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109 results for “disallowance”+ Section 88clear

Sorted by relevance

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Key Topics

Section 250118Section 269S37Section 143(3)30Disallowance26Section 14A25Section 80P24Section 271D23Addition to Income23Section 2(15)19Deduction

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

In the result, the appeal by the assessee is allowed

ITA 620/COCH/2022[2009-2010]Status: DisposedITAT Cochin20 Jan 2023AY 2009-2010

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

For Appellant: Mr. Shameem Ahamed, AdvocateFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 139Section 143(3)Section 263Section 40

section 40(a)(ia) of the Act would apply only to the amounts which remain payable at the end of the relevant financial year (i.e. 31.03.2009) and cannot be invoked to disallow the amounts which had actually Page 4 of 16 been paid during the previous year as held in Merlyn Shipping and Transports vs. Additional

Showing 1–20 of 109 · Page 1 of 6

14
Section 4013
Depreciation11

VISWANATHAN KRISHNAKUMAR,ALUVA vs. INCOME TAX OFFICER, ALUVA

In the result, the appeal of the assessee bearing ITA No

ITA 606/COCH/2025[2015-16]Status: DisposedITAT Cochin24 Nov 2025AY 2015-16

Bench: the Ld. CIT(A). The Ld.CIT(A) partly allowed the appeal filed by the assessee. Being aggrieved, the assessee has filed the appeal before the Tribunal.

For Appellant: Shri Anil Kumar P J, AdvFor Respondent: Smt. Leena Lal. Snr AR
Section 147Section 148Section 24Section 250Section 54FSection 80C

section 147 r.w.s. 144B of the Act, date of order 27/03/2022. 2 ITA 606/Coch/2025 VishwanathanKrishnakumar 2. The brief facts of the case are that the Ld.AO had information that the assessee had purchased immovable property of Rs.16,88,000/- and received commission of Rs.91,02,400/- during the A.Y. 2015-16. However, the assessee had not filed any return

CONDIS INDIA HEALTHCARE PRIVATE LIMITED,TRIVANDRUM vs. ACIT CIRCLE 1(1), TRIVANDRUM

In the result, the appeals ITA Nos

ITA 355/COCH/2023[2014-15]Status: DisposedITAT Cochin27 Sept 2024AY 2014-15

Bench: Shri Waseem Ahmed & Shri Soundararajan K.

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Smt. Girly Albert, Sr. D.R
Section 10(34)Section 139Section 14A

88,51,340/- claiming the same as exempted from tax u/s 10(34) of the Act. However, the assessee has not made any disallowance under the provisions of section

CONDIS INDIA HEALTHCARE PRIVATE LIMITED,TRIVANDRUM vs. ACIT CIRCLE 1(1), TRIVANDRUM

In the result, the appeals ITA Nos

ITA 354/COCH/2023[2013-14]Status: DisposedITAT Cochin27 Sept 2024AY 2013-14

Bench: Shri Waseem Ahmed & Shri Soundararajan K.

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Smt. Girly Albert, Sr. D.R
Section 10(34)Section 139Section 14A

88,51,340/- claiming the same as exempted from tax u/s 10(34) of the Act. However, the assessee has not made any disallowance under the provisions of section

CONDIS INDIA HEALTHCARE PRIVATE LIMITED,TRIVANDRUM vs. ACIT CIRCLE 1(1), TRIVANDRUM

In the result, the appeals ITA Nos

ITA 356/COCH/2023[2015-16]Status: DisposedITAT Cochin27 Sept 2024AY 2015-16

Bench: Shri Waseem Ahmed & Shri Soundararajan K.

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Smt. Girly Albert, Sr. D.R
Section 10(34)Section 139Section 14A

88,51,340/- claiming the same as exempted from tax u/s 10(34) of the Act. However, the assessee has not made any disallowance under the provisions of section

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

ITA 953/COCH/2022[2019-20]Status: DisposedITAT Cochin08 Mar 2023AY 2019-20

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

For Appellant: Shri Johnson George, CAFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 139(1)Section 139(4)Section 143(1)Section 80Section 80ASection 80PSection 80P(2)Section 80P(2)(a)

disallowing chapter VI A deduction of Rs 12,68,076/- since the appellant has filed the return under section 139(4) of the act and made the above claim. 3. The return for the above was filed on 12/03/2020 by claiming deduction under section SOP of the act to an extent of Rs 12,68,076/- and both the Centralized

CHANDIROOR SERVICE CO-OPERATIVE BANK LTD,ALAPPUZHA vs. JCIT, RANGE 1, ALAPPUZHA

ITA 197/COCH/2025[2017-18]Status: DisposedITAT Cochin12 Aug 2025AY 2017-18

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarma

Section 143(3)Section 271BSection 274Section 44ASection 80P

88,750 levied by the Assessing Officer under Section 271B of the Income-tax Act, 1961. 2. Brief facts of the case are as under the assessee is a cooperative society, filed its return of income on 19.12.2017, declaring total income at ‘Nil’. The assessment under Section 143(3) was completed on 17.12.2019, disallowing

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

In the result, appeal of the assessee is partly allowed

ITA 605/COCH/2024[2015-16]Status: DisposedITAT Cochin09 Apr 2025AY 2015-16

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

For Appellant: Shri Arun Raj S., AdvocateFor Respondent: Smt. Leena Lal, Sr. D.R
Section 40A(3)

section 40A(3) of the Act. While making the disallowance the AO observed that genuineness of transaction is not sufficient. The AO also disallowed the claim of depreciation on Multiplex and shopping Mall by holding that construction is not complete. Similarly the AO also disallowed interest on of Rs. 7,88

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 623/COCH/2022[2004-2005]Status: DisposedITAT Cochin31 Aug 2023AY 2004-2005

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 40Section 40A(2)(b)

section 37(1), as well as, without prejudice, u/s. 40(b)(i) r/w Explanation 4 thereto. As it appears to us, being in fact apparent, as also admitted, the claim for remuneration to partners is calibrated to the profits of the firm and, thus, determined only after the close of the year, i.e., is an afterthought, with a view

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 627/COCH/2022[2009-2010]Status: DisposedITAT Cochin31 Aug 2023AY 2009-2010

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 40Section 40A(2)(b)

section 37(1), as well as, without prejudice, u/s. 40(b)(i) r/w Explanation 4 thereto. As it appears to us, being in fact apparent, as also admitted, the claim for remuneration to partners is calibrated to the profits of the firm and, thus, determined only after the close of the year, i.e., is an afterthought, with a view

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 626/COCH/2022[2007-2008]Status: DisposedITAT Cochin31 Aug 2023AY 2007-2008

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 40Section 40A(2)(b)

section 37(1), as well as, without prejudice, u/s. 40(b)(i) r/w Explanation 4 thereto. As it appears to us, being in fact apparent, as also admitted, the claim for remuneration to partners is calibrated to the profits of the firm and, thus, determined only after the close of the year, i.e., is an afterthought, with a view

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 625/COCH/2022[2006-2007]Status: DisposedITAT Cochin31 Aug 2023AY 2006-2007

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 40Section 40A(2)(b)

section 37(1), as well as, without prejudice, u/s. 40(b)(i) r/w Explanation 4 thereto. As it appears to us, being in fact apparent, as also admitted, the claim for remuneration to partners is calibrated to the profits of the firm and, thus, determined only after the close of the year, i.e., is an afterthought, with a view

M/S SULAIKHA CLAY MINES,TRIVANDRUM vs. DCIT ,CIRCLE 1(2), TRIVANDRUM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 937/COCH/2022[2015-16]Status: DisposedITAT Cochin31 Aug 2023AY 2015-16

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 40Section 40A(2)(b)

section 37(1), as well as, without prejudice, u/s. 40(b)(i) r/w Explanation 4 thereto. As it appears to us, being in fact apparent, as also admitted, the claim for remuneration to partners is calibrated to the profits of the firm and, thus, determined only after the close of the year, i.e., is an afterthought, with a view

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 624/COCH/2022[2005-2006]Status: DisposedITAT Cochin31 Aug 2023AY 2005-2006

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 40Section 40A(2)(b)

section 37(1), as well as, without prejudice, u/s. 40(b)(i) r/w Explanation 4 thereto. As it appears to us, being in fact apparent, as also admitted, the claim for remuneration to partners is calibrated to the profits of the firm and, thus, determined only after the close of the year, i.e., is an afterthought, with a view

AMBALAPPUZHA SERVICE CO-OPERATIVE SOCIETY LTD,AMBALAPPUZHA vs. ITO, WARD -2, ALAPPUZHA

In the result, the appeal filed by the assessee stands partly allowed the and stay application stands dismissed

ITA 373/COCH/2025[2015-16]Status: DisposedITAT Cochin23 Jun 2025AY 2015-16

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm & Sa No. 53/Coch/2025 Assessment Year: 2015-16 Ambalapuzha Service Co-Op. Bank Ltd. .......... Appellant Kakkazham, Vandanam, Alappuzha 688005 [Pan: Aacak0787F] Vs. The Income Tax Officer. Ward-2, Alappuzha .......... Respondent Appellant By: Shri Suresh Kumar Varma, Ca Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 30.05.2025 Date Of Pronouncement: 23.06.2025

For Appellant: Shri Suresh Kumar Varma, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 139(1)Section 147Section 148Section 41(1)Section 68Section 69ASection 80ASection 80A(5)Section 80P

section 139(1) of the Income Tax Act, 1961 (the Act). The ITO, Ward-2, Alappuzha (hereinafter called "the AO"), based on the information that the appellant made cash deposit of Rs. 58,00,000/- formed an opinion that income escaped assessment to tax. Accordingly, notice u/s. 148 of the Act. In response to the notice the appellant submitted that

PLANT LIPIDS (P) LTD,KOLENCHERY vs. DCIT, CORPORATE CIRCLE-2(1), KOCHI

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

ITA 797/COCH/2024[2016-17]Status: DisposedITAT Cochin19 Feb 2025AY 2016-17

Bench: Shri Inturi Rama Rao, Am & Shri Keshav Dubey, Jm Assessment Year: 2016-17 Plant Lipids (P) Ltd. .......... Appellant Kadayiruppu P.O., Kolenchery Ernakulam 682311 [Pan: Aabcp6061C] Vs. Dcit, Corporate Circle - 2(1) .......... Respondent C.R. Building, I.S. Press Road, Kochi 682018

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R
Section 148Section 14ASection 250(6)

disallowance under section 14A r.w. rule 8D of I.T. Rules the average value of investment was wrongly adopted at Rs. 26,70,05,428/- as against the correct average value of investment of Rs. 88

THE MALAYALA MANORAMA CO. PVT. LTD,KOTTAYAM vs. ACIT, CIRCLE & TPS, KOTTAYAM

In the result, appeal filed by the assessee is allowed

ITA 264/COCH/2025[2017-18]Status: DisposedITAT Cochin26 Jun 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm Assessment Year: 2017-18 The Malayala Manorama Co Pvt Ltd .......... Appellant Manorama Building, K K Road, Kottayam – 686001, Kerala. Vs. The Income Tax Officer .......... Respondent Circle & Tps, Kottayam.

For Appellant: NoneFor Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)Section 14A

section 14A of the Act cannot be made without recording a finding that the appellant has incurred expenditure for earning exempt income. The CIT(A) accepted the explanation in respect of the source of cash deposit of Rs. 4,10,000/-. However, confirmed the addition to the extent of Rs. 88,500/-. With regard to the disallowance

M/S.KANNAN DEVAN HILLS PLANTATIONS COMPANY P. LTD,IDUKKI vs. THE ACIT, COCHIN

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

ITA 27/COCH/2020[2016-17]Status: DisposedITAT Cochin30 Mar 2023AY 2016-17

Bench: SMT. BEENA PILLAI (Judicial Member), MS. PADMAVATHY S (Accountant Member)

For Appellant: Smt. Rohini Thampy, CA
Section 10Section 10(30)Section 30Section 801ASection 80I

88,39,340/-. It has claimed that it spent for the assessment year 2008-09 Rs.50.31 Lakh to renovate and modernize its transmission network. So, the amount spent is over 50% of the then existing establishment's book value. Indeed, the undertaking squarely falls under Section 80-1A(4)(iv) (c) of the Act. The renovation or modernization, admittedly

ESATTO BUILDERS P. LTD,KOZHIKKODE vs. THE ACIT, KOZHIKKODE

In the result, the assessee’s appeal is disposed on the foregoing terms, and it’s stay petition dismissed as unfructuous

ITA 559/COCH/2023[2012-13]Status: DisposedITAT Cochin26 Mar 2024AY 2012-13

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal & Sa No. 120/Coch/2023 (Assessment Year: 2012-13) Esatto Builders Pvt. Ltd. Asst. Cit, Circle - 2(1) 29/229 A5, 229 A6, Jp Complex Kozhikode 673001 Near Civil Station, Quilandy Vs. Kozhikode 673305 [Pan: Aacce2371D] (Appellant) (Respondent)

For Appellant: Shri Jestin Mathew, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 143(3)Section 250(1)Section 250(6)

88,38,176/- under the head "disallowance of depreciation" amounting to Rs. 1,79,338/-, "unexplained credits" amounting to Rs.36,06,592/-, "Long term borrowings amounting to Rs. 13,78,662/-, "Claim of non- existent loans amounting to Rs.51,16,310/-, "inflated liabilities claimed" amounting to Rs. 75,64,200/-, "interest disallowance" amounting to Rs.4,33,088/-, "disallowance" amounting

PHARMACON,KOCHI vs. DCIT,NON CORP, CIRCLE 1(1), KOCHI

In the result, the appeal filed by the assessee stands dismissed

ITA 229/COCH/2025[2017-18]Status: DisposedITAT Cochin05 Aug 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm Assessment Year: 2017-18 Pharmacon .......... Appellant 35/2977, B 5, First Floor, Shopping Complex Pallinada, Palarivattom, Kochi 682025 [Pan: Aalfp0115C] Vs. Dcit, Non Corporate Circle 1(1), Kochi .......... Respondent Assessee By: ------- None ------- Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 05.06.2025 Date Of Pronouncement: 05.08.2025

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)Section 37

88,990/-. While doing so, the AO disallowed the claim for deduction of commission payment of Rs. 44,76,750/- by observing that the commission expenses were booked on the last day of the accounting year, i.e. 31.03.2017 and the assessee had failed to substantiate the said expenditure. 3. Being aggrieved, an appeal was filed before