M/S. OIL PALM INDIA LTD. vs. THE DEPUTY COMMISSIONER OF INCOME TAX

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

20 OF 2018 AGAINST THE ORDER/JUDGMENT IN ITA 113/Coch/2014 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/Respondent: M/S. OIL PALM INDIA LTD. XIV/130, KODIMATHA, KOTTAYAM SOUTH, KOTTAYAM 686 013. BY ADVS. SRI.ANIL D. NAIR SRI.ACHYUT K PADMARAJ SRI.P.JINISH PAUL KUM.MEKHALA M.BENNY SMT.MARY JOSSY SRI.R.SREEJITH RESPONDENT/Appellant: 1 THE DEPUTY COMMISSIONER OF INCOME TAX KOTTAYAM 686 001. 2 STATE OF KERALA REPRESENTED

M/S OIL PALM INDIA LTD vs. THE DEPUTY COMMISSIONER OF INCOME TAX

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

20 OF 2018 AGAINST THE ORDER/JUDGMENT IN ITA 113/Coch/2014 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/Respondent: M/S. OIL PALM INDIA LTD. XIV/130, KODIMATHA, KOTTAYAM SOUTH, KOTTAYAM 686 013. BY ADVS. SRI.ANIL D. NAIR SRI.ACHYUT K PADMARAJ SRI.P.JINISH PAUL KUM.MEKHALA M.BENNY SMT.MARY JOSSY SRI.R.SREEJITH RESPONDENT/Appellant: 1 THE DEPUTY COMMISSIONER OF INCOME TAX KOTTAYAM 686 001. 2 STATE OF KERALA REPRESENTED

M/S. OIL PALM INDIA LTD. vs. THE DEPUTY COMMISSIONER OF INCOME TAX

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

20 OF 2018 AGAINST THE ORDER/JUDGMENT IN ITA 113/Coch/2014 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/Respondent: M/S. OIL PALM INDIA LTD. XIV/130, KODIMATHA, KOTTAYAM SOUTH, KOTTAYAM 686 013. BY ADVS. SRI.ANIL D. NAIR SRI.ACHYUT K PADMARAJ SRI.P.JINISH PAUL KUM.MEKHALA M.BENNY SMT.MARY JOSSY SRI.R.SREEJITH RESPONDENT/Appellant: 1 THE DEPUTY COMMISSIONER OF INCOME TAX KOTTAYAM 686 001. 2 STATE OF KERALA REPRESENTED

M/S. OIL PALM INDIA LTD. vs. THE DEPUTY COMMISSIONER OF INCOME TAX

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

20 OF 2018 AGAINST THE ORDER/JUDGMENT IN ITA 113/Coch/2014 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/Respondent: M/S. OIL PALM INDIA LTD. XIV/130, KODIMATHA, KOTTAYAM SOUTH, KOTTAYAM 686 013. BY ADVS. SRI.ANIL D. NAIR SRI.ACHYUT K PADMARAJ SRI.P.JINISH PAUL KUM.MEKHALA M.BENNY SMT.MARY JOSSY SRI.R.SREEJITH RESPONDENT/Appellant: 1 THE DEPUTY COMMISSIONER OF INCOME TAX KOTTAYAM 686 001. 2 STATE OF KERALA REPRESENTED

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. JOSE THOMAS

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

10 I.T.A.No.6/2021 M/s.Carmel Educational Trust 2010-11 I.T.A.No.310/2019 2. The brief facts necessary for disposal of these appeals are as follows: The Carmel Educational Trust, Adoor was constituted by a registered trust deed dated 14.08.2001. It is engaged in running educational institutions imparting education in the subjects of Engineering and Management. The 12 trustees of the Trust belong

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. JOSE THOMAS,

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

10 I.T.A.No.6/2021 M/s.Carmel Educational Trust 2010-11 I.T.A.No.310/2019 2. The brief facts necessary for disposal of these appeals are as follows: The Carmel Educational Trust, Adoor was constituted by a registered trust deed dated 14.08.2001. It is engaged in running educational institutions imparting education in the subjects of Engineering and Management. The 12 trustees of the Trust belong

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.

10 I.T.A.No.6/2021 M/s.Carmel Educational Trust 2010-11 I.T.A.No.310/2019 2. The brief facts necessary for disposal of these appeals are as follows: The Carmel Educational Trust, Adoor was constituted by a registered trust deed dated 14.08.2001. It is engaged in running educational institutions imparting education in the subjects of Engineering and Management. The 12 trustees of the Trust belong

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. REENA JOSE

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

10 I.T.A.No.6/2021 M/s.Carmel Educational Trust 2010-11 I.T.A.No.310/2019 2. The brief facts necessary for disposal of these appeals are as follows: The Carmel Educational Trust, Adoor was constituted by a registered trust deed dated 14.08.2001. It is engaged in running educational institutions imparting education in the subjects of Engineering and Management. The 12 trustees of the Trust belong

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

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

10 I.T.A.No.6/2021 M/s.Carmel Educational Trust 2010-11 I.T.A.No.310/2019 2. The brief facts necessary for disposal of these appeals are as follows: The Carmel Educational Trust, Adoor was constituted by a registered trust deed dated 14.08.2001. It is engaged in running educational institutions imparting education in the subjects of Engineering and Management. The 12 trustees of the Trust belong

TRAVANCORE SUGARS AND CHEMICALS LTD. vs. COMMISSIONER OF INCOME TAX

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

disallowed the claim of the assessee to treat the rental income as income from the business. The said view of the Assessing Officer has been confirmed by the Commissioner of Income Tax (Appeals) in Annexure-B order dated 14.03.2006, and by the Income Tax Appellate Tribunal (for short 'the Tribunal'), vide order dated 24.08.2007. 3.1 The assessee placed strong reliance

TRAVANCORE SUGARS AND CHEMICALS LTD vs. DEPUTY COMMSSR;INCOME TAX,C-I,THIRUVALLA

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

disallowed the claim of the assessee to treat the rental income as income from the business. The said view of the Assessing Officer has been confirmed by the Commissioner of Income Tax (Appeals) in Annexure-B order dated 14.03.2006, and by the Income Tax Appellate Tribunal (for short 'the Tribunal'), vide order dated 24.08.2007. 3.1 The assessee placed strong reliance

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S. APOLLO TYRES LTD

Appeal is allowed in part as indicated

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

10,765 ITA No.44/2017 -5- 7 Disallowance of claim of prepaid expenses as deduction : 5,15,34,726 2.2 We have heard learned Counsel Mr Christopher Abraham and Senior Advocate Mr Joseph Markos for the parties. 3. Substantial Question Nos.1, 1.1, 1.2: “1 Whether the Hon'ble Tribunal, in the facts and circumstances of the case as well

M/S. DEVICE DRIVEN (INDIA) PVT. LTD. vs. THE COMMISSIONER OF INCOME TAX

Bench: HONOURABLE MR.JUSTICE K.VINOD CHANDRAN,HONOURABLE MR. JUSTICE T.R.RAVI

disallowed under Section 40(a)(i) of the Act. The dis-allowance under Section 40(a)(i) was on the ground that the commission paid was fees for technical services on which tax is deductible at source, which the assessee failed to deduct. The amount shown as commission paid to the non-resident was added to I.T.A.No

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

10. However, it is seen from the records produced for our consideration that, instead of reviving the business, assessee continued the rental arrangement with ATL. Fresh lease deeds were executed for different periods of one year each, for all the assessment years involved in these appeals. The assessee never approached the BIFR to continue the arrangement nor sought sanction/approval

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

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

10. However, it is seen from the records produced for our consideration that, instead of reviving the business, assessee continued the rental arrangement with ATL. Fresh lease deeds were executed for different periods of one year each, for all the assessment years involved in these appeals. The assessee never approached the BIFR to continue the arrangement nor sought sanction/approval

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

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

10. However, it is seen from the records produced for our consideration that, instead of reviving the business, assessee continued the rental arrangement with ATL. Fresh lease deeds were executed for different periods of one year each, for all the assessment years involved in these appeals. The assessee never approached the BIFR to continue the arrangement nor sought sanction/approval

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

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

10. However, it is seen from the records produced for our consideration that, instead of reviving the business, assessee continued the rental arrangement with ATL. Fresh lease deeds were executed for different periods of one year each, for all the assessment years involved in these appeals. The assessee never approached the BIFR to continue the arrangement nor sought sanction/approval

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

10. However, it is seen from the records produced for our consideration that, instead of reviving the business, assessee continued the rental arrangement with ATL. Fresh lease deeds were executed for different periods of one year each, for all the assessment years involved in these appeals. The assessee never approached the BIFR to continue the arrangement nor sought sanction/approval