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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

Section 14A Cochin International Airport Ltd. read with Rule Rule 8D. The decisions of the Kolkata and Chennai Benches of the ITAT in the cases of ITO vs. Narain Prasad Dalmia: ITA No. 1180/K/2011 for the AY 2008-09 and ACIT v. Best & Crompton Engg Ltd. ITA No.1603/Mds/2012 for the AY 2009-10 too are applicable. fff) On the debate

THEDCIT, COCHIN vs. M.S COCHIN INTERNATIONAL AIRPORT LTD, COCHIN

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

Section 14A Cochin International Airport Ltd. read with Rule Rule 8D. The decisions of the Kolkata and Chennai Benches of the ITAT in the cases of ITO vs. Narain Prasad Dalmia: ITA No. 1180/K/2011 for the AY 2008-09 and ACIT v. Best & Crompton Engg Ltd. ITA No.1603/Mds/2012 for the AY 2009-10 too are applicable. fff) On the debate

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 in the present Assessment Year. 22. In order to remedy this position and to remove hardships which were being caused to the assessees belonging to such second category, amendments have been made in the provisions of Section 40(a) (ia) by the Finance Act, 2010. 23. Section 40(a)(ia), as amended by Finance Act, 2010, with effect from

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 in the present Assessment Year. 22. In order to remedy this position and to remove hardships which were being caused to the assessees belonging to such second category, amendments have been made in the provisions of Section 40(a) (ia) by the Finance Act, 2010. 23. Section 40(a)(ia), as amended by Finance Act, 2010, with effect from

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

Section 36 and 43B a dear message given by the Hon'ble Finance Minister that the Government does not wish to allow employers to use the money deducted from the salary of employees. Accordingly, amount of employee's contribution must get deposited within the dates specified under the respective Act to remain eligible for the deduction u/s 36. 6.3 Since

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.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

THE ACIT, ERNAKULAM vs. M/S.NITTA GELATINE INDIA LTD, COCHIN

In the result, the appeal of the Revenue in ITA No

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

section 32 provides additional depreciation only in the year in which the asset was put to use. 3. Deleting the disallowance made on account of claim of additional depreciation on the cost of acquisition of the effluent treatment plant. The AO has rightly disallowed this claim since the assessee has not claimed it in the return of income. 4. Deletion

THE ACIT, COCHIN vs. M/S.NITTA GELATINE INDIA LTD, COCHIN

In the result, the appeal of the Revenue in ITA No

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

section 32 provides additional depreciation only in the year in which the asset was put to use. 3. Deleting the disallowance made on account of claim of additional depreciation on the cost of acquisition of the effluent treatment plant. The AO has rightly disallowed this claim since the assessee has not claimed it in the return of income. 4. Deletion

ACIT, COCHIN vs. SRI.P.C.JOSE, COCHIN

In the result, appeal filed by the assessee stands allowed and Revenue’s appeal stands dismissed

Bench: Shri Inturi Rama Rao, Am & Shri Keshav Dubey, Jm Assessment Year: 2008-09 P.C. Jose .......... Appellant Brothers Agencies, Jews Street Ernakulam 682031 [Pan: Abbpj8250F] Vs. Dy. Commissioner Of Income Tax .......... Respondent Circle - 2(1), Kochi Assessment Year: 2008-09 Dy. Commissioner Of Income Tax .......... Appellant Circle - 2(1), Kochi Vs. P.C. Jose .......... Respondent Brothers Agencies, Jews Street Ernakulam 682031 [Pan: Abbpj8250F] Assessee By: Shri R. Krishnan, Ca Revenue By: Shri Sanjit Kumar Das & Smt. Leena Lal, Sr. D.R. Date Of Hearing: 20.02.2025 Date Of Pronouncement: 18.03.2025 P.C. Jose

92,763/-. The AO had disallowed the loss claimed from business of card division of Rs. 7,50,000/-. The brief factual background leading to the above addition is as under: - P.C. Jose Gains from sale of land 4. During the previous year relevant to the assessment year under consideration the assessee had sold properties situated in a place called

M/S.MUTHOOT BANKERS,COCHIN vs. THE ACIT, COCHIN

In the result, the appeals of the assessee are partly allowed for statistical

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

92 & 93/Coch/2019 is with regard to addition of Rs.18,36,878/- on account of disallowance u/s. 14A r.w.s. Rule 8D of the Act. 4. The facts of the case as narrated in ITA No. 92/Coch/2015 are that during the course of verification it was found that in the computation of income, the dividend earned during the year was Rs.40

M/S.MUTHOOT BANKERS,COCHIN vs. THE ACIT, COCHIN

In the result, the appeals of the assessee are partly allowed for statistical

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

92 & 93/Coch/2019 is with regard to addition of Rs.18,36,878/- on account of disallowance u/s. 14A r.w.s. Rule 8D of the Act. 4. The facts of the case as narrated in ITA No. 92/Coch/2015 are that during the course of verification it was found that in the computation of income, the dividend earned during the year was Rs.40

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

disallowance of deduction of Rs.65,92,430/- claimed by the assessee under section 80P(2) (a) (i) of the Act solely

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

disallowance of deduction of Rs.65,92,430/- claimed by the assessee under section 80P(2) (a) (i) of the Act solely

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

92,28,405/- on working capital loans availed from banks as incurred for acquisition of assets and disallowing the same under proviso to section

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

92,28,405/- on working capital loans availed from banks as incurred for acquisition of assets and disallowing the same under proviso to section

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

92,620/-. The assessment u/s. 143(3) was completed vide order dated 23/03/2015, determining the total I.T.A. No.155 /Coch/2017 income at Rs.99,44,117/-. After going through the records, the CIT observed that the assessment order passed by the Assessing Officer was erroneous in so far as it was prejudicial to the interest of the revenue for the reasons mentioned