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

1) the return was processed and the payments made to Mr.Balaji Bal, a resident of Switzerland, who also was a Director of the Company, was 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

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

1 Disallowance of 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 : 26,97,79,538 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

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

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 PRINCIPAL COMMISSIONER OF INCOME TAX, KOCHI 2 vs. ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD

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

Section 36(1)(viia) of the Act. The Assessing Officer disallowed the claim on the ground that the assessee is not a scheduled bank. The Commissioner of Income Tax (CIT) also denied the claim of allowance of 7.5% made by the assessee. The Tribunal referred to the judgment of this Court in ITA No.63 of 2017 4

THECOMMISSIONER OF INCOME TAX,TRICHUR vs. CATHOLIC SYRIAN BANK LTD.,TRICHUR

Appeal stands dismissed

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

disallowed? 2. Whether, on the facts and in the circumstances of the case, the claim of bad debts and bad and doubtful debts is an allowable deduction? 3. Whether, on the facts and in the circumstances of the case, the claim of depreciation on government securities is an allowable deduction?” I.T.A. No.1439/2009 -4- 3. The first and the second questions

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 COMMISSIONER OF INCOME TAX,TRICHUR vs. THE SOUTH INDIAN BANK LTD.,TRICHUR.

Appeal stands dismissed

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

Section 260A of the Income Tax Act (for short 'the Act'). The following substantial questions of law are raised by the revenue: “1. Whether, on the facts and in the circumstances of the case and in the light of the decision in British Paints (188 ITR 44) should not the Tribunal have sustained the disallowance of depreciation made

BHIMA JEWELLERS vs. COMMISSIONER OF INCOME TAX,

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

1. Whether the Tribunal is correct in law and in the facts of the case in confirming the order of ITA No.15 of 2021 -3- the Principal Commissioner of Income Tax passed under Section 263 of the Income Tax Act? 2. Whether the Tribunal is correct in law and in the facts of the case in not considering the aspect

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

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

Appeal stands dismissed accordingly

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

Section 36(1)(vii) cannot be the claim of the assessee for bad debts u/s. 36(1) (vii), and the claim in the credit balance in the provision for bad and doubtful debts u/s 36(1)(viia) be disallowed” 3.Whether, on the facts and in the circumstances of the case, the claim of bad debts and bad and doubtful debts

P.K.ABDUL KHADER & BROTHERS vs. THE COMMISSIONER OF INCOME TAX

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

disallowing the Dealer’s claim or special rebate of purchase tax paid under Section 6(2) of the KVAT Act on the closing stock held by the Dealer on 31.03.2014. As noted earlier, with effect from 01.04.2014, the Dealer opted for payment of compounded rate of tax. All three authorities have held that the proposal to reverse the special rebate

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. DHANALAXMI BANK LTD

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

disallowing an amount of Rs.1,80,04,849/- under Section 14A of the Income Tax Act, the said order was set aside by the Principal Commissioner of Income Tax, Thrissur, by an order dated 18.12.2018 finding the assessment order as erroneous and prejudicial to the interests of the revenue. In the order of the Principal Commissioner, it was noticed that

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.

4. The assessee is a multi-state Co-operative Society registered under Section 7 of the Mult-State Co-operative Societies Act, 2002 (for short, ‘MSCS Act’). The assessee extended its operation to the States of Kerala and Tamil Nadu. The assessee, on 20.09.2012, filed the return of income for the assessment year 2012- 13. The assessee claimed a deduction

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.

4. The assessee is a multi-state Co-operative Society registered under Section 7 of the Mult-State Co-operative Societies Act, 2002 (for short, ‘MSCS Act’). The assessee extended its operation to the States of Kerala and Tamil Nadu. The assessee, on 20.09.2012, filed the return of income for the assessment year 2012- 13. The assessee claimed a 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

4 and 4.1) we hold that the agricultural income being exempt from taxation under the Central Income-tax, the agricultural income tax paid by the assessee cannot be allowed as a deduction under the Central Income Tax. Therefore, the order of the CIT(A) on this issue is reversed. It is ordered accordingly." Hence the appeals are filed by raising

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

4 and 4.1) we hold that the agricultural income being exempt from taxation under the Central Income-tax, the agricultural income tax paid by the assessee cannot be allowed as a deduction under the Central Income Tax. Therefore, the order of the CIT(A) on this issue is reversed. It is ordered accordingly." Hence the appeals are filed by raising

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

4 and 4.1) we hold that the agricultural income being exempt from taxation under the Central Income-tax, the agricultural income tax paid by the assessee cannot be allowed as a deduction under the Central Income Tax. Therefore, the order of the CIT(A) on this issue is reversed. It is ordered accordingly." Hence the appeals are filed by raising

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

4 and 4.1) we hold that the agricultural income being exempt from taxation under the Central Income-tax, the agricultural income tax paid by the assessee cannot be allowed as a deduction under the Central Income Tax. Therefore, the order of the CIT(A) on this issue is reversed. It is ordered accordingly." Hence the appeals are filed by raising