THE COMMISSIONER OF INCOME TAX-1, vs. M/S.APPOLLO TYRES LTD.,

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

depreciation in the previous year 2008-09 and claimed balance 50%, i.e., 10% of 20%, in the Assessment Year 2009-10. The Tribunal held that there is no restriction in the Income Tax Act from availing balance of one-time-incentive in the form of additional

THE COMMISSIONER OF INCOME TAX vs. M/S. KITEX GARMENTS LTD.

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

depreciation in the previous year 2007-08 and claimed balance 50%, i.e., 10% of 20%, in the Assessment Year 2008-09. The Tribunal held that there is no restriction in the Income Tax Act from availing balance of one-time-incentive in the form of additional

THE PRINCIPAL COMMISSIONER OF INCOME TAX, vs. SMT.GRACY BABU,

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

income of the Trust by amount of Rs. 14,54,59,169/- for the reason that the Trust has paid the amount for the purpose of construction of building to erstwhile trustees but had failed to produce bills and invoices to substantiate the same. It was submitted that the CIT(A) had acted beyond jurisdiction by going into new addition

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. REENA JOSE

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

income of the Trust by amount of Rs. 14,54,59,169/- for the reason that the Trust has paid the amount for the purpose of construction of building to erstwhile trustees but had failed to produce bills and invoices to substantiate the same. It was submitted that the CIT(A) had acted beyond jurisdiction by going into new addition

THE PRINCIPAL COMMISSIONER OF INCOME TAX, vs. GRACY BABU,

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

income of the Trust by amount of Rs. 14,54,59,169/- for the reason that the Trust has paid the amount for the purpose of construction of building to erstwhile trustees but had failed to produce bills and invoices to substantiate the same. It was submitted that the CIT(A) had acted beyond jurisdiction by going into new addition

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. JOSE THOMAS

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

income of the Trust by amount of Rs. 14,54,59,169/- for the reason that the Trust has paid the amount for the purpose of construction of building to erstwhile trustees but had failed to produce bills and invoices to substantiate the same. It was submitted that the CIT(A) had acted beyond jurisdiction by going into new addition

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. JOSE THOMAS,

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

income of the Trust by amount of Rs. 14,54,59,169/- for the reason that the Trust has paid the amount for the purpose of construction of building to erstwhile trustees but had failed to produce bills and invoices to substantiate the same. It was submitted that the CIT(A) had acted beyond jurisdiction by going into new addition

HOTEL ALLIED TRADES PVT. LTD vs. THE ADDITIONAL COMMISSIONER OF INCOME-TAX

In the result, we dismiss the IT Appeal by answering the

Bench: Us, The Appellant Raises The Following Questions Of Law:

addition to building and electrical fittings on leasehold premises. The Ld. AO, invoking Explanation-1 to Sec.32(1) held that capital expenditure incurred on a leased building was to be capitalized and depreciation would be allowed. Therefore, the amount of Rs.101.87 lakhs was disallowed. The Ld. CIT(A) confirmed the same but directed the LD. AO to allow depreciation

M/S.PTL ENTERPRISES LTD. vs. THE DEPUTY COMMISSIONER OF INCOME-TAX

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-2, ERNAKULAM ANNEXURE-C TRUE COPY OF APPELLATE ORDER DATED 6.9.2010 OF THE COMMISSIONER OF INCOME TAX (APPEALS) II, KOCHI ANNEXURE-D TRUE COPY OF APPEAL DATED 7.12.2010 FILED BY THE RESPONDENT BEFORE THE INCOME TAX APPELLATE TRIBUNAL, KOCHI BENCH ANNEXURE-E CERTIFIED COPY OF ORDER DATED 3.4.2012 OF THE INCOME TAX APPELLATE TRIBUNAL

M/S PTL ENTERPRISES LTD., vs. THE DEPUTY COMMISSIONER OF INCOME-TAX,

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-2, ERNAKULAM ANNEXURE-C TRUE COPY OF APPELLATE ORDER DATED 6.9.2010 OF THE COMMISSIONER OF INCOME TAX (APPEALS) II, KOCHI ANNEXURE-D TRUE COPY OF APPEAL DATED 7.12.2010 FILED BY THE RESPONDENT BEFORE THE INCOME TAX APPELLATE TRIBUNAL, KOCHI BENCH ANNEXURE-E CERTIFIED COPY OF ORDER DATED 3.4.2012 OF THE INCOME TAX APPELLATE TRIBUNAL

PTL ENTERPRISES LTD. vs. THE DEPUTY COMMISSONER OF INCOME TX

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-2, ERNAKULAM ANNEXURE-C TRUE COPY OF APPELLATE ORDER DATED 6.9.2010 OF THE COMMISSIONER OF INCOME TAX (APPEALS) II, KOCHI ANNEXURE-D TRUE COPY OF APPEAL DATED 7.12.2010 FILED BY THE RESPONDENT BEFORE THE INCOME TAX APPELLATE TRIBUNAL, KOCHI BENCH ANNEXURE-E CERTIFIED COPY OF ORDER DATED 3.4.2012 OF THE INCOME TAX APPELLATE TRIBUNAL

PTL ENTERPRISES LTD. vs. THE DEPUTY COMMISSIONER OF INCOME-TAX

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-2, ERNAKULAM ANNEXURE-C TRUE COPY OF APPELLATE ORDER DATED 6.9.2010 OF THE COMMISSIONER OF INCOME TAX (APPEALS) II, KOCHI ANNEXURE-D TRUE COPY OF APPEAL DATED 7.12.2010 FILED BY THE RESPONDENT BEFORE THE INCOME TAX APPELLATE TRIBUNAL, KOCHI BENCH ANNEXURE-E CERTIFIED COPY OF ORDER DATED 3.4.2012 OF THE INCOME TAX APPELLATE TRIBUNAL

M/S.PTL ENTERPRISES LTD. (FORMERLY PREMIER TYRES LTD) vs. THE ASSISTNAT COMMISSIONER OF INCOME TAX, CIRCLE-2(1),RANGE-2, ERNAKULAM

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-2, ERNAKULAM ANNEXURE-C TRUE COPY OF APPELLATE ORDER DATED 6.9.2010 OF THE COMMISSIONER OF INCOME TAX (APPEALS) II, KOCHI ANNEXURE-D TRUE COPY OF APPEAL DATED 7.12.2010 FILED BY THE RESPONDENT BEFORE THE INCOME TAX APPELLATE TRIBUNAL, KOCHI BENCH ANNEXURE-E CERTIFIED COPY OF ORDER DATED 3.4.2012 OF THE INCOME TAX APPELLATE TRIBUNAL

PTL ENTERPRISES LTD. vs. THE DEPUTY COMMISSIONER OF INCOME TAX

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-2, ERNAKULAM ANNEXURE-C TRUE COPY OF APPELLATE ORDER DATED 6.9.2010 OF THE COMMISSIONER OF INCOME TAX (APPEALS) II, KOCHI ANNEXURE-D TRUE COPY OF APPEAL DATED 7.12.2010 FILED BY THE RESPONDENT BEFORE THE INCOME TAX APPELLATE TRIBUNAL, KOCHI BENCH ANNEXURE-E CERTIFIED COPY OF ORDER DATED 3.4.2012 OF THE INCOME TAX APPELLATE TRIBUNAL

THE COMMISSIONER OF INCOME TAX vs. PREMIER TYRES LTD.

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

additional investment by ATL. The operation of scheme envisages ATL lifting the total production made by the assessee. The approved scheme of BIFR aims at revival of a sick company and the revival is expected in a time span, however subject to other adjustments approved by BIFR. Therefore the premise i.e. there is no clause for revival of unit

THE COMMISSIONER OF INCOME TAX vs. PREMIER TYRES LTD.

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

additional investment by ATL. The operation of scheme envisages ATL lifting the total production made by the assessee. The approved scheme of BIFR aims at revival of a sick company and the revival is expected in a time span, however subject to other adjustments approved by BIFR. Therefore the premise i.e. there is no clause for revival of unit

THE COMMISSIONER OF INCOME TAX, vs. PTL ENTERPRISES LIMITED,

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

additional investment by ATL. The operation of scheme envisages ATL lifting the total production made by the assessee. The approved scheme of BIFR aims at revival of a sick company and the revival is expected in a time span, however subject to other adjustments approved by BIFR. Therefore the premise i.e. there is no clause for revival of unit

THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOCHI -I vs. M/S.APOLLO TYRES LTD

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE VIJU ABRAHAM

additional depreciation brought forward from immediately preceding assessment year has to be allowed in the subsequent assessment year and is nto the above finding against law and perverse? 2. Whether on the facts and in circumstances of the case is the Hon'ble ITAT is right in law in allowing the assessee's claim of weighted deduction under Section

M/S.ESCAPADE RESORTS PVT.LTD. vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

The appeal is allowed in part as indicated above

Bench: The Commissioner Of Income Tax (Appeals)-Ii (For Short, ‘Cit(Appeals)’) & Through Annexure-C Order Dated 02.12.2013, The Appeal Was Allowed In Part. The Assessee Carried The Matter In Appeal Before The Income Tax Appellate Tribunal (For Short, 'The Tribunal') & Through The Order Impugned In The Appeal

addition. But, in the instant case, the assessee has claimed as current repairs, the value of building on leasehold land capitalised on 01-04-2007. Actually, the expenditure had already been incurred before the previous year and it is in respect of an entirely new capital asset - ITA NO. 28 OF 2017 -4- building. In fact, the assessee has included