ITAT Cochin

Powers u/s. 263 cannot be invoked to substitute lawful view taken by AO with another view

M/s. The Erumely Service Co-operative Bank Ltd. Vs. Principal CIT (ITAT Cochin)

Principal Commissioner of Income Tax was trying to substitute a legally permissible view taken by the Id. AO with another view which was not a rational one. Hon'ble Apex Court in the case of Malabar Industrial Co. Ltd (supra) has clearly held that revisionary powers u/s.263 of the Act cannot be invoked for substituting a lawful view taken...

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Contribution to unrecognized Provident fund not eligible for deduction U/s. 80C

M/s. Kodakkad Service Co-operative Bank Ltd. Vs The Income Tax Officer (TDS) (ITAT Cochin)

Admittedly, the contributions of the assessees to the Provident Fund are not a recognized Fund, the same are not eligible for deduction u/s. 80C (2) (vi) of the I.T. Act. ...

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Allowability of Loss on sale of shares of wholly-owned subsidiary

Apollo Tyres Ltd. Vs. ACIT (ITAT Cochin)

In the case of Apollo Tyres Ltd vs. ACIT , ITAT Cochin held that The loss on sale of shares of a wholly-owned subsidiary is allowable under Section 37(1) of Income Tax Act, 1961 as a business loss if the investment in the subsidiary was made for commercial purposes....

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Levy of Section 234E late fee- Prior to 01.06.2015- ITAT Cochin decides in favour of assessee

Little Servants of Divine Providence Providence Charitable Trust Vs. Income Tax Officer(TDS) (ITAT Cochin)

Thus, post 1st June 2015, in the course of processing of a TDS statement and issuance of intimation u/s 200A in respect thereof, an adjustment could also be made in respect of the 'fee', if any, shall be computed in accordance with the provisions of section 234E. Prior to 1st June 2015, there was no enabling provision therein for raising ...

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Eligible business profits to be computed as per law & not as per treatment by assessee in its books

M/s. Kumarakom Lake Resort Pvt. Ltd. Vs ACIT (ITAT Cochin)

The ITAT Bench Cochin held that the assessee would be entitled to deduction u/s 80 IB(7) if its incomes are derived from eligible business irrespective of the manner in which the entries in the books of account are maintained....

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Interest on investments of Service Co-operative Banks eligible for deduction u/s 80P(2)(a)(1)

The Kizhathadiyoor Service Coop Bank ltd Vs. ITO (ITAT Cochin)

Interest income on investments of Service Co-operative Banks is business income eligible for deduction u/s 80P(2)(a)(1) and not income from other sources. SC decision in Totgar case not applicable in this case....

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Its inhuman to collect money for admission in medical college

M/s Sree Anjaneya Medical Trust Vs CIT (ITAT Cochin)

Hon'ble Cochin ITAT has in the case of M/s Sree Anjaneya Medical Trust while disposing off the appellant's plea for registration u/s 12A has held that collection of money for admission of students in the professional colleges is not only inhuman but also against the scheme of the Constitution of sec 12A....

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AO can make adjustment to profit if books are not in accordance with established accounting principles

Padinjarekara Agencies Pvt. Ltd Vs ACIT (ITAT Cochin)

The assessee had contended that the Assessing officer was not entitled to make adjustments to book profit shown in the audited The question that had arisen was whether the Assessing officer was entitled to disturb the net profit shown by the assessee in the profit and loss account prepared as per the Companies Act, 1956....

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Interest Income of Co-Operative Bank on deposits with Co-operative Bank not eligible for Deductoion U/s. 80P

Mutholy Service Co-Operative Bank Ltd Vs The Income Tax Officer (ITAT Cochin)

In the present case, we find that the assessee has earned interest income on fixed deposits made by the assessee with sub-treasury, Meenachili, Kadappattoor and SBI Pala totaling Rs. 20,21,909/- and the interest income earned on the surplus funds of the assessee cannot be considered...

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TDS deductible on Excess amount paid on Cacellation of Flat Purchase Agreement

The Income Tax Officer (TDS) Vs M/s Beacon Projects P Ltd (ITAT Cochin)

In the instant case, the amounts were paid in respect of an obligation in respect of purchase of flat through agreement, therefore, no fault can be found on the part of the AO for treating these charges as interest and liable for TDS u/s 194A of the Act. ...

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