THE DCIT, KOCHI vs. M/S.SFO TECHNOLOGIES P. LTD, ALUVA

In the result, this appeal filed by Revenue in ITA

Bench: Shri George Mathan, Jm & Shri Ramit Kochar, Am

Section 14A r.w.Rule 8D and made disallowance of expenditure to the tune of Rs.1,83,55,106/- which stood added to the income of the assesse vide assessment order dated 26.03.2014 passed by AO u/s 143(3) of the 1961 Act for ay: 2010-11, the working of which is as hereunder: “4.3 Accordingly, the disallowance u/s 14A read with

THE DCIT, KOCHI vs. M/S.SFO TECHNOLOGIES P. LTD, ALUVA

In the result, this appeal filed by Revenue in ITA

Bench: Shri George Mathan, Jm & Shri Ramit Kochar, Am

Section 14A r.w.Rule 8D and made disallowance of expenditure to the tune of Rs.1,83,55,106/- which stood added to the income of the assesse vide assessment order dated 26.03.2014 passed by AO u/s 143(3) of the 1961 Act for ay: 2010-11, the working of which is as hereunder: “4.3 Accordingly, the disallowance u/s 14A read with

THE DCIT, KOCHI vs. M/S.SFO TECHNOLOGIES P. LTD, ALUVA

In the result, this appeal filed by Revenue in ITA

Bench: Shri George Mathan, Jm & Shri Ramit Kochar, Am

Section 14A r.w.Rule 8D and made disallowance of expenditure to the tune of Rs.1,83,55,106/- which stood added to the income of the assesse vide assessment order dated 26.03.2014 passed by AO u/s 143(3) of the 1961 Act for ay: 2010-11, the working of which is as hereunder: “4.3 Accordingly, the disallowance u/s 14A read with

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)

disallowance of Rs. 2,87,000/- under the provisions of section 14A r.w. rule 8D of I.T. Rules. 3. The AO, during

M/S.ACUMEN CAPITAL MARKET INDIA LTD,ERNAKULAM vs. THE ITO, KOCHI

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

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No. 37/Coch/2018 Assessment Year : 2013-14 M/S. Acumen Capital Market Vs. The Income Tax Officer, Corporate India Ltd., Ward-1(1), Kochi. S.T. Reddiar & Sons Bldg., 3Rd Floor, Veekshanam Road, Ernakulam, Kochi-682 035. [Pan: Aabcp 6449] (Assessee-Appellant) (Revenue-Respondent) Assessee By Shri P.M. Veeramani, Ca Revenue By Shri Shantham Bose, Cit(Dr) Date Of Hearing 17/09/2018 Date Of Pronouncement 24/09/2018 O R D E R

Section 14A of the Act, the amount of value of investment for the purpose of computation of disallowance was taken as Rs.6,27,87

M/S.IBS SOFTWARE SERVICES P. LTD,TRIVANDRUM vs. THE DCIT, TRIVANDRUM

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

Disallowance under Section 36(1)(iii) of the Act of 2 Assessment Year 2013-2014 INR.12,68,911/- The Assessee has now preferred the present appeal challenging Final Assessment Order. The Assessee has raised 17 Grounds of Appeal which are taken up in seriatim hereinafter. Ground No.1 3. Ground No.1 raised by the Assessee reads as under: “1. That

M/S.KERALA STATE BEVERAGES(M&M) CORPORATION LTD,TRIVANDRUM vs. THE ACIT, TRIVANDRUM

In the result, both the appeals filed by the assesse as well as the Stay Petition

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

section 263 of the Act. Accordingly, this ground of appeal of the assessee is dismissed. 5.2 The assessee has also raised additional grounds which read as follows: “(a) Disallowance of Gallonage Fee Rs 54,83,87

KERALA STATE BEVERAGES M&M) CORPN LTD,TRIVANDRUM vs. THE ACIT, CIR-1(1), TRIVANDRUM

In the result, both the appeals filed by the assesse as well as the Stay Petition

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

section 263 of the Act. Accordingly, this ground of appeal of the assessee is dismissed. 5.2 The assessee has also raised additional grounds which read as follows: “(a) Disallowance of Gallonage Fee Rs 54,83,87

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.

section 40(a)(ia) disallowance, unexplained cash credits addition u/s.68 of Rs.2,87,14,321/-, section 69 unexplained investment addition

M/S.ALLIANZ CORNHILL INFORMATION SERVICES P. LTD,TRIVANDRUM vs. JTCIT, TRIVANDRUM

In the result, the appeal of the assessee is partly allowed and the

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Assessment Year : 2010-11

disallowing the deduction under section 10B of the Act, has erred in law and on facts in not allowing the alternate claim of deduction under section 10A of the Act, which is para materia as that of section 10B of the Act, made by the Assessee in the course of assessment proceedings. Without prejudice to the above, the learned JCIT

THE JT CIT, TRIVANDRUM vs. ALLIANZ CORNHILL INFORMATION SERVICES P. LTD, TRIVANDRUM

In the result, the appeal of the assessee is partly allowed and the

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Assessment Year : 2010-11

disallowing the deduction under section 10B of the Act, has erred in law and on facts in not allowing the alternate claim of deduction under section 10A of the Act, which is para materia as that of section 10B of the Act, made by the Assessee in the course of assessment proceedings. Without prejudice to the above, the learned JCIT

THE ITO, WD-5, PALAKKAD vs. M/S.THEPERUMATTY SERVICE CO-OP BANK LTD, PALAKKAD

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

87,797/- in respect of interest paid to the depositors. 10. The Assessing Officer has rightly disallowed the interest paid to the depositors invoking section

THE ITO,, COCHIN vs. M.SKERALA AYURVEDA LTD, ALUVA

In the result, ground No.2 raised by the Revenue is allowed

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

section 14A of the Income-tax Act; ITA Nos.307-308/Coch/2017. 2 M/s.Kerala Ayurveda Limited. (ii) the claim of deferred revenue expenditure allowed by the CIT(A). (i) Disallowance u/s14A of the I.T.Act 3. As per Annexure-1 attached to the assessment order, the Assessing Officer had made a total disallowance of Rs.30,78,095 by invoking rule 8D(2)(ii). Further

THE ITO,, COCHIN vs. M.SKERALA AYURVEDA LTD, ALUVA

In the result, ground No.2 raised by the Revenue is allowed

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

section 14A of the Income-tax Act; ITA Nos.307-308/Coch/2017. 2 M/s.Kerala Ayurveda Limited. (ii) the claim of deferred revenue expenditure allowed by the CIT(A). (i) Disallowance u/s14A of the I.T.Act 3. As per Annexure-1 attached to the assessment order, the Assessing Officer had made a total disallowance of Rs.30,78,095 by invoking rule 8D(2)(ii). Further

M/S.JOY ALUKKAS INDIA P LTD,COCHIN vs. THE ACIT, COCHIN

In the result, the appeal of the assessee is dismissed and the appeal of the

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

section 36(1)(iii) is not applicable. Further, it was submitted that the addition to work in progress is out of the profits of the assessee and not out of the borrowings. 4.1 The Ld. AR drew our attention to the earlier order of the Tribunal in assessee’s own case in IT(TP)A No. 06/Coch/2013 dated 09/05/2014 wherein

ACIT CORPORATE, COCHIN vs. M/S.JOY ALUKKAS (INDIA) LTD, COCHIN

In the result, the appeal of the assessee is dismissed and the appeal of the

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

section 36(1)(iii) is not applicable. Further, it was submitted that the addition to work in progress is out of the profits of the assessee and not out of the borrowings. 4.1 The Ld. AR drew our attention to the earlier order of the Tribunal in assessee’s own case in IT(TP)A No. 06/Coch/2013 dated 09/05/2014 wherein

THE ACIT, KOCHI vs. M/S.KUNNEL ENGINEERS & CONTRACTORS P. LTD, KOCHI

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

disallowance of unpaid service tax u/s 43B of the IT Act. 3.1 The facts of the case for the assessment year 2012-13 are that an amount of Rs.6,83,90,211/- for the assessment year 2012-13 pertaining to service tax payable was included under statutory payables appearing against other outstanding liabilities forming part of the balance sheet

M/S.COMBINED FOODS P. LTD,COCHIN vs. THE ACIT, COCHIN

In the result, all the appeals filed by the revenue stand dismissed

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Assessment Year : 2012-13 M/S. Combined Foods Private The Principal Commissioner Of Limited, Income-Tax, Kochi-1. 28/3030, Elamkulam, Cheruparambath Road, Kadavanthara, Kochi-682 020. [Pan:Aaacc 9366N] Assessee-Appellant Revenue-Respondent

disallowance either under section 36(1)(iii) or under section 14A. The Ld. AR submitted that the only reason given by Commissioner of Income Tax in the revision order under section 263 was that the AO had not passed a speaking order on the two issues, the CIT had concluded that the AO had omitted to examine the same