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

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

THE PRINCIPAL COMMISSIONER OF INCOME TAX, vs. THE PONKUNNAM SERVICE CO-OPERATIVE BANK LTD

Appeals are allowed and remanded back

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

14 and 2012-13 respectively. I.T.A. No.43 & 114/2019 -4- 3. The assessee/respondent claims to be a Primary Agricultural Credit Society registered under the Kerala Co- operative Societies Act, 1969 and providing financial assistance/credit facility to its members for both agricultural or allied activities. The assessee claimed deduction under Section 80P(2) of Income Tax Act, 1961 (for short

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.

14 :: 8 I.T.A.No.56/2020 Sri.Jose Thomas 2011-12 I.T.A.No.213/2019 9 I.T.A.No.68/2020 Sri.Jose Thomas 2011-12 I.T.A.No.238/2019 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

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. JOSE THOMAS

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

14 :: 8 I.T.A.No.56/2020 Sri.Jose Thomas 2011-12 I.T.A.No.213/2019 9 I.T.A.No.68/2020 Sri.Jose Thomas 2011-12 I.T.A.No.238/2019 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

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. JOSE THOMAS,

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

14 :: 8 I.T.A.No.56/2020 Sri.Jose Thomas 2011-12 I.T.A.No.213/2019 9 I.T.A.No.68/2020 Sri.Jose Thomas 2011-12 I.T.A.No.238/2019 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

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. REENA JOSE

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

14 :: 8 I.T.A.No.56/2020 Sri.Jose Thomas 2011-12 I.T.A.No.213/2019 9 I.T.A.No.68/2020 Sri.Jose Thomas 2011-12 I.T.A.No.238/2019 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

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

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

14 :: 8 I.T.A.No.56/2020 Sri.Jose Thomas 2011-12 I.T.A.No.213/2019 9 I.T.A.No.68/2020 Sri.Jose Thomas 2011-12 I.T.A.No.238/2019 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

M/S. NILESHWAR RANGEKALLU CHETHU VYAVASAYA THOZHILALI SAHAKARANA SANGHAM vs. THE COMMISSIONER OF INCOME TAX

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

disallowed on the ground that the claim for deduction had not been made in a valid return filed by the appellant in terms of the IT Act. It was the stand of the Assessing Officer that in view of the provisions of Section 80A(5) of the IT Act, the claim for deduction could not be considered

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

iii), hence there is no infirmity therein. As regards question No. (2) it may be stated that the assessee established a phosphoric acid project as an extension to its present business activities and for that purpose obtained a foreign currency loan from IDBI which in turn was refinanced by COFACE subject to the assessee paying finance charges to COFACE which

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

2. Whether on the facts and in the circumstances of the case, the Tribunal is justified in law in disallowing the setting off of long term capital loss on sale of shares and units of mutual funds against long term capital gain on sale of land? 3. Substantial question no.1 relates to disallowance of the deduction of Rs.2

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

14 OF 2018 AGAINST THE ORDER IN ITA 111/Coch/2014 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/Respondent: M/S. OIL PALM INDIA LTD. XIV/130, KODIMATHA, KOTTAYAM SOUTH, KOTTAYAM -686013. 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 - 686001. *2 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY

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

14 OF 2018 AGAINST THE ORDER IN ITA 111/Coch/2014 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/Respondent: M/S. OIL PALM INDIA LTD. XIV/130, KODIMATHA, KOTTAYAM SOUTH, KOTTAYAM -686013. 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 - 686001. *2 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY

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

14 OF 2018 AGAINST THE ORDER IN ITA 111/Coch/2014 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/Respondent: M/S. OIL PALM INDIA LTD. XIV/130, KODIMATHA, KOTTAYAM SOUTH, KOTTAYAM -686013. 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 - 686001. *2 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY

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

14 OF 2018 AGAINST THE ORDER IN ITA 111/Coch/2014 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/Respondent: M/S. OIL PALM INDIA LTD. XIV/130, KODIMATHA, KOTTAYAM SOUTH, KOTTAYAM -686013. 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 - 686001. *2 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY

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

14 OF 2018 AGAINST THE ORDER IN ITA 111/Coch/2014 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/Respondent: M/S. OIL PALM INDIA LTD. XIV/130, KODIMATHA, KOTTAYAM SOUTH, KOTTAYAM -686013. 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 - 686001. *2 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY

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

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

2. Though this appeal was admitted on six questions of law, three main issues arise for consideration, and hence we re-framed the questions of law into three, and they are as follows: (i) Whether the lease rent received by the assessee for the year 2004-05 from M/s. Apollo Tyres Limited is to be treated as business income

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

2. Though this appeal was admitted on six questions of law, three main issues arise for consideration, and hence we re-framed the questions of law into three, and they are as follows: (i) Whether the lease rent received by the assessee for the year 2004-05 from M/s. Apollo Tyres Limited is to be treated as business income