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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

8; assessment year-wise, respectively that the CIT(A) has erred in law and on facts in treating the assessee eligible for claiming section 80IA(4) regarding income qua “Passenger service fee-security component”. We note that the CBDT has also issued a circular dated 30.06.2008 that such an income indeed forms regular business income “derived” from the eligible activity

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

8; assessment year-wise, respectively that the CIT(A) has erred in law and on facts in treating the assessee eligible for claiming section 80IA(4) regarding income qua “Passenger service fee-security component”. We note that the CBDT has also issued a circular dated 30.06.2008 that such an income indeed forms regular business income “derived” from the eligible activity

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

8. Lastly comes the assessee’s fourth ground seeking to delete section 36(1)(vii) disallowance of the specified bad debts

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

8. Lastly comes the assessee’s fourth ground seeking to delete section 36(1)(vii) disallowance of the specified bad debts

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

8. Lastly comes the assessee’s fourth ground seeking to delete section 36(1)(vii) disallowance of the specified bad debts

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

8. Lastly comes the assessee’s fourth ground seeking to delete section 36(1)(vii) disallowance of the specified bad debts

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

8. Lastly comes the assessee’s fourth ground seeking to delete section 36(1)(vii) disallowance of the specified bad debts

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

8. Lastly comes the assessee’s fourth ground seeking to delete section 36(1)(vii) disallowance of the specified bad debts

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

8. The ld. AR reiterated the submissions made before the CIT(A) with regard to the amendment to section 40(a)(ia) being retrospective in nature. The ld. AR also submitted that the provisions of section 40(a)(ia) are meant to ensure that the assessee performs the obligation Page 7 of 16 to deduct tax at source

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 on account of delay in the deposit of employees’ contribution to PF/ESI. 13 Ayurgreen Ayurveda Hospitals Pvt. Ltd. 8. It would be apt to refer to the relevant part of the decision of the Tribunal in the case of Kalpesh Synthetics [supra] followed in P R Packaging Service [supra] wherein it has been held as under:- “8. When

M/S THE REGIONAL AGRO INDUSTRIAL DEVELOPMENT COOPERATIVE OF KERALA LTD,KANNUR vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KANNUR RANGE

Bench: The Tribunal Within The Time Prescribed. Accordingly, The Delay Of 69 Days In Filing The Present Appeal Is Condoned.

disallowance by incorrectly invoking the provisions contained in Section 40A(3) of the Act. 8. Per Contra, the Learned Departmental

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)

section 14A, and is only to the extent of disallowing expenditure "incurred by the assessee in relation to the tax exempt income". This proportion or portion of the tax exempt income surely cannot swallow the entire amount as has happened in this case." [Emphasis is ours] 7. Therefore, to our minds, the addition made by the AO, which was sustained

KERALA STATE CO-OPERATIVE BANK LTD,THIRUVANANTHAPURAM vs. DCIT,CIRCLE-1(1), THIRUVANANHAPURAM

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Assessment Year : 2018-19

8) of the Act. The sub-clause (9) of 270A also deals about the six occasions of misreporting of income and because of that the underreporting of income was made. Therefore both the provisions of sub-section (2) as well as sub-section (9) of section 270A gave different types of underreporting as well as misreporting of income. Inspite

KOODARANHI REGIONAL AGRICULTURAL WELFARE CO-OP SOCIETY LTD,KOZHIKKODE vs. THE ITO, KOZHIKKODE

In the result, the appeal by the assessee is allowed for statistical purposes and the stay petition is dismissed

Bench: Shri George George K. & Ms. Padmavathy S.

8. In the given case the applicable clauses for making the disallowance u/s.80P is either 143(1)(a)(ii) or 143(1)(a)(v). An amendment is brought into section

THE SOUTH INDIAN BANK LIMITED,THRISSUR vs. DCIT, THRISSUR

Appeal is allowed

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowance arose consequent to an amendment that was effected to the provisions of Sections 36(1)(viii) with effect from 01.04.2010 through the Finance (No.2) Act, 2009. The appellant-Bank was engaged in the business of providing housing loans for purchase or construction of houses, and had been obtaining the benefit of the deduction contemplated under Section 36(1)(viii

THE SOUTH INDIAN BANK LIMITED,THRISSUR vs. JCIT, RANGE-1, THRISSUR

Appeal is allowed

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowance arose consequent to an amendment that was effected to the provisions of Sections 36(1)(viii) with effect from 01.04.2010 through the Finance (No.2) Act, 2009. The appellant-Bank was engaged in the business of providing housing loans for purchase or construction of houses, and had been obtaining the benefit of the deduction contemplated under Section 36(1)(viii

THE SOUTH INDIAN BANK LIMITED,THRISSUR vs. JCIT, CIRCLE-1(1), THRISSUR

Appeal is allowed

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowance arose consequent to an amendment that was effected to the provisions of Sections 36(1)(viii) with effect from 01.04.2010 through the Finance (No.2) Act, 2009. The appellant-Bank was engaged in the business of providing housing loans for purchase or construction of houses, and had been obtaining the benefit of the deduction contemplated under Section 36(1)(viii

THE SOUTH INDIAN BANK LIMITED,THRISSUR vs. ACIT, CIRCLE-1(1), THRISSUR

Appeal is allowed

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

disallowance arose consequent to an amendment that was effected to the provisions of Sections 36(1)(viii) with effect from 01.04.2010 through the Finance (No.2) Act, 2009. The appellant-Bank was engaged in the business of providing housing loans for purchase or construction of houses, and had been obtaining the benefit of the deduction contemplated under Section 36(1)(viii