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

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

disallowed the set-off claimed by the assessee I.T.A. No.216/2013 -6- under Sec 70 (3) of the Act. 4.2 The reasoning of the Assessing Officer is that whatever income is exempt under different clauses of Section 10, such income shall be removed from the purview of income before computation of the total income of an assessee. Hence, an income that

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. JOSE THOMAS,

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

section 194C of the Income Tax Act, towards the cost of the said constructions as per clause above which will be accounted by the first party in the books of accounts of the Trust. 4. The 2nd party i.e. parties 1 to 3 and 8 confirm that they have not further claim from the amount of Rs.3.75 crores

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. REENA JOSE

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

section 194C of the Income Tax Act, towards the cost of the said constructions as per clause above which will be accounted by the first party in the books of accounts of the Trust. 4. The 2nd party i.e. parties 1 to 3 and 8 confirm that they have not further claim from the amount of Rs.3.75 crores

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. JOSE THOMAS

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

section 194C of the Income Tax Act, towards the cost of the said constructions as per clause above which will be accounted by the first party in the books of accounts of the Trust. 4. The 2nd party i.e. parties 1 to 3 and 8 confirm that they have not further claim from the amount of Rs.3.75 crores

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

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

section 194C of the Income Tax Act, towards the cost of the said constructions as per clause above which will be accounted by the first party in the books of accounts of the Trust. 4. The 2nd party i.e. parties 1 to 3 and 8 confirm that they have not further claim from the amount of Rs.3.75 crores

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.

section 194C of the Income Tax Act, towards the cost of the said constructions as per clause above which will be accounted by the first party in the books of accounts of the Trust. 4. The 2nd party i.e. parties 1 to 3 and 8 confirm that they have not further claim from the amount of Rs.3.75 crores

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

3. Whether the Hon'ble ITAT, in the facts and circumstances of the case, is legally right in deleting waited deduction of Rs.94,98,220/- under S.35(2AB) claimed by the assessee in respect of expenditure claimed on R & D expenses met outside India? ITA No.44/2017 -25- 3.1 Whether the Hon'ble ITAT, in the facts and circumstances

ALL KOSHYS ALL SPICES vs. COMMISSIONER OF INCOME TAX

Appeal is allowed as above

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

14,139/- paid to M/s.Seven Ocean Shipping Company as shipping charges. The reason for disallowance was stated to be non-deduction of TDS under section 194(c) of the Act and hence the said amount was disallowed under section 40(a)(1a) of the Act. 2. The assessing officer held that the payment made to M/s.Seven Ocean Shipping Company

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.

disallowed the deduction claimed under Section 80P of the Act. Further, the Assessing Officer concludes that the assessee earned income from interest on deposits from members and deposits made in scheduled Banks from trading commodities and interest from call money depositors. In view of the view taken by the Assessing Officer, the said income has been treated as income from

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.

disallowed the deduction claimed under Section 80P of the Act. Further, the Assessing Officer concludes that the assessee earned income from interest on deposits from members and deposits made in scheduled Banks from trading commodities and interest from call money depositors. In view of the view taken by the Assessing Officer, the said income has been treated as income from

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

3. The appeals raise a question of entitlement by way of deduction of Income Tax paid under the Kerala Agricultural Income Tax Act, 1991 (for short 'Act 1991') and under Section 43B of the Central Act. 4. The assessee is a company with the share holding held by the Governments of India and Kerala. The appellant undertakes Oil Palm cultivation

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

3. The appeals raise a question of entitlement by way of deduction of Income Tax paid under the Kerala Agricultural Income Tax Act, 1991 (for short 'Act 1991') and under Section 43B of the Central Act. 4. The assessee is a company with the share holding held by the Governments of India and Kerala. The appellant undertakes Oil Palm cultivation

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

3. The appeals raise a question of entitlement by way of deduction of Income Tax paid under the Kerala Agricultural Income Tax Act, 1991 (for short 'Act 1991') and under Section 43B of the Central Act. 4. The assessee is a company with the share holding held by the Governments of India and Kerala. The appellant undertakes Oil Palm cultivation

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

3. The appeals raise a question of entitlement by way of deduction of Income Tax paid under the Kerala Agricultural Income Tax Act, 1991 (for short 'Act 1991') and under Section 43B of the Central Act. 4. The assessee is a company with the share holding held by the Governments of India and Kerala. The appellant undertakes Oil Palm cultivation

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

3. The appeals raise a question of entitlement by way of deduction of Income Tax paid under the Kerala Agricultural Income Tax Act, 1991 (for short 'Act 1991') and under Section 43B of the Central Act. 4. The assessee is a company with the share holding held by the Governments of India and Kerala. The appellant undertakes Oil Palm cultivation

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

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

M/S. KERALA STATE CO-OP.AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. vs. COMMISSIONER OF INCOME TAX

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

14 DT.30.01.2015 ITA NO.101/COCH/2015 DTD 03.11.2016 30/2017 2 2011-12; dtd.30.12.2013 ITA NO.115/TVM/CIT(A), TVM/2013-14 DT.28.11.2014 ITA NO.236/COCH/2015 DTD 03.11.2019 31/2017 3. ITA No.2/2017 and ITA No.30/2017 are treated as representative appeals for disposing of the four appeals. The questions of law raised in these appeals are excerpted ITA Nos.2, 6, 30 & 31/2017 -7- hereunder: ITA No.2/2017 a. Whether

THE COMMISSIONER OF INCOME TAX vs. PREMIER TYRES LTD.

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

14 assessee made over the plant operation to ATL for manufacturing tyres. Thus the plant and machinery etc. were given in lease by assessee to ATL for the eight years stipulated in scheme. In the instant batch of appeals, this Court is considering the circumstances, clauses between the assessee and ATL, consequences/conclusion thereof for a period of eight years ending