Kerala High Court

Can EPABX and mobile phones be treated as computers to be entitled to higher depreciation at 60%?

Federal Bank Ltd. Vs. ACIT (2011) 332 ITR 319 (Kerala High Court)

Federal Bank Ltd. v. ACIT (2011) 332 ITR 319 (Kerala High Court) - On this issue, the High Court held that the rate of depreciation of 60% is available to computers and there is no ground to treat the communication equipment as computers. Hence, EPABX and mobile phones are not computers and therefore, are not entitled to higher depreciati...

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Whether the benefit of deduction under Section 10A can be extended to inter-state sales made to another industrial unit in a SEZ, payment in respect of which is received in Indian rupees?

Commissioner of Income Tax, Cochin Vs Electronic Controls & Discharge Systems (P) Ltd (Kerala High Court)

Commissioner of Income Tax, Cochin Vs Electronic Controls & Discharge Systems (P) Ltd [2011] 13 Taxmann.com 193 (Kerala High Court)- Benefit of deduction under Section 10A is not available in respect of sales made to a unit in Special Economic Zone even though such sales are considered as ‘deemed exports’ under the provisions of the S...

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When Revenue detects unexplained expenditure in the name of doctors of the hospital, Sec 69C additions in the hand of the hospital can be made only after doctors deny receiving such payments

CIT Vs M/s Lakshmi Hospital (Kerala High Court)

CIT Vs M/s Lakshmi Hospital (High Court Of Kerala At Ernakulum)- In this case also assessee conceded that the unaccounted receipts were collected for payment to doctors attending to patients in the hospital. What we notice is that the department has not made any effort to confront the doctors with the unaccounted payments stated to have b...

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No complete immunity from penalty if undisclosed income finally assessed is more than declared one

CIT Vs Heera Construction Co Pvt. Ltd. (Kerala High Court)

Added In Income Tax Case Laws CIT v Heera Construction Co Pvt Ltd (High Court of Kerala) – In view of the application of the 2nd proviso, the assessee is not entitled to complete immunity from payment of penalty on the undisclosed income returned by them under clause (a) of section 158BC, not only because of their failure to comply wit...

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Kerala High Court grants interim stay on recovery of service tax on Restaurant and short term accommodation service

Kerala Classified Hotels And Resorts Association Vs Union Of India (Kerala High Court)

Kerala High Court has vide its order dated 16.06.2011 granted interim stay against any coercive steps of recovery of service tax or against any proceedings for imposing penalty for a period of two months on Restaurant and short term accommodation service. ...

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Whether the activities of telecasting and broadcasting of TV and Radio programmes can also be said to be for advancement of general public utility, and thus qualify for registration as a charitable company?

CIT Vs A Y Broadcast Foundation (Kerala High Court)

CIT Vs A Y Broadcast Foundation (Kerala High Court) - Generally, the activities refereed to therein i.e. production of television and radio programmes and telecasting and broadcasting of the same are commercial activities. Further the object clause provided for the assessee to act as an agent, broker, liasioner, introducer etc., which are...

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When the mandatory provision not followed leading to evasion of tax by way of excess relief granted to the assessee, the remedy open to the officer is to revise the assessment by invoking powers under Section 147

M/s IVL India Pvt. Ltd. Vs. Commissioner of Income Tax (Kerela High Court)

M/s IVL India Pvt. Ltd. Vs. Commissioner of Income Tax (High Court of Kerala at Ernakulam) - - Assessee while working out the eligible deduction did not exclude 90% of the income received by way of consultancy charges which is to be specifically excluded by virtue of mandatory provision contained in Explanation (d) of Section 80HHE of the...

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Prior period expenses not to be deducted while computing book profit for the purposes of section 115JA

Shree Bhagawathy Textiles Ltd. Vs. Asst. CIT (Kerala High Court)

Shree Bhagawathy Textiles Ltd. v. Asstt. CIT - If the assessee has made a claim of deduction from this profit not enumerated in the clauses (i) to (ix) covered by Explanation to section 115JA, the assessment so completed based on the profit taken from the profit and loss account appropriation account submitted by the assesseee happens to ...

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In case of under-assessment or a mistaken order, A.O. can rectify the mistake u/s 154 or make a reassessment u/s 147

CIT Vs. M/s India Sea Foods (Kerala High Court)

CIT vs. M/s India Sea Foods (Kerala High Court) If an assessment happens to be an under-assessment or a mistaken order, the course open to the AO is either to rectify the mistake u/s 154 or to make a reassessment u/s 147. While, it is correct, as held in EID Parry 216 ITR 489 (Mad), that the AO has to choose between the two and cannot ini...

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For s. 115JA/JB s. 80HHC deduction to be computed as per normal provisions & not on P&L profits

CIT Vs. Pack worth Udyog (Kerala High Court)

In these appeals filed by the revenue, the only question raised is whether the assessees are entitled to deduction under Section 80HHC in the computation of book profit under Section 11 5JB of the Income Tax Act. Even though in respect of one assessee, the provision involved is Section 11 5JA, there is no need to consider the issue separa...

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