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

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

Transfer Pricing Officer (TPO) u/s. 92CA(1) of the Act for the purpose of benchmarking the above international transactions. The TPO vide order dated 28.10.2016 3 Apollo Tyres Ltd. passed u/s. 92CA(3) of the Act suggested upward TP adjustments in respect of corporate guarantee commission provided to Apollo Vredestein BV (AVBV

M/S.NAVIGANT BPM (INDIA) P. LTD(EARLIER KNOWN AS REVENUE MED INDIA P. LTD),TRIVANDRUM vs. THE ACIT, TRIVANDRUM

In the result, ground No.4

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

100% subsidiary of Navigant Consulting Inc Europe. The assessee provides health care data processing services to its holding company at USA. For the assessment year 2011-2012, the assessee had rendered IT enabled services amounting to Rs.19,53,44,992 to its Associate Enterprise (AE). The return of income was filed for IT(TP)A No.57/Coch/2016 2 SA No.62/Coch/2017. M/s.Navigant

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

section 40(a)(ia) of the I.T.Act, as it was considered retrospective effect by the Hon’ble Supreme Court in the case of Calcutta Export Company (supra). Accordingly, this issue is remitted to the file of A.O. for fresh consideration. 14. As regards ground No.6 and its sub-grounds, the grievance of the assessee is that the Transfer Pricing Officer

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

section 40(a)(ia) of the I.T.Act, as it was considered retrospective effect by the Hon’ble Supreme Court in the case of Calcutta Export Company (supra). Accordingly, this issue is remitted to the file of A.O. for fresh consideration. 14. As regards ground No.6 and its sub-grounds, the grievance of the assessee is that the Transfer Pricing Officer

M/S.SPERIDIAN TECHNOLOGIES P. LTD,TRIVANDRUM vs. THE ACIT,CIRCLE-1(1), TRIVANDRUM, TRIVANDRUM

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

Bench: S/Shri Abraham P. George, Am & George George K., Jm

section 133(6) sways in favour of the TPO, as the appellant is not having any such privilege, while preparing the TP study. This makes the TP study of the TPO a one-sided arrangement, while the appellant is left only to accept the comparable companies selected by the TPO, in the manner best suited to the authority

SRI.K.P. JOHNY,THRISSUR vs. THE DCIT, CIRCLE-2(1), THRISSUR

In the result, both the assessee’s and the Revenue’s appeals are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Dask.P. Johny Asst. Cit, Manappuram House Circle – 2(1) Hospital Road, Chalakkudy Aayakar Bhavan Vs. Thrissur 680307 Sakthan Thampuran Nagar [Pan:Acgpj4958G] Thrissur 680001 (Appellant) (Respondent) Asst. Cit, K.P. Johny Circle – 2(1) Manappuram House Aayakar Bhavan Hospital Road, Chalakkudy Vs. Sakthan Thampuran Nagar Thrissur 680307 Thrissur 680001 [Pan: Acgpj4958G] (Appellant) (Respondent)

price - the date of transfer (b) Non-reference to the internal audit report or its findings, vital for share valuation; (c) Complete silence and non-explanation as to how and why payment of sale consideration, being, in clear terms of SA to the party of the first part, the seller, stands made to Manko, the company for purchase of shares

THE DCIT, CIRCLE-2(1), THRISSUR vs. SRI.K.P. JOHNY, THRISSUR

In the result, both the assessee’s and the Revenue’s appeals are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Dask.P. Johny Asst. Cit, Manappuram House Circle – 2(1) Hospital Road, Chalakkudy Aayakar Bhavan Vs. Thrissur 680307 Sakthan Thampuran Nagar [Pan:Acgpj4958G] Thrissur 680001 (Appellant) (Respondent) Asst. Cit, K.P. Johny Circle – 2(1) Manappuram House Aayakar Bhavan Hospital Road, Chalakkudy Vs. Sakthan Thampuran Nagar Thrissur 680307 Thrissur 680001 [Pan: Acgpj4958G] (Appellant) (Respondent)

price - the date of transfer (b) Non-reference to the internal audit report or its findings, vital for share valuation; (c) Complete silence and non-explanation as to how and why payment of sale consideration, being, in clear terms of SA to the party of the first part, the seller, stands made to Manko, the company for purchase of shares

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

In the result appeal filed by assessee stands allowed

Bench: Shri Inturi Rama Rao & Shri Keshav Dubeyassessmentyear:2020-21 Plant Lipids (P) Ltd. Kadayiruppu Po Kolenchery Dcit, Vs. Kerala 682 311 Corporate Circle-2(1) Kochi Pan No : Aabcp6061C Appellant Respondent Appellant By : Shri Thomson Thomas, A.R. Respondent By : Shri Sanjit Kumar Das, D.R. Date Of Hearing : 20.02.2025 Date Of Pronouncement : 19.05.2025 O R D E R Perkeshav Dubey: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Ao, Assessment Unit, Income Tax Department Dated 19.6.2024 Vide Din No.Itba/Ast/S/143(3)/2024- 25/1065876641(1) For The Ay 2020-21 Passed U/S 143(3) R.W.S. 144C(13) R.W.S. 144B Of The Income Tax Act, 1961 (In Short “The Act”). 2. The Assessee Has Raised Following Grounds Of Appeal: Plant Lipids (P) Ltd., Kolencherry, Kerala Page 2 Of 8

Transfer Pricing Order made an adjustment of Rs.2,03,38,752/- towards notional guarantee commission in respect of corporate guarantee given by the assessee for its Subsidiary.After receiving the order of the TPO, the Assessing Officer made a draft assessment order u/s 144(1) proposing to make the following adjustments:- i. Addition as proposed by TPO — towards notional Guarantee Commission

M/S.ABAD BUILDERS,COCHIN vs. THE ACIT, COCHIN

In the result, the appeal by the assessee is allowed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S.Assessment Year : 2010-11

transferred to the assessee. In that view of the Page 7 of 10 matter, for the purpose of income derived from such property, the assessee would be the owner of the land for the purpose of the said Act. It is true that the title in the land had not yet passed on to the assessee. It is equally true

SONIYA DAVID LATHIKA,THIRUVANANTHAPURAM vs. ITO WARD 2(3), TRIVANDRUM, THIRUVANANTHAPURAM

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

Bench: Shri Sanjay Arora, Am & Ms. Kavitha Rajagopal, Jm Soniya David Lathika The Ito, Ward-2(3) S. S. Nivas, Vizhinjam, Aayakar Bhavan, Kowdiar, Vs. Mukkola, Venganoor, Trivandrum-4 Thiruvananthapuram, Kerala Pan/Gir No. Ajqpl 8228 A (Assessee) : (Respondent)

transfer the appellant suffered two disadvantages. One, she did not get the market price obtainable for urban land and two, she became liable to capital gains tax. The narration in the sale deed that if she got a better price than what she would have got from compulsory acquisition she would execute sale deed directly with VISL' is unworthy

THE DCIT,CEN-CIRCLE,, THRISSUR vs. SRI.T.G. CHANDRAKUMAR, THRISSUR

In the result, the Appeal by the Revenue is allowed on the aforesaid terms

Bench: Shri Sanjay Arora (Accountant Member), Shri Sandeep Gosain (Judicial Member)

section (3) thereof, would have no bearing on the merits of the case. The decision by the first appellate authority for that year, as for the current year, cannot bind this Tribunal, so that the matter cannot be regarded as covered, and would require being adjudicated by it on merits. The same would though be relevant and taken into account

THARIF BUILDERS P. LTD,KOZHIKKODE vs. THEACIT, KOZHIKKODE

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

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

section 142 of the Income Tax Act, 1961, is issued to Shri Mohammed Kutty Haji @ Tharif Mall, Shri Hamza Puthukudy, Tharif Builders Pvt. Ltd. (name of person) to produce or cause to be produced books of account or other documents which will be useful for, relevant to, proceedings under the Indian Income Tax Act, 1922, or under the Income

THARIF BUILDERS P. LTD,KOZHIKKODE vs. THEACIT, KOZHIKKODE

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

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

section 142 of the Income Tax Act, 1961, is issued to Shri Mohammed Kutty Haji @ Tharif Mall, Shri Hamza Puthukudy, Tharif Builders Pvt. Ltd. (name of person) to produce or cause to be produced books of account or other documents which will be useful for, relevant to, proceedings under the Indian Income Tax Act, 1922, or under the Income

THARIF BUILDERS P. LTD,KOZHIKKODE vs. THEACIT, KOZHIKKODE

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

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

section 142 of the Income Tax Act, 1961, is issued to Shri Mohammed Kutty Haji @ Tharif Mall, Shri Hamza Puthukudy, Tharif Builders Pvt. Ltd. (name of person) to produce or cause to be produced books of account or other documents which will be useful for, relevant to, proceedings under the Indian Income Tax Act, 1922, or under the Income

THE ACIT, CIRCLE-1(1), THRISSUR, THRISSUR vs. M/S.KERALA COMMUNICATORS CABLE LTD, THRISSUR

In the result, appeal filed by the Revenue is allowed and

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

section 32 including building when the rate of depreciation on building is only 10% and not 100%. The equipments like STB can be considered if at all admissible for deprecation, to be @ 15% under the “plant and machinery” and not @ 100%. In this view of the matter, if at all depreciation can be treated as admissible, it shall not exceed

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

prices inclusive of freight. In such cases the suppliers transports goods by motor lorries to assessee's factory. As per the Industry practice the motor lorries are hired by the supplier on onetime basis, depending on the availability. In the absence of regular contacts, the lorry freight is required to be paid in cash at the time of delivery

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

prices inclusive of freight. In such cases the suppliers transports goods by motor lorries to assessee's factory. As per the Industry practice the motor lorries are hired by the supplier on onetime basis, depending on the availability. In the absence of regular contacts, the lorry freight is required to be paid in cash at the time of delivery

GEORGE STANLEY,THIRUVALLA vs. DCIT, INTERNATIONAL TAXATION, CIRCLE, TRIVANDRUM, THIRUVANANTHAPURAM

Bench: Shri Sanjay Arora, Am &Shri Manomohan Das, Jm

section 143(3) of the Income-tax Act, 1961 (‘the Act’) dated 28.12.2016 for assessment year (AY) 2014-2015, by the Commissioner of Income-tax (Appeals)-12, Bengaluru [CIT(A)], vide his order dated 20.12.2021. 2. The appeal, filed on 11.05.2022, after accounting for the blanket saving on account of Covid by the Hon’ble Apex Court