MINA WOOD INDUSTRIES,MATTANNUR vs. ITO, W-3, KANNUR

The appeals are allowed

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhmina Wood Industries The Income Tax Officer Iii/656 B, Kallur Ward - 3, Kannur Mattannur Vs. Kannur 670702 [Pan: Aagfm2716D] (Appellant) (Respondent)

section 40A(3) disallowance representing assessee’s cash payment made to the Kerala State Electricity Board, which admittedly is a state government authority. That being the case, this tribunal’s coordinate bench order in ITA No. 73

THRIUVANNATHAPURAM JILLA DEPOSIT COLLECTION AGENTS CO-OP SOCIETY,TRIVANDRUM vs. THE ITO WARD 2(1), TRIVANDRUM

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhasst.Year 2017-18 Thiruvannathapuram Jilla Ito, Deposit Collection Agents V. Ward-2(1), Trivendrum Cooperative Society, Central Theater Road, Attara Building, Pazhavangadi, Thiruvananthapuram-695036 Kerala Pan : Aafat0403J (Appellant) (Respondent) Appellant By : None Respondent By : Shri Sanjit Kumar Date Of Pronouncement : 05.11. 2024 Date Of Hearing : 13.08.2024 O R D E R Per Bench : This Assessee’S Appeal In Ita No.417/Coch/2023 For Assessment Year 2017-18 Arises Out Of The Order Of The Commissioner Of Income-Tax (Appeals) / Nfac Vide Din & Order No.Itba/Nfac/S/250/2022-23/1051459380(1) Dated 28.03.2023, In Proceedings U/S.250 Of The Income-Tax Act, 1961; In Short “The Act” Hereinafter. Case Called Twice. None Appears At Assessee’S Behest. It Is Accordingly Proceed Exparte.

disallowance, unexplained cash credits addition u/s.68 of Rs.2,87,14,321/-, section 69 unexplained investment addition of Rs.12,73,96,293/- and rejected

PANICHIKANDY MOHANDASAN,KASARGOD vs. ACIT, CIRCLE-1,KANNUR RANGE, KANNUR

In the result, appeal of the assessee is partly allowed

Bench: Shri George George K., Vp & Shri Inturi Rama Rao, Am

73,50,420/-. 3. The disallowances, inter alia, with which we are concerned include the disallowance of Rs. 16,40,710/- being the payment made to Kerala State Electricity Board (KSEB) invoking provisions of section

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

section 148 for A.Y.2009-10 are as 1. Brought forward losses of A.Y. 2008-09 have not been correctly declared by the assessee in the return. 2. The Assessee has claimed deduction u/s 10A of Rs.40,96,155/- from business loss of Rs.24,20,60,716/- which is not proper. 3. Additional depreciation of Rs.17,73,077/- has been claimed

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

section 148 for A.Y.2009-10 are as 1. Brought forward losses of A.Y. 2008-09 have not been correctly declared by the assessee in the return. 2. The Assessee has claimed deduction u/s 10A of Rs.40,96,155/- from business loss of Rs.24,20,60,716/- which is not proper. 3. Additional depreciation of Rs.17,73,077/- has been claimed

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

section 148 for A.Y.2009-10 are as 1. Brought forward losses of A.Y. 2008-09 have not been correctly declared by the assessee in the return. 2. The Assessee has claimed deduction u/s 10A of Rs.40,96,155/- from business loss of Rs.24,20,60,716/- which is not proper. 3. Additional depreciation of Rs.17,73,077/- has been claimed

M/S HIGH RANGE FOODS PRIVATE LTD,KOCHI vs. ITO CORPORATE WARD 1(3), KOCHI

In the result, the assessee’s appeal is partly allowed

Bench: Shri Sanjay Arora & Shri Manomohan Dashigh Range Foods Pvt. Ltd. The Income Tax Officer 28/3030, Cheruparambath Road Corporate Ward – 1(3) Vs. Kadavanthra, Kochi 682020 Kochi [Pan:Aaach6076L] (Appellant) (Respondent) Assessee By: Shri P.M. Veeramani, Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 11.09.2023 Date Of Pronouncement: 11.12.2023 O R D E R Per Sanjay Arora, Am This Appeal By The Assessee Is Directed Against The Order Dated 28.06.2022 By The Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)], Disallowing The Assessee’S Appeal Contesting It’S Assessment Under Section 143(3) Of The Income Tax Act, 1961 (‘The Act’) Dated 27.12.2017 For Assessment Year (Ay) 2015-16. 2. The Appeal, Filed On 09.01.2023, Is Delayed By 135 Days. The Condonation Petition Accompanying The Appeal, Which Is Supported By A Sworn Affidavit Dated 29.12.2022 By Shri Simon John, The Director & Principal Officer Of The Assessee- Company, Explains The Delay In Terms Of Non-Conveyance Of The Impugned Order Inasmuch As It’S Uploading On The Itba Was Not Accompanied By A Simultaneous Uploading On The Mobile Application As Well As A Real Time Alert Through Sms, As Required By Clause 11 Of The National Faceless Appeal Scheme (Nfas), So That The Order Cannot Be Regarded As Served On 28.6.2022, The Date Of The Impugned Order And

disallowing the assessee’s appeal contesting it’s assessment under section 143(3) of the Income Tax Act, 1961 (‘the Act’) dated 27.12.2017 for Assessment Year (AY) 2015-16. 2. The appeal, filed on 09.01.2023, is delayed by 135 days. The condonation petition accompanying the appeal, which is supported by a sworn affidavit dated 29.12.2022 by Shri Simon John

KERALA INDUSTRIAL INFRASTRUTURE DEV CORPORATION(KINFRA),TRIVANDRUM vs. THE ASSISTANT DIRECTOR OF INCOME TAX(EXEMPTION), TRIVANDRUM

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowance made by the Assessing Authority. The Department carried the matter before the Income Tax Appellate Tribunal, which, in turn, made reference to the contentions of the parties and the arguments advanced by the respective learned counsel and referred to the judgments, particularly that rendered by the Orissa High Court in CIT v. M.P.Bajaj

ASSISTANT DIRECTOR OF INCOME-TAX(EXEMPTION), TRIVANDRUM vs. KERALA INDUSTRIAL INFRASTRUCTURE DEV.CORPORATION, TRIVANDRUM

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowance made by the Assessing Authority. The Department carried the matter before the Income Tax Appellate Tribunal, which, in turn, made reference to the contentions of the parties and the arguments advanced by the respective learned counsel and referred to the judgments, particularly that rendered by the Orissa High Court in CIT v. M.P.Bajaj

P V MERCY,THRISSUR vs. ITO, W-1, GURUVAYOOR

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

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm Assessment Year: 2013-14 P.V. Mercy .......... Appellant Aiswarya Traders, Nhamangad P.O. Vylathur, Thrissur 680307 [Pan: Acwpv0753D] Vs. The Income Tax Officer .......... Respondent Ward - 1, Guruvayur Appellant By: Ms. Tesin Mathew, Advocate Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 23.01.2025 Date Of Pronouncement: 04.02.2025

73,06,020/-. While doing so, the AO made disallowance of expenditure incurred in cash u/s. 40A(3) of the Act of Rs. 1,55,12,373/- and also made addition of sundry creditors of Rs. 11,52,558/- for alleged failure of the appellant to submit confirmation letters and to reconcile the difference in balance standing to the credit

SIVARAMAPILLAI ANILKUMAR,KOLLAM vs. ITO,W-1(3), TRIVANDRUM

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

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2018-19 Sivaramanpillai Anilkumar .......... Appellant A.S. Communications, Chathannoor Kollam 691572 [Pan: Agrpa1890K] Vs. The Income Tax Officer .......... Respondent Ward - 1(3), Trivandurm

73,940/-. While doing so, the AO disallowed Rs. 29,48,455/- being 30% of the total business expenditure of Rs. 97,13,806/- u/s. 40(a)(ia) of the Act for non deduction of tax source. The AO also made an addition of Rs. 1,40,383/- u/s. 43B for nonpayment of GST. 3. Being aggrieved, an appeal

PANNIVIZHA SERVICE COOPERATIVE BANK LTD 891,MG ROAD PANNIVIZHA vs. ITO, WARD 2, KOLLAM

In the result, ITA No. 531/Coch/2025 (Assessment Year 2018-2019) and ITA No

Bench: SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

disallowance of deduction claimed by the Assessee under Section 80P(2)(d) of the Act in the return of income for the Assessment Years 2012-2013, 2013-2014 and 2014-2015 in respect of the interest income received from Banks and Treasury: Appeal No. Interest from Bank & Treasury Penalty u/s 271(1)(c) (INR) (INR) 3,73

PANNIVIZHA SERVICE COOPERATIVE BANK LTD 891,M G ROAD,PANNIVIZHA vs. ITO, WARD 2, KOLLAM

In the result, ITA No. 531/Coch/2025 (Assessment Year 2018-2019) and ITA No

Bench: SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

disallowance of deduction claimed by the Assessee under Section 80P(2)(d) of the Act in the return of income for the Assessment Years 2012-2013, 2013-2014 and 2014-2015 in respect of the interest income received from Banks and Treasury: Appeal No. Interest from Bank & Treasury Penalty u/s 271(1)(c) (INR) (INR) 3,73

PANNIVIZHA SERVICE COOPERATIVE BANK LTD 891,M G ROAD PANNIVIZHA vs. ITO, WARD 2, KOLLAM

In the result, ITA No. 531/Coch/2025 (Assessment Year 2018-2019) and ITA No

Bench: SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

disallowance of deduction claimed by the Assessee under Section 80P(2)(d) of the Act in the return of income for the Assessment Years 2012-2013, 2013-2014 and 2014-2015 in respect of the interest income received from Banks and Treasury: Appeal No. Interest from Bank & Treasury Penalty u/s 271(1)(c) (INR) (INR) 3,73

PANNIVIZHA SERVICE COOPERATIVE BANK LTD 891,M G ROAD PANNIVIZHA vs. ITO, WARD 2, KOLLAM

In the result, ITA No. 531/Coch/2025 (Assessment Year 2018-2019) and ITA No

Bench: SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

disallowance of deduction claimed by the Assessee under Section 80P(2)(d) of the Act in the return of income for the Assessment Years 2012-2013, 2013-2014 and 2014-2015 in respect of the interest income received from Banks and Treasury: Appeal No. Interest from Bank & Treasury Penalty u/s 271(1)(c) (INR) (INR) 3,73

PANNIVIZHA SERVICE COOPERATIVE BANK LTD 891,M G ROAD PANNIVIZHA vs. ITO, WARD 2, KOLLAM

In the result, ITA No. 531/Coch/2025 (Assessment Year 2018-2019) and ITA No

Bench: SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

disallowance of deduction claimed by the Assessee under Section 80P(2)(d) of the Act in the return of income for the Assessment Years 2012-2013, 2013-2014 and 2014-2015 in respect of the interest income received from Banks and Treasury: Appeal No. Interest from Bank & Treasury Penalty u/s 271(1)(c) (INR) (INR) 3,73

PANNIVIZHA SERVICE COOPERATIVE BANK LTD 891,M G ROAD ,PANNIVIZHA vs. ITO, WARD 2, KOLLAM

In the result, ITA No. 531/Coch/2025 (Assessment Year 2018-2019) and ITA No

Bench: SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

disallowance of deduction claimed by the Assessee under Section 80P(2)(d) of the Act in the return of income for the Assessment Years 2012-2013, 2013-2014 and 2014-2015 in respect of the interest income received from Banks and Treasury: Appeal No. Interest from Bank & Treasury Penalty u/s 271(1)(c) (INR) (INR) 3,73

JACOB THOMAS,KOZHENCHERRY vs. ACIT, THIRUVALLA RANGE, THIRUVALLA

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

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm Assessment Year: 2020-21 Jacob Thomas .......... Appellant 1, Mulamoottil, Kozhencherry 689641 [Pan: Ackpt3269L] Vs. Acit, Ward-1 & Tps, Thiruvalla .......... Respondent Appellant By: Shri Rajakannan, Advocate Respondent By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 20.03.2025 Date Of Pronouncement: 14.05.2025 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 27.12.2023 For Assessment Year (Ay) 2020-21. 2. Brief Facts Of The Case Are That The Appellant Is An Individual Deriving Income Under The Head ‘Business’. The Return Of Income For Ay 2020-21 Was Filed On 31.12.2020 Declaring Nil. Against The Said Return Of Income, The Assessment Was Completed By The Acit, Ward -1, Thriuvalla (Hereinafter Called "The Ao") Vide Order Dated 28.09.2022 Passed U/S. 143(3) Of The Income Tax Act, 1961 (The 2 Jacob Thomas Act) At A Total Income Of Rs. 59,34,921/-. While Doing So, The Ao Made Disallowance Of Interest Expenditure Claimed Of Rs. 89,73,412/- U/S. 57 Of The Act. Accordingly, A Show Cause Notice Was Issued U/S. 274 R.W.S 270A Of The Act. The Appellant Had Failed O Respond To The Above Show Cause Notice. In The Circumstances The Ao Had Proceeded With Levy Penalty Of Rs. 57,24,630/- U/S. 270A By Holding That The Appellant Is Guilty Of Misreporting Income.

73,412/- u/s. 57 of the Act. Accordingly, a show cause notice was issued u/s. 274 r.w.s 270A of the Act. The appellant had failed o respond to the above show cause notice. In the circumstances the AO had proceeded with levy penalty of Rs. 57,24,630/- u/s. 270A by holding that the appellant is guilty of misreporting income