GATEWAY DISTRIPARKS(KERALA) LTD,COCHIN vs. ACIT, COCHIN

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

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No.216/Coch/2018 Assessment Year : 2013-14 Gateway Distriparks (Kerala) Vs. The Assistant Commissioner Of Ltd., Door No. 26/1804, Income-Tax, Circle-1(2), Kochi Chakiat House, Subramaniam Road, Willington Island, Kochi-682 003. [Pan:Aaccg 6616P] (Assessee-Appellant) (Revenue-Respondent) Assessee By Shri P.M. Veeramani, Ca Revenue By Smt. A.S. Bindhu, Dr Date Of Hearing 14/08/2018 Date Of Pronouncement 28/08/2018

property are not payments in the nature of rent within the meaning of section 194 I of the Act.". Hence , it was submitted that the finding of the Commissioner that the one-time lease premium was towards use of land was not correct and hence revision order should be quashed 4.2 The Ld. AR submitted that the one time

M/S.WARRIERS HOSPITAL & PANCHAKARMA CENTRE,KAYAMKULAM vs. THE DCIT, CIRCLE-1, ALAPPUZHA

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

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

house property and he disallowed depreciation claimed by the assessee at Rs.14,29,528/- since the assessee is only entitled for deduction u/s.24 of the I.T. Act. 3. Against this, the assessee went in appeal before the CIT(A). Before the CIT(A), the assessee reiterated the arguments. However, the CIT(A) decided the issue against the assessee. 4. Against

M/S.WARRIERS HOSPITAL & PANCHAKARMA CENTRE,KOLLAM vs. THE DCIT, , ALAPPUZHA

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

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

house property and he disallowed depreciation claimed by the assessee at Rs.14,29,528/- since the assessee is only entitled for deduction u/s.24 of the I.T. Act. 3. Against this, the assessee went in appeal before the CIT(A). Before the CIT(A), the assessee reiterated the arguments. However, the CIT(A) decided the issue against the assessee. 4. Against

M/S.WARRIERS HOSPITAL & PANCHAKARMA CENTRE,KOLLAM vs. THE DCIT, , ALAPPUZHA

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

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

house property and he disallowed depreciation claimed by the assessee at Rs.14,29,528/- since the assessee is only entitled for deduction u/s.24 of the I.T. Act. 3. Against this, the assessee went in appeal before the CIT(A). Before the CIT(A), the assessee reiterated the arguments. However, the CIT(A) decided the issue against the assessee. 4. Against

M/S.WARRIERS HOSPITAL & PANCHAKARMA CENTRE,KAYAMKULAM vs. THE DCIT, CIRCLE-1, ALAPPUZHA

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

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

house property and he disallowed depreciation claimed by the assessee at Rs.14,29,528/- since the assessee is only entitled for deduction u/s.24 of the I.T. Act. 3. Against this, the assessee went in appeal before the CIT(A). Before the CIT(A), the assessee reiterated the arguments. However, the CIT(A) decided the issue against the assessee. 4. Against

M/S.MUTHOOTT MINI FINANCIERS P. LTD,KOZHENCHERRY vs. THE DCIT, CEN-CIRCLE-2,, ERNAKULAM

In the result, the appeals filed by the assessee are partly allowed for statistical

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

32 of the Income Tax Act 1961 since it was used previously for business purposes and intention to future use is still under consideration. The Assessing Officer has failed to appreciate the fact that the Appellants intention to use such prime area in SA Road Pallimukku, Ernakulam is only for its intended business purpose and the present temporary letting

M/S.MUTHOOTT MINI FINANCIERS P. LTD,KOZHENCHERRY vs. THE DCIT, CEN-CIRCLE-2,, ERNAKULAM

In the result, the appeals filed by the assessee are partly allowed for statistical

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

32 of the Income Tax Act 1961 since it was used previously for business purposes and intention to future use is still under consideration. The Assessing Officer has failed to appreciate the fact that the Appellants intention to use such prime area in SA Road Pallimukku, Ernakulam is only for its intended business purpose and the present temporary letting

M/S.MUTHOOTT MINI FINANCIERS P. LTD,KOZHENCHERRY vs. THE DCIT, CEN-CIRCLE-2,, ERNAKULAM

In the result, the appeals filed by the assessee are partly allowed for statistical

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

32 of the Income Tax Act 1961 since it was used previously for business purposes and intention to future use is still under consideration. The Assessing Officer has failed to appreciate the fact that the Appellants intention to use such prime area in SA Road Pallimukku, Ernakulam is only for its intended business purpose and the present temporary letting

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

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

Section 32, a building which is entitled for depreciation would mean only the superstructure and would not include the site." 7.5 Thus, in view of the aforementioned judgments, the Ld. DR submitted that it is clear that in a case where the value of building and the value of the land on which it is built is separately identifiable, assessees

THE ACIT CIR-1(1), THRISSUR vs. SOUTH INDIAN BANK LTD, THRISSUR

In the result, both the appeal filed by the assessee as well as the appeal filed

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

Section 36(1)(viii), eligible business means business of providing long term finance for industrial or agricultural development, development of infrastructure facility in India and development of housing in India. The break up of the long term finance was also furnished by the appellant, as below:- Description Interest (Rs.) Income purposes Long Term A/on 11,19,104 Housing Loan housing

SOUTH INDIAN BANK LTD,THRISSUR vs. THE ACIT CIR-1(1), THRISSUR

In the result, both the appeal filed by the assessee as well as the appeal filed

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

Section 36(1)(viii), eligible business means business of providing long term finance for industrial or agricultural development, development of infrastructure facility in India and development of housing in India. The break up of the long term finance was also furnished by the appellant, as below:- Description Interest (Rs.) Income purposes Long Term A/on 11,19,104 Housing Loan housing

M/S POPULAR FINANCE COMPANY,PATHANAMTHITTA vs. THE ACIT,CIR-1,, THIRUVALLA

In the result, the appeals of the Revenue are partly allowed for statistical purposes

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

house property." 18. The ITAT being the last forum insofar as factual determination is concerned, these findings have attained finality. In any case, as mentioned above, the learned counsel for the appellant did not argue on this aspect and did not make any efforts to show as to how the aforesaid findings were perverse. It was for the appellant

M/S.POPULAR FINANCE,PATHANAMTHITTA vs. THE ACIT, CIRCLE-1, THIRUVALLA

In the result, the appeals of the Revenue are partly allowed for statistical purposes

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

house property." 18. The ITAT being the last forum insofar as factual determination is concerned, these findings have attained finality. In any case, as mentioned above, the learned counsel for the appellant did not argue on this aspect and did not make any efforts to show as to how the aforesaid findings were perverse. It was for the appellant

M/S POPULAR FINANCE COMPANY,PATHANAMTHITTA vs. THE ACIT,CIR-1,, THIRUVALLA

In the result, the appeals of the Revenue are partly allowed for statistical purposes

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

house property." 18. The ITAT being the last forum insofar as factual determination is concerned, these findings have attained finality. In any case, as mentioned above, the learned counsel for the appellant did not argue on this aspect and did not make any efforts to show as to how the aforesaid findings were perverse. It was for the appellant

THE ACIT, THIRUVALLA vs. M/S.MUTHOOT PROPERTIES & INVESTMENTS, KOZHENCHERRY

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

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

house property." 18. The ITAT being the last forum insofar as factual determination is concerned, these findings have attained finality. In any case, as mentioned above, the learned counsel for the appellant did not argue on this aspect and did not make any efforts to show as to how the aforesaid findings were perverse. It was for the appellant

DCIT, THIRUVALLA vs. MUTHOOT PROPERTIES & INVESTMENTS,, KOZHENCHERRY

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

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

house property." 18. The ITAT being the last forum insofar as factual determination is concerned, these findings have attained finality. In any case, as mentioned above, the learned counsel for the appellant did not argue on this aspect and did not make any efforts to show as to how the aforesaid findings were perverse. It was for the appellant

DCIT, THIRUVALLA vs. MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, KOZHENCHERRY

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

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

house property." 18. The ITAT being the last forum insofar as factual determination is concerned, these findings have attained finality. In any case, as mentioned above, the learned counsel for the appellant did not argue on this aspect and did not make any efforts to show as to how the aforesaid findings were perverse. It was for the appellant

THE ACIT, THIRUVALLA vs. M/S.MUTHOOT PROPERTIES & INVESTMENTS, KOZHENCHERRY

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

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

house property." 18. The ITAT being the last forum insofar as factual determination is concerned, these findings have attained finality. In any case, as mentioned above, the learned counsel for the appellant did not argue on this aspect and did not make any efforts to show as to how the aforesaid findings were perverse. It was for the appellant

DCIT, THIRUVALLA vs. MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, KOZHENCHERRY

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

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

house property." 18. The ITAT being the last forum insofar as factual determination is concerned, these findings have attained finality. In any case, as mentioned above, the learned counsel for the appellant did not argue on this aspect and did not make any efforts to show as to how the aforesaid findings were perverse. It was for the appellant