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

disallowance under Section 40A(9) of the Act, leading to additions in the "profits of business" is susceptible to taxation independently, if the Appellant would be entitled to a complete deduction of income from "Profit of business" available to a cooperative society under Section 80P of the Act? ITA Nos.2, 6

M/S.INDIA COFFEE BOARD WORKERS CO-OPERATIVE SOCIETY vs. THE COMMISSIONER OF INCOME TAX

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

disallowed and assessed under Section 40(a)(ia) r.w.s.194J; (b) Interest incomes received from the assessee's members totalling Rs.16,93,3334/- was omitted to be taxed”. 2. Appellant had filed a return of income for the year in question declaring a loss of Rs.2,97,446/-. The assessment was completed by the assessing officer demanding a total income

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

Disallowance of claim of unrealized foreign exchange fluctuation gain for adjustment against cost of assets as per section 43A on actual payment restricted to : 4,72,34,591 6

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

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

section 260A of the Act. 6. We heard Senior Advocate Joseph Markose instructed by Adv. Sharad Joseph Kodianthara, on behalf of the I.T.A. No.272/13 -:6:- assessee and the Adv. Jose Joseph, learned Standing Counsel for the Department. 7. Appellant had entered into the foreign exchange forward contract with Citi Bank in January 2006. The purpose for which the loan

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

section 194I are attracted? Is not such a finding illegal, erroneous and perverse? 4. We have heard Sri.Arun Raj S., learned counsel for the appellant and Sri.Navneeth N.Nath, the learned Standing Counsel for the department. 5. It is trite law that an assessment has to be decided on a year-to-year basis and the findings in respect

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 has to be set aside. Therefore, the Tribunal went wrong in dismissing the appeal. 6. The learned counsel for the revenue Sri.Navneeth N.Nath submits that the decision of the Full Bench as well as that of the appellant himself cannot be applied in full vigour to the facts of this case, as the Full Bench has held that

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. OIL PALM INDIA LTD. vs. THE DEPUTY COMMISSIONER OF INCOME TAX

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

6. The Assessing Officer rejected deduction claimed by the assessee on the ground that the assessee has paid tax under Act 1991 on the whole of its income, whereas a part of income alone is amenable to Agricultural Income Tax Act. The agricultural income is excluded from the purview of Central Act and therefore is not part of computation

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

6. The Assessing Officer rejected deduction claimed by the assessee on the ground that the assessee has paid tax under Act 1991 on the whole of its income, whereas a part of income alone is amenable to Agricultural Income Tax Act. The agricultural income is excluded from the purview of Central Act and therefore is not part of computation

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

6. The Assessing Officer rejected deduction claimed by the assessee on the ground that the assessee has paid tax under Act 1991 on the whole of its income, whereas a part of income alone is amenable to Agricultural Income Tax Act. The agricultural income is excluded from the purview of Central Act and therefore is not part of computation

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

6. The Assessing Officer rejected deduction claimed by the assessee on the ground that the assessee has paid tax under Act 1991 on the whole of its income, whereas a part of income alone is amenable to Agricultural Income Tax Act. The agricultural income is excluded from the purview of Central Act and therefore is not part of computation

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

6. The Assessing Officer rejected deduction claimed by the assessee on the ground that the assessee has paid tax under Act 1991 on the whole of its income, whereas a part of income alone is amenable to Agricultural Income Tax Act. The agricultural income is excluded from the purview of Central Act and therefore is not part of computation

K.R. RAZIYA, vs. COMMISSIONER OF INCOME TAX,

Bench: This Court Under Section 260A Of The Income Tax Act 1961 (For Short ‘The Act’). The Details Of Orders Of Assessment Etc. Are Stated In The Following Table:

6,00,000 Lease rent disallowed Rs. 5,60,000 Cost of machinery Rs.75,50,000 Total income assessed Rs.87,10,000 4. The assessee raised two principal objections, one under Section

K.R.RAIZA vs. COMMISSIONER OF INCOME TAX

Bench: This Court Under Section 260A Of The Income Tax Act 1961 (For Short ‘The Act’). The Details Of Orders Of Assessment Etc. Are Stated In The Following Table:

6,00,000 Lease rent disallowed Rs. 5,60,000 Cost of machinery Rs.75,50,000 Total income assessed Rs.87,10,000 4. The assessee raised two principal objections, one under Section

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

6 such as a plant or machinery by the assessee. Therefore, the assistance was employed by the assessee on need-based in the Industrial Park. The assessee, at the first instance, in its books of accounts credited the grant as capital reserve. According to the assessee, the assistance is a capital contribution under ASIDE from the Central Government

K.A.RAUF vs. COMMISSIONER OF INCOME TAX

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