THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. USHA MURUGAN

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

disallowance made u/s 40(a)(ia) for non-deduction of tax at source u/s.194H/194G of the Income Tax Act from the payment of commission to sub- agents? 3. Should not the Tribunal have considered the issues raised (declined to be considered in paragraph 12 of the order on merits?” 6. The learned Counsel appearing for the parties have, in great

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S.SAHYADRI CO-OPERATIVE CREDIT SOCIETY LTD.

The appeal is disposed of as indicated above

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

13. The assessee claimed a deduction under Section 80P of the Income Tax Act, 1961 (for short, ‘the Act’) of Rs. 1,42,23,305/- and ITA Nos.68/2017, 196/2019, 63/2019, 1/2018, 219/2019 -8- return of income at Rs.1,62,080/-. 5. The Assessing Officer first disallowed the deduction claimed under Section 80P of the Act. Further, the Assessing Officer concludes

THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOTTAYAM vs. M/S.SAHYADRI CO-OPERATIVE CREDIT SOCEITY LIMITED

The appeal is disposed of as indicated above

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

13. The assessee claimed a deduction under Section 80P of the Income Tax Act, 1961 (for short, ‘the Act’) of Rs. 1,42,23,305/- and ITA Nos.68/2017, 196/2019, 63/2019, 1/2018, 219/2019 -8- return of income at Rs.1,62,080/-. 5. The Assessing Officer first disallowed the deduction claimed under Section 80P of the Act. Further, the Assessing Officer concludes

M/S. JOYALUKKAS INDIA LTD, vs. THE ASSISTANT COMMISSIONER OF INCOME TAX,

In the result, the appeal fails and the substantial questions

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

13), an appeal was filed before the Tribunal. The issue that came up for consideration before the Tribunal was regarding the disallowance of an amount of Rs.92,28,405/- under proviso to Section 36(1)(iii) of the Act. The second appeal raises the said question. 4. The following substantial questions of law arise for consideration: i. In the facts

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

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

13 :: 'C.R.' J U D G M E N T Dr. A.K. Jayasankaran Nambiar, J. As all these appeals filed by the Revenue arise out of a common order dated 30.09.2019 of the Income Tax Appellate Tribunal [hereinafter referred to as the 'Tribunal'], Cochin Bench, they are taken up for consideration together and disposed by this common judgment

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. JOSE THOMAS,

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

13 :: 'C.R.' J U D G M E N T Dr. A.K. Jayasankaran Nambiar, J. As all these appeals filed by the Revenue arise out of a common order dated 30.09.2019 of the Income Tax Appellate Tribunal [hereinafter referred to as the 'Tribunal'], Cochin Bench, they are taken up for consideration together and disposed by this common judgment

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. REENA JOSE

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

13 :: 'C.R.' J U D G M E N T Dr. A.K. Jayasankaran Nambiar, J. As all these appeals filed by the Revenue arise out of a common order dated 30.09.2019 of the Income Tax Appellate Tribunal [hereinafter referred to as the 'Tribunal'], Cochin Bench, they are taken up for consideration together and disposed by this common judgment

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. JOSE THOMAS

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

13 :: 'C.R.' J U D G M E N T Dr. A.K. Jayasankaran Nambiar, J. As all these appeals filed by the Revenue arise out of a common order dated 30.09.2019 of the Income Tax Appellate Tribunal [hereinafter referred to as the 'Tribunal'], Cochin Bench, they are taken up for consideration together and disposed by this common judgment

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.

13 :: 'C.R.' J U D G M E N T Dr. A.K. Jayasankaran Nambiar, J. As all these appeals filed by the Revenue arise out of a common order dated 30.09.2019 of the Income Tax Appellate Tribunal [hereinafter referred to as the 'Tribunal'], Cochin Bench, they are taken up for consideration together and disposed by this common judgment

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

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

9:- S. 37 General; (1) Any expenditure (not being expenditure of the nature described in sections 30 to 36 and not being in the nature of capital expenditure or personal expenses of the assessee), laid out or expended wholly and exclusively for the purposes of the business or profession shall be allowed in computing the income chargeable under the head

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

9 the main ground on which the challenge to order of Tribunal is laid by the assessee. The main ground of assessee in the subject appeals is that the assessee has paid tax under Act 1991 on the whole of its income. The tax paid under 1991 Act is paid as a permissible deduction under Section

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

9 the main ground on which the challenge to order of Tribunal is laid by the assessee. The main ground of assessee in the subject appeals is that the assessee has paid tax under Act 1991 on the whole of its income. The tax paid under 1991 Act is paid as a permissible deduction under Section

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

9 the main ground on which the challenge to order of Tribunal is laid by the assessee. The main ground of assessee in the subject appeals is that the assessee has paid tax under Act 1991 on the whole of its income. The tax paid under 1991 Act is paid as a permissible deduction under Section

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

9 the main ground on which the challenge to order of Tribunal is laid by the assessee. The main ground of assessee in the subject appeals is that the assessee has paid tax under Act 1991 on the whole of its income. The tax paid under 1991 Act is paid as a permissible deduction under Section

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

9 the main ground on which the challenge to order of Tribunal is laid by the assessee. The main ground of assessee in the subject appeals is that the assessee has paid tax under Act 1991 on the whole of its income. The tax paid under 1991 Act is paid as a permissible deduction under Section

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

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

9. Substantial question no.3 relates to disallowance of part depreciation claimed by the assessee of Gurgaon building aggregating to Rs.25,27,505/- in relation to the let out portion to Appolo International Ltd. The assessee challenges the following finding recorded by the Tribunal. “13. We notice that the AO had made similar disallowance in respect of claim of bonus payment

THE COMMISSIONER OF INCOME-TAX(EXEMPTIONS) vs. M/S CHOICE FOUNDATION

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

13(8) of the Income Tax Act, the Assessing Officer had held that nothing contained in section 11 or section 12 shall operate so as to exclude any income from the total income of the assessee for the assessment year 2010-11. Accordingly, I am of the opinion that the income assessed for the assessment year 2010-11 is short

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

9 (2013) 33 taxmann.com 575 (Cochin-Trib.) ITA No.44/2017 -23- clarify that both the above judgments allow deduction under section 37 of the 1961 Act and not under section 36(1)(iii) of the 1961 Act. In this case, the Tribunal has allowed the claim under section 37 and not only section 36(1)(iii), hence there is no infirmity