vasudevan & Ms. S. Padmavathy

disallowance of deduction on account of provision for leave encashment. The Hon’ble Supreme Court in the case of Exide Industries 116 Taxmann.com 378 (SC) on 24 April 2020, in Civil Appeal 3545/2009 overruled the decision of Calcutta High Court in the case of Exide Industries and upheld the constitutional validity for deduction of leave encashment on payment basis under

ACIT, KOCHI vs. FEDERAL BANK LTD, ALUVA

In the result, appeals of the Assessee and revenue for AY 2008-09 to 2010-

Bench: Shri N. V. Vasudevan & Ms. S. Padmavathy

disallowance of deduction on account of provision for leave encashment. The Hon’ble Supreme Court in the case of Exide Industries 116 Taxmann.com 378 (SC) on 24 April 2020, in Civil Appeal 3545/2009 overruled the decision of Calcutta High Court in the case of Exide Industries and upheld the constitutional validity for deduction of leave encashment on payment basis under

ACIT, KOCHI vs. FEDERAL BANK LTD, ALUVA

In the result, appeals of the Assessee and revenue for AY 2008-09 to 2010-

Bench: Shri N. V. Vasudevan & Ms. S. Padmavathy

disallowance of deduction on account of provision for leave encashment. The Hon’ble Supreme Court in the case of Exide Industries 116 Taxmann.com 378 (SC) on 24 April 2020, in Civil Appeal 3545/2009 overruled the decision of Calcutta High Court in the case of Exide Industries and upheld the constitutional validity for deduction of leave encashment on payment basis under

THE FEDERAL BANK LTD,ALUVA vs. THE ACIT, KOCHI

In the result, appeals of the Assessee and revenue for AY 2008-09 to 2010-

Bench: Shri N. V. Vasudevan & Ms. S. Padmavathy

disallowance of deduction on account of provision for leave encashment. The Hon’ble Supreme Court in the case of Exide Industries 116 Taxmann.com 378 (SC) on 24 April 2020, in Civil Appeal 3545/2009 overruled the decision of Calcutta High Court in the case of Exide Industries and upheld the constitutional validity for deduction of leave encashment on payment basis under