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259 results for “section 68”+ Section 35clear

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Key Topics

Section 25056Section 14A45Section 153A44Section 143(3)31Addition to Income25Section 201(1)24Section 153C21Section 271C18Limitation/Time-bar14

SRI UMA MAHESHWARA RAO CHINNI,GUNTUR vs. ASST COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1, KOZHIKODE

In the result, the instant appeals by the assesses are dismissed

ITA 895/COCH/2022[2017-18]Status: DisposedITAT Cochin15 Apr 2024AY 2017-18

Bench: Shri Sanjay Arora & Shri Manomohan Dasuma Maheshwara Rao Chinni Asst. Cit, Central Circle -1, Hno. 7-298, 7 Ward Aayakar Bhavan (North Block) Gandhi Bomma Centre Vs. Kozhikode 673001 Dachepalle, Guntur 522414 [Pan:Arjpc0342D] (Appellant) (Respondent)

For Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 115BSection 132ASection 143(3)Section 147Section 148Section 153ASection 69A

35 being not available on record in Appeal No. 899/Coch/2022, hearing in this case was concluded on 24/01/2024. The facts and circumstances, as indeed the respective cases, being the same, appeals raising common issues, per taken up for hearing together and, accordingly, heard together. This explains a common order, even as we shall for the sake of convenience refer

Showing 1–20 of 259 · Page 1 of 13

...
Disallowance13
Section 20112
Deduction10

SRI SRAVAN KUMAR NEELA,NALGONDA vs. ACIT CENTRAL CIRCLE 1, KOZHIKODE

In the result, the instant appeals by the assesses are dismissed

ITA 899/COCH/2022[2017-18]Status: DisposedITAT Cochin15 Apr 2024AY 2017-18

Bench: Shri Sanjay Arora & Shri Manomohan Dasuma Maheshwara Rao Chinni Asst. Cit, Central Circle -1, Hno. 7-298, 7 Ward Aayakar Bhavan (North Block) Gandhi Bomma Centre Vs. Kozhikode 673001 Dachepalle, Guntur 522414 [Pan:Arjpc0342D] (Appellant) (Respondent)

For Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 115BSection 132ASection 143(3)Section 147Section 148Section 153ASection 69A

35 being not available on record in Appeal No. 899/Coch/2022, hearing in this case was concluded on 24/01/2024. The facts and circumstances, as indeed the respective cases, being the same, appeals raising common issues, per taken up for hearing together and, accordingly, heard together. This explains a common order, even as we shall for the sake of convenience refer

THE ITO, TRIVANDRUM vs. M/S.PERRORKADA SERVICE CO-OP BANK LTD, TRIVANDRUM

In the result, the appeal of the Revenue in I

ITA 47/COCH/2019[2013-14]Status: DisposedITAT Cochin26 Jun 2019AY 2013-14

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

Section 143(3)Section 194A(3)(viia)Section 195Section 263Section 40Section 40A(3)Section 80P

section 68 provides that the previous year for which the books of account are maintained may be taken as the previous year for assessing the cash credit, it does not further provide that cash credit should necessarily be deemed to be the profit of the business for which the books are maintained. The cash credit may be assessed

M/S.PERRORKADA SERVICE CO-OP BANK LTD,TRIVANDRUM vs. THE ITO, TRIVANDRUM

In the result, the appeal of the Revenue in I

ITA 141/COCH/2017[2013-14]Status: DisposedITAT Cochin26 Jun 2019AY 2013-14

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

Section 143(3)Section 194A(3)(viia)Section 195Section 263Section 40Section 40A(3)Section 80P

section 68 provides that the previous year for which the books of account are maintained may be taken as the previous year for assessing the cash credit, it does not further provide that cash credit should necessarily be deemed to be the profit of the business for which the books are maintained. The cash credit may be assessed

M/S.PEROORKADA SERVICE CO-OP BANK LTD,TRIVANDRUM vs. THE ITO, WD-2(1), TRIVANDRUM, TRIVANDRUM

In the result, the appeal of the Revenue in I

ITA 93/COCH/2018[2014-15]Status: DisposedITAT Cochin26 Jun 2019AY 2014-15

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

Section 143(3)Section 194A(3)(viia)Section 195Section 263Section 40Section 40A(3)Section 80P

section 68 provides that the previous year for which the books of account are maintained may be taken as the previous year for assessing the cash credit, it does not further provide that cash credit should necessarily be deemed to be the profit of the business for which the books are maintained. The cash credit may be assessed

M/S.PERRORKADA SERVICE CO-OP BANK LTD,TRIVANDRUM vs. THE ITO, TRIVANDRUM

In the result, the appeal of the Revenue in I

ITA 563/COCH/2018[2013-14]Status: DisposedITAT Cochin26 Jun 2019AY 2013-14

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

Section 143(3)Section 194A(3)(viia)Section 195Section 263Section 40Section 40A(3)Section 80P

section 68 provides that the previous year for which the books of account are maintained may be taken as the previous year for assessing the cash credit, it does not further provide that cash credit should necessarily be deemed to be the profit of the business for which the books are maintained. The cash credit may be assessed

M/S.PEROORKADA SERVICE CO-OP BANK LTD,TRIVANDRUM vs. THE ITO, WD-2(1), TRIVANDRUM, TRIVANDRUM

In the result, the appeal of the Revenue in I

ITA 400/COCH/2018[2014-15]Status: DisposedITAT Cochin26 Jun 2019AY 2014-15

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

Section 143(3)Section 194A(3)(viia)Section 195Section 263Section 40Section 40A(3)Section 80P

section 68 provides that the previous year for which the books of account are maintained may be taken as the previous year for assessing the cash credit, it does not further provide that cash credit should necessarily be deemed to be the profit of the business for which the books are maintained. The cash credit may be assessed

M/S.APOLLO TYRES LTD,COCHIN vs. THE PRINCIPAL COMMISSIONER OF INCOMETAX, COCHIN

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

ITA 609/COCH/2017[2013-14]Status: DisposedITAT Cochin01 Sept 2025AY 2013-14

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm Assessment Year: 2013-14 Apollo Tyres Ltd. .......... Appellant 3Rd Floor, Areekal Mansion, Panampilly Nagar, Kochi 682036 [Pan: Aaaca6990Q] Vs. Dcit, Corporate Circle-1(1), Kochi ......... Respondent Assessee By: Shri Abraham Joseph Markos, Adv. Revenue By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 20.08.2025 Date Of Pronouncement: 01.09.2025

For Appellant: Shri Abraham Joseph Markos, AdvFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 115JSection 143(3)Section 32Section 32(1)(iia)Section 35Section 43(1)Section 92C

68,42,880/- towards Salary and other R&D expenses within the scope of "Fee for technical Services under explanation 2 of section 9(1)(vii)of Income Tax Act and liable for TDS. 5.2 The Ld AO erred in not appreciating that the assessee company has made payment of Rs 1,07,08,950/- for clinical trials majorly

SMT.K.B.SONY,COCHIN vs. THE DCIT, COCHIN

In the result, i) The appeal of the assessee in ITA No

ITA 320/COCH/2015[2009-10]Status: DisposedITAT Cochin24 May 2018AY 2009-10

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

Section 69

35 deals with expenditure on scientific research, section 35A deals with expenditure on acquisition of patent right or copy right. Section 35AB deals with expenditure on know-how. Section 35ABB deals with expenditure for obtaining licence to operate telecommunication services. Section 35AC deals with expenditure on eligible project. Section 35AD deals with deduction in respect

RAJU JOSEPH VAYALAT,ERNAKULAM vs. ITO, WARD-2(5), KOCHI

In the result, the appeal of the assessee is dismissed

ITA 273/COCH/2024[2013-2014]Status: DisposedITAT Cochin26 Aug 2025AY 2013-2014

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarma

Section 133(6)Section 143(3)Section 68

Section 68 of the Act. The AO further observed that the assessee had sold land for Rs. 44,39,000 and claimed cost of improvement of Rs. 35

KRISHNA STEEL ROLLING MILLS,PALAKKAD vs. ITO, CIRCLE-1, PALAKKAD, PALAKKAD

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

ITA 576/COCH/2022[2017-2018]Status: DisposedITAT Cochin14 Sept 2022AY 2017-2018

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2017-18

For Appellant: Shri Anil Kumar P.J., A.RFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 115BSection 133(6)Section 143(2)Section 68

section 133(6) of the Act was issued to the debtors as claimed by the assessee in its submission during the course of assessment proceedings. The assessee furnished various documents which were considered by the AO but were found to be inadequate to substantiate the claim of the assessee. The cash book of the assessee was also rejected

THE ITO, WD-1(1), KOCHI vs. SHRI.P.V.ABRAHAM, KOCHI

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

ITA 508/COCH/2018[2013-14]Status: DisposedITAT Cochin06 Feb 2019AY 2013-14

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

Section 91

35,502/- Unexplained Income Rs.1,54,86,598/- . 4. On appeal, the CIT(A) deleted the addition by holding that the facts of the instant case are squarely covered by the decision of the ITAT, Cochin Bench in the case of ITO vs. Abraham Varghese Cheruvil (2017) Taxcorp (A.T.) 55729. The CIT(A) found that the Assessing Officer

MR.SEEGLIN JOSE MORAIS OUSEPH,TRIVANDRUM vs. THE ITO, WD-1(3), TRIVANDRUM

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 472/COCH/2018[2009-10]Status: DisposedITAT Cochin13 Jan 2020AY 2009-10

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Assessment Year: 2009-10

Section 131Section 17Section 68Section 91

section 17 of the Registration Act, 1908 albeit to an agreement for sale ought to have been appreciated by the authorities. 7. The Assessing Officer as well as the CIT(A) ought to have given due weightage to affidavits and personal relations between the parties which ought not have been neglected. 8. The CIT(A) ought to have give

SRI.E.UMMER BAVA,MALAPPURAM vs. THE ACIT, TIRUR

In the result, the appeal of the assessee is dismissed

ITA 356/COCH/2015[2004-05]Status: DisposedITAT Cochin01 Mar 2019AY 2004-05

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

Section 143(3)

Section 68 of the Act requires an assessee to prove the credits appearing in his books of account, as to the nature and source of such amounts, so that if the explanation furnished is not satisfactory, the Assessing Officer can treat it as the assessee’s income. The assessee is required to prove three important conditions namely

THE ACIT, TRIVANDRUM vs. M/S. KILLI CONSTRUCTIONS, TRIVANDRUM

In the result, the appeals filed by the Revenue, the appeal filed by the

ITA 299/COCH/2016[2007-08]Status: DisposedITAT Cochin29 Jan 2018AY 2007-08

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

Section 68

section 68 for the following reasons, 1. The appellant has taken two different stands i.e. the one during the course of reassessment proceedings stating that it was a loan availed and another one during the course of appeal hearing stating the same as paid towards allotment of 1000 sq. ft. space in the “Killi Towers” to be constructed

M/S.KILLI CONSTRUCTIONS,TRIVANDRUM vs. THE DCIT, TRIVANDRUM

In the result, the appeals filed by the Revenue, the appeal filed by the

ITA 369/COCH/2016[2005-06]Status: DisposedITAT Cochin29 Jan 2018AY 2005-06

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

Section 68

section 68 for the following reasons, 1. The appellant has taken two different stands i.e. the one during the course of reassessment proceedings stating that it was a loan availed and another one during the course of appeal hearing stating the same as paid towards allotment of 1000 sq. ft. space in the “Killi Towers” to be constructed

THE ACIT, TRIVANDRUM vs. M/S. KILLI CONSTRUCTIONS, TRIVANDRUM

In the result, the appeals filed by the Revenue, the appeal filed by the

ITA 298/COCH/2016[2006-07]Status: DisposedITAT Cochin29 Jan 2018AY 2006-07

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

Section 68

section 68 for the following reasons, 1. The appellant has taken two different stands i.e. the one during the course of reassessment proceedings stating that it was a loan availed and another one during the course of appeal hearing stating the same as paid towards allotment of 1000 sq. ft. space in the “Killi Towers” to be constructed

M/S.KOTTAKKAL WOOD COMPLEX,KOTTAKKAL vs. THE ITO, TIRUR

In the result, the appeals of the assessee are allowed and the Stay Petitions

ITA 593/COCH/2019[2002-03]Status: DisposedITAT Cochin03 Mar 2020AY 2002-03

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

Section 133ASection 143(3)Section 153ASection 260ASection 271(1)(c)

68 to 74/Coch/2019 before the Tribunal. The CIT(A) observed that the appeals filed by the assessee were dismissed by the Tribunal and the assessee filed further appeals in the High Court. The High Court of Kerala while dealing with the matter pronounced its judgment in ITA Nos. 27, 28, 29, 35, 36, 42 & 53 of 2013 on 4th July

THE ACIT, KOCHI vs. THE FEDERAL BANK LTD, ERNAKULAM

In the result, appeals of the Assessee and revenue for AY 2008-09 to 2010-

ITA 310/COCH/2020[2008-09]Status: DisposedITAT Cochin12 Dec 2022AY 2008-09

Bench: Shri N. V. Vasudevan & Ms. S. Padmavathy

For Appellant: Shri Rajesekharan, CA and Shri K.Gopi, CAFor Respondent: Smt. J. M. Jamuna Devi, Sr. DR, Cochin
Section 147Section 14ASection 154

35, 272 to 275, 309 to 311/Coch/2020 Page 3 of 28 Amount disallowed Rs.12,37,89,000 Rs.11,80,57,000 Rs.4,68,60,335 by AO invoking Rule 8D 4. On appeal by the Assessee, the CIT(A) by orders all dated 23.1.2014, followed decision of the Hon’ble Kerala High Court in the case of CIT Vs. Catholic

THE FEDERAL BANK LTD,ALUVA vs. THE ACIT, KOCHI

In the result, appeals of the Assessee and revenue for AY 2008-09 to 2010-

ITA 275/COCH/2020[2014-15]Status: DisposedITAT Cochin12 Dec 2022AY 2014-15

Bench: Shri N. V. Vasudevan & Ms. S. Padmavathy

For Appellant: Shri Rajesekharan, CA and Shri K.Gopi, CAFor Respondent: Smt. J. M. Jamuna Devi, Sr. DR, Cochin
Section 147Section 14ASection 154

35, 272 to 275, 309 to 311/Coch/2020 Page 3 of 28 Amount disallowed Rs.12,37,89,000 Rs.11,80,57,000 Rs.4,68,60,335 by AO invoking Rule 8D 4. On appeal by the Assessee, the CIT(A) by orders all dated 23.1.2014, followed decision of the Hon’ble Kerala High Court in the case of CIT Vs. Catholic