ITAT Cochin

Foreign Exchange Loss on loan for acquiring fixed assets allowable as Revenue Expense

M/s. Baby Memorial Hospital Ltd. Vs ACIT (ITAT Cochin)

Foreign exchange loss arising out of foreign currency fluctuations in respect of loan in foreign currency used for acquiring fixed assets should be allowed as revenue expenditure by charging the same into the Profit and Loss account and not as capital expenditure by deducting the same from the cost of the respective fixed assets....

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ITAT Explains Meaning of Term ‘Lottery’ for Taxation & TDS deduction

Sri. Rajmohan V.V. Kumbalappalli Vs ITO (ITAT Cochin)

Before a scheme can be regarded as a lottery, there must be the element of distribution of prizes which should be by chance or lot and such distribution should be among those who had paid a price for participating in the scheme. Mere gratuitous distribution without any price having been paid by the participants for acquiring the chance an...

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ITAT explains Provisions of Deemed transfer in case of JDA under Section 2(47)(v)

DCIT Vs Hema Mohanlal Divyasree (ITAT Cochin)

DCIT Vs Hema Mohanlal Divyasree (ITAT Cochin) We have carefully perused the JDA entered between the assessee and the developer. As per the JDA (in page 3 para 4), the construction should have completed and the share of build up area marked for the assessee ought to have been handed over within 36 months of obtaining necessary […]...

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ITAT on higher Rate of depreciation on Set top boxes

ACIT Vs Kerala Communicators Cable Ltd. (ITAT Cochin)

ACIT Vs Kerala Communicators Cable Ltd. (ITAT Cochin) The Assessing Officer granted depreciation at the rate of 15% being machinery and plant other than those covered by sub-items (2), (3) and (8). According to the assessee, it is covered under sub-item (8)(ix)(E)(k). Sub-item (ix) of item (8) is energy saving device and (E) is electric [...

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Unexplained cash credit U/s. 68 cannot be treated as business income & not eligible for Section 80P Deduction

ITO Vs M/s. Mundela Service Co-operative Bank Ltd. (ITAT Cochin)

ITO Vs M/s. Mundela Service Co-operative Bank Ltd. (ITAT Cochin) With regard to non granting of deduction u/s. 80P(2) of the Act, treating the unexplained credits as ‘income from other sources’, this issue was considered by the Jurisdictional High Court in the case of Kerala Sponge Iron Ltd., 79 taxmann.com/379 ITR 330 wherein ‘...

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Demise of CA in 2016 not a reasonable cause for no Audit of Books for A.Y. 2009-10

Sri. Abdul Azeez M Vs ACIT (ITAT Cochin)

Sri. Abdul Azeez M Vs ACIT (ITAT Cochin) Admittedly in this case, no audit report has been filed for assessment year 2009-2010. It is the contention of the assessee that there was a reasonable cause as mandated u/s 273B of the I.T.Act. It was submitted by the learned AR that consequent to search and seizure […]...

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No Penalty for Delay in filing of tax audit report due to Virus in computer system or for mere technical venial breach

M/s. Johns Biwheelers Vs ACIT (ITAT Cochin)

M/s. Johns Biwheelers Vs. ACIT (ITAT Cochin) In this case, the assessee was required to get his books of account audited and filed along with the return of income u/s. 44AB within the due date of 30/09/2013 for the assessment year 2013-14. However, the audit report was furnished only on 28/03/2014. The contention of the […]...

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Interest on bank deposit of equity funds at pre-commencement stage taxable as Other Source Income

HLL Biotech Ltd. Vs ITO (ITAT Cochin)

Hll Biotech Ltd. Vs ITO (ITAT Cochin) Conclusion: Since assessee-company was still at the pre-commencement stage and during this phase, it had raised equity funds which was invested in fixed deposits of the Banks as well as the holding company and had earned interest on the same, the interest earned had to be taxed as […]...

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Penalty leivable u/s 271B on non-production of Audit Report in prescribed format

M/s. Peroorkada Service Cooperative Bank Ltd. Vs. ITO (ITAT Cochin)

Penalty under Section 271B was justified as assessee had not produced audit report in the prescribed format before AO and no explanation regarding the reasonable cause for not filing the audit report within the prescribed time limit was given. ...

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Character of compulsory acquisition not changes merely because sale price was fixed through a negotiated settlement

ITO Vs Smt. Asha Vimala Melpuratharisu Puthen Veedu (ITAT Cochin)

ITO Vs Smt. Asha Vimala Melpuratharisu Puthen Veedu (Ponnamkulam House) (ITAT Cochin) The assessee’s land in question at Vizhinjam Village was notified for compulsory acquisition by Government of Kerala for developing Vizhinjam International Seaport. Though the acquisition proceedings were taken under the Land Acquisition Act, the final...

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