BHIMA JEWELLERS vs. COMMISSIONER OF INCOME TAX,

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

15 OF 2021 AGAINST THE ORDER IN ITA 208/2018 OF I.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/Appellant: M/S BHIMA JEWELLERS 6/785 A1, MYSORE ROAD, CHUNGUM JUNCTION, SULTHAN BATHERY, WAYANAD-673 592. BY ADV S.ARUN RAJ RESPONDENT/Respondent/Revenue: COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, MANANCHIRA, KOZHIKODE-673 001. BY ADV CHRISTOPHER ABRAHAM THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 25.08.2022, THE COURT

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. SMT.GRACY BABU,

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

15) Section 56 provides for the chargeability of income of every kind which has not to be excluded from the total income under the Act, only if it is not chargeable to income-tax under any of the heads specified in section 14, items A to E. Therefore, if the income is included under any one of the heads

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

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

15) Section 56 provides for the chargeability of income of every kind which has not to be excluded from the total income under the Act, only if it is not chargeable to income-tax under any of the heads specified in section 14, items A to E. Therefore, if the income is included under any one of the heads

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. REENA JOSE

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

15) Section 56 provides for the chargeability of income of every kind which has not to be excluded from the total income under the Act, only if it is not chargeable to income-tax under any of the heads specified in section 14, items A to E. Therefore, if the income is included under any one of the heads

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. JOSE THOMAS,

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

15) Section 56 provides for the chargeability of income of every kind which has not to be excluded from the total income under the Act, only if it is not chargeable to income-tax under any of the heads specified in section 14, items A to E. Therefore, if the income is included under any one of the heads

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. JOSE THOMAS

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

15) Section 56 provides for the chargeability of income of every kind which has not to be excluded from the total income under the Act, only if it is not chargeable to income-tax under any of the heads specified in section 14, items A to E. Therefore, if the income is included under any one of the heads

M/S. KINFRA EXPORT PROMOTION INDUSTRIAL PARKS LTD., vs. THE JOINT COMMISSIONER OF INCOME TAX (OSD)

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

Disallowance 1 2008-2009 Rs.48,04,760/- 2 2009-2010 Rs.12,65,118/- 4.2 The Assessing Officer, for the assessment year 2009-10 reduced the subsidy amounting to Rs.13,75,00,885/- received between 1996 and 2000 from the gross value of capital assets of the assessee amounting to Rs.15,44,93,432/-. Thus the Gross Value after reducing subsidy

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

M/S.SHALOM CHARITABLE MINISTRIES OF INDIA, vs. THE DEPUTY COMMISSIONER OF INCOME TAX,

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

disallowing 20% of the expenses supported by self-vouchers of the appellant? I.T.A.Nos.315 & 319 of 2019 -5- 5. Adv.Harisankar V.Menon made the arguments under two heads. Firstly, the amendment introduced by way of the proviso to Section 2(15

THE COMMISSIONER OF INCOME TAX, TRICHUR vs. M/S.DHANALAKSHMI BANK LTD.,TRICHUR

Appeal stands dismissed accordingly

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

disallowance of bad debts written off under section 36(1) (vii) amounting to Rs.22,78,703/-? ii) in allowing the bad written off under Section 36(1) (vii) amounting to Rs.22,78,703/- 2. Whether, on the facts and in the circumstances of the case and also in the light of the decision of the Supreme Court in United Commercial

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

2 Claim of preoperative expenditure disallowed in the assessment made u/s. 143(3) r.w.s. 144C dt. 18/02/2015 was directed to be deleted : 4,70,07,847 3 Disallowance of claim of additional weighted deduction u/s.35(2AB) restricted to : 94,98,220 4 Disallowance of claim of loss on sale of investment in shares as deduction

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

2 2009-2010 12/28/11 Appeal No.53/KTM/CIT( A)-IV/11-12 ITA No.113/Coch/ 2014 ITA No.20 of 2018 3 2010-2011 03/30/13 ITA- 18/KTM/CIT(A)- IV/13-14 ITA No.390/Coch/ 2014 ITA No.18 of 2018 4 2012-2013 02/23/15 ITA No.K- 56/KTM/CIT(A)/ KTM/2012-13 ITA No.223/Coch/ 2016 ITA No.21 of 2018 5 2008-2009 11/08/10 Appeal No.20/KTM/CI T(A)-IV/10-11 ITA No.112/Coch/ 2014 ITA No.22

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

2 2009-2010 12/28/11 Appeal No.53/KTM/CIT( A)-IV/11-12 ITA No.113/Coch/ 2014 ITA No.20 of 2018 3 2010-2011 03/30/13 ITA- 18/KTM/CIT(A)- IV/13-14 ITA No.390/Coch/ 2014 ITA No.18 of 2018 4 2012-2013 02/23/15 ITA No.K- 56/KTM/CIT(A)/ KTM/2012-13 ITA No.223/Coch/ 2016 ITA No.21 of 2018 5 2008-2009 11/08/10 Appeal No.20/KTM/CI T(A)-IV/10-11 ITA No.112/Coch/ 2014 ITA No.22

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

2 2009-2010 12/28/11 Appeal No.53/KTM/CIT( A)-IV/11-12 ITA No.113/Coch/ 2014 ITA No.20 of 2018 3 2010-2011 03/30/13 ITA- 18/KTM/CIT(A)- IV/13-14 ITA No.390/Coch/ 2014 ITA No.18 of 2018 4 2012-2013 02/23/15 ITA No.K- 56/KTM/CIT(A)/ KTM/2012-13 ITA No.223/Coch/ 2016 ITA No.21 of 2018 5 2008-2009 11/08/10 Appeal No.20/KTM/CI T(A)-IV/10-11 ITA No.112/Coch/ 2014 ITA No.22

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

2 2009-2010 12/28/11 Appeal No.53/KTM/CIT( A)-IV/11-12 ITA No.113/Coch/ 2014 ITA No.20 of 2018 3 2010-2011 03/30/13 ITA- 18/KTM/CIT(A)- IV/13-14 ITA No.390/Coch/ 2014 ITA No.18 of 2018 4 2012-2013 02/23/15 ITA No.K- 56/KTM/CIT(A)/ KTM/2012-13 ITA No.223/Coch/ 2016 ITA No.21 of 2018 5 2008-2009 11/08/10 Appeal No.20/KTM/CI T(A)-IV/10-11 ITA No.112/Coch/ 2014 ITA No.22

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

2 2009-2010 12/28/11 Appeal No.53/KTM/CIT( A)-IV/11-12 ITA No.113/Coch/ 2014 ITA No.20 of 2018 3 2010-2011 03/30/13 ITA- 18/KTM/CIT(A)- IV/13-14 ITA No.390/Coch/ 2014 ITA No.18 of 2018 4 2012-2013 02/23/15 ITA No.K- 56/KTM/CIT(A)/ KTM/2012-13 ITA No.223/Coch/ 2016 ITA No.21 of 2018 5 2008-2009 11/08/10 Appeal No.20/KTM/CI T(A)-IV/10-11 ITA No.112/Coch/ 2014 ITA No.22

M/S. APPOLLO TYRES LTD vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

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

2 (2009) 312 ITR 254 (SC) I.T.A. No. 249/2015 -20- recorded that the Woodward Governor India P. Ltd case deals with revenue loss and the situation in the case on hand deals with capital assets. The result of the brief discussion of the Assessing Officer is that: “unrealised foreign exchange gain of Rs.1,63,97,541/- is disallowed and added