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28 results for “disallowance”+ Section 32clear

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Key Topics

Deduction5Section 2634Section 36(1)(viia)4Section 115B3Section 80P3Section 36(1)3Section 403Section 9(1)(vii)3Depreciation3Disallowance

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

ITA/65/2018HC Kerala07 Apr 2022

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

Section 260A

32 r/w Section 43 of the Act. According to the binding precedent, the financial assistance so received by the assessee is not adjusted from the cost of any asset of the assessee. PJ Chemicals deals 1(1994 210 ITR 830) ITA Nos.62&65/2018 12 with general financial assistance and the same analogy is applicable to the circumstances of the case

BHIMA JEWELLERS vs. COMMISSIONER OF INCOME TAX,

ITA/15/2021HC Kerala25 Aug 2022

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

For Appellant: M/S BHIMA JEWELLERSFor Respondent: COMMISSIONER OF INCOME TAX

Showing 1–20 of 28 · Page 1 of 2

3
Set Off of Losses3
Section 372
Section 115
Section 115B
Section 263
Section 68
Section 69
Section 69A
Section 69B
Section 69C
Section 69D

disallowance is contrary to law in-so far as assessment year 2013-14 is concerned? ITA No.15 of 2021 -4- 4. The circumstances relevant for disposing of the appeal are in a limited sphere and are stated thus: On 30th of September 2013, the assessee filed the returns of the assessment year 2013-2014 declaring Rs.14,12,120/- as taxable

HOTEL ALLIED TRADES PVT. LTD vs. THE ADDITIONAL COMMISSIONER OF INCOME-TAX

In the result, we dismiss the IT Appeal by answering the

ITA/7/2023HC Kerala21 May 2024

Bench: Us, The Appellant Raises The Following Questions Of Law:

Section 32(1)

disallowed. The Ld. CIT(A) confirmed the same but directed the LD. AO to allow depreciation on capital component of expenditure. Aggrieved the assesee is in further appeal before us. 6.2. From the facts, it emerges that the assessee has incurred expenditure on existing building which is erected on leased land. This being so, Explanation-1 would apply since

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

Appeal stands dismissed accordingly

ITA/304/2009HC Kerala13 Jul 2021

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

For Appellant: M/S.DHANALAKSHMI BANK LTD.,TRICHURFor Respondent: THE COMMISSIONER OF INCOME TAX, TRICHUR
Section 260Section 36(1)Section 36(1)(viia)Section 36(2)

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

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

ITA/257/2014HC Kerala13 Oct 2020

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

Section 10ASection 10BSection 143(1)Section 195Section 40Section 9(1)(vii)

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

ITA/43/2019HC Kerala16 Mar 2021

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

Section 80PSection 80P(2)Section 80P(4)

disallowed by the assessing officer on the ground that the assessee is primarily engaged in the business of banking. Having regard to such a finding, it was recorded that by operation of Section 80P(4), the assessee is not entitled to deduction under Section 80P(2) of the Act. The assessee aggrieved by the said order filed appeal before

THE COMMISSIONER OF INCOME TAX-I, COCHIN vs. APPOLLO TYRES LTD.

ITA/172/2013HC Kerala29 Jul 2021

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

Section 36(1)(vii)Section 36(2)Section 37Section 37(1)Section 43BSection 80

disallowed the claim. As regards advances given for acquisition of Revenue items amounting to Rs.2,32,93,575/- the Assessing Officer held that the claim is not allowable under Section

THE COMMISSIONER OF INCOME TAX vs. PREMIER TYRES LTD.

ITA/1359/2009HC Kerala23 Jul 2021

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

For Appellant: THE COMMISSIONER OF INCOME TAX,COCHINFor Respondent: M/S.PREMIER TYRES LTD., KALAMASSERRY
Section 32(2)

disallowed the claim of assessee for set off of unabsorbed depreciation for the assessment years 1998-1999 and 2001-02. The assessee filed appeals against the order in Annexure A dated 31.1.2005 before the CIT (Appeals) and CIT (Appeals) through order in Annexure-B dated 16.8.2005 allowed the appeal of assessee and directed AO to allow carry forward

THE COMMISSIONER OF INCOME TAX,COCHIN. vs. M/S.PREMIER TYRES LTD., KALAMASSERRY

ITA/1358/2009HC Kerala23 Jul 2021

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

For Appellant: THE COMMISSIONER OF INCOME TAX,COCHINFor Respondent: M/S.PREMIER TYRES LTD., KALAMASSERRY
Section 32(2)

disallowed the claim of assessee for set off of unabsorbed depreciation for the assessment years 1998-1999 and 2001-02. The assessee filed appeals against the order in Annexure A dated 31.1.2005 before the CIT (Appeals) and CIT (Appeals) through order in Annexure-B dated 16.8.2005 allowed the appeal of assessee and directed AO to allow carry forward

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

ITA/200/2013HC Kerala22 Jul 2021

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

For Appellant: THE DEPUTY COMMISSIONER OF INCOME TAXFor Respondent: M/S.PTL ENTERPRISES LTD

section 154? (ii) Whether on the facts and in the circumstances of the case the Appellate Tribunal was right in law in sustaining the order of rectification passed by the Assessing Officer on 16.10.2008 when the CIT(A) had already recorded a fining that the appellant had continued its business during the year and no mistake was apparent from record

M/S PTL ENTERPRISES LTD., vs. THE DEPUTY COMMISSIONER OF INCOME-TAX,

ITA/92/2014HC Kerala22 Jul 2021

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

For Appellant: THE DEPUTY COMMISSIONER OF INCOME TAXFor Respondent: M/S.PTL ENTERPRISES LTD

section 154? (ii) Whether on the facts and in the circumstances of the case the Appellate Tribunal was right in law in sustaining the order of rectification passed by the Assessing Officer on 16.10.2008 when the CIT(A) had already recorded a fining that the appellant had continued its business during the year and no mistake was apparent from record

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

ITA/227/2013HC Kerala22 Jul 2021

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

For Appellant: THE DEPUTY COMMISSIONER OF INCOME TAXFor Respondent: M/S.PTL ENTERPRISES LTD

section 154? (ii) Whether on the facts and in the circumstances of the case the Appellate Tribunal was right in law in sustaining the order of rectification passed by the Assessing Officer on 16.10.2008 when the CIT(A) had already recorded a fining that the appellant had continued its business during the year and no mistake was apparent from record

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

ITA/206/2013HC Kerala22 Jul 2021

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

For Appellant: THE DEPUTY COMMISSIONER OF INCOME TAXFor Respondent: M/S.PTL ENTERPRISES LTD

section 154? (ii) Whether on the facts and in the circumstances of the case the Appellate Tribunal was right in law in sustaining the order of rectification passed by the Assessing Officer on 16.10.2008 when the CIT(A) had already recorded a fining that the appellant had continued its business during the year and no mistake was apparent from record

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

ITA/185/2013HC Kerala22 Jul 2021

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

For Appellant: THE DEPUTY COMMISSIONER OF INCOME TAXFor Respondent: M/S.PTL ENTERPRISES LTD

section 154? (ii) Whether on the facts and in the circumstances of the case the Appellate Tribunal was right in law in sustaining the order of rectification passed by the Assessing Officer on 16.10.2008 when the CIT(A) had already recorded a fining that the appellant had continued its business during the year and no mistake was apparent from record

M/S.PTL ENTERPRISES LTD. (FORMERLY PREMIER TYRES LTD) vs. THE ASSISTNAT COMMISSIONER OF INCOME TAX, CIRCLE-2(1),RANGE-2, ERNAKULAM

ITA/207/2013HC Kerala22 Jul 2021

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

For Appellant: THE DEPUTY COMMISSIONER OF INCOME TAXFor Respondent: M/S.PTL ENTERPRISES LTD

section 154? (ii) Whether on the facts and in the circumstances of the case the Appellate Tribunal was right in law in sustaining the order of rectification passed by the Assessing Officer on 16.10.2008 when the CIT(A) had already recorded a fining that the appellant had continued its business during the year and no mistake was apparent from record

K.A.RAUF vs. COMMISSIONER OF INCOMETAX

ITA/54/2018HC Kerala10 Mar 2022

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

Section 153A for the slab years had taken up a few disallowances and further added to the assessee’s income. Disallowances or additions present in more than one assessment year and the same circumstances, consideration, and conclusion are stated in the orders under appeal. 5. The learned advocates appearing for the assessee and the Revenue stated that the issues between

K.A.RAUG vs. COMMISSIONER OF INCOME TAX

ITA/63/2018HC Kerala10 Mar 2022

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

Section 153A for the slab years had taken up a few disallowances and further added to the assessee’s income. Disallowances or additions present in more than one assessment year and the same circumstances, consideration, and conclusion are stated in the orders under appeal. 5. The learned advocates appearing for the assessee and the Revenue stated that the issues between

K.A.RAUF vs. COMMISSIONER OF INCOME TAX

ITA/56/2018HC Kerala10 Mar 2022

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

Section 153A for the slab years had taken up a few disallowances and further added to the assessee’s income. Disallowances or additions present in more than one assessment year and the same circumstances, consideration, and conclusion are stated in the orders under appeal. 5. The learned advocates appearing for the assessee and the Revenue stated that the issues between

K.A.RAUF vs. COMMISSIONER OF INCOME TAX

ITA/60/2018HC Kerala10 Mar 2022

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

Section 153A for the slab years had taken up a few disallowances and further added to the assessee’s income. Disallowances or additions present in more than one assessment year and the same circumstances, consideration, and conclusion are stated in the orders under appeal. 5. The learned advocates appearing for the assessee and the Revenue stated that the issues between

K.A.RAUF, vs. COMMISSIONER OF INCOMETAX,

ITA/58/2018HC Kerala10 Mar 2022

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

Section 153A for the slab years had taken up a few disallowances and further added to the assessee’s income. Disallowances or additions present in more than one assessment year and the same circumstances, consideration, and conclusion are stated in the orders under appeal. 5. The learned advocates appearing for the assessee and the Revenue stated that the issues between