CIT v. Smt.Thressiamma Abraham

227 ITR 802High Court1997#6722 most cited
17

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2018 to 2025.

Sections most often in play

Section 143(3)Section 147Section 148Section 143(2)Section 112Section 132Section 144Section 144B

Issues it is cited on

section 45application of incomelong term capital gainslong term capital gainscrutiny assessmentsection 139section 13transfersection 148section 143(2)companysection 144

Judgments citing CIT v. Smt.Thressiamma Abraham

V RAMAKRISHNAN,CHENNAI vs. DCIT CENTRAL CIRCLE III(4) , CHENNAI

In the result, the appeal for the A

ITA 744/CHNY/2005[2000-01]Status: DisposedITAT Chennai26 Dec 2025AY 2000-01

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

For Appellant: Shri. N. Arjun Raj, AdvocateFor Respondent: Shri. Bipin. C.N., C.I.T
Section 132Section 148Section 15Section 158BSection 17(1)(iv)

…t to tax by the Assessing Officer. 3) As no money, i.e. no part of sale consideration was reached by the assessee and was diverted by over riding title, it is not subjected to tax as held by the Kerala High Court in the case of CTR vs Smt.Thressiamma Abraham (227 ITR 802). 4) The facts of the case for the Assessment Year 1999-2000 are different from the Assessment Year 2000-2001 where the Commissioner of Income Tax (Appeals) had decided the issue against the assessee. 5) Without prejudice to the above, it is further submitted that the Appellant is not an investor or a dealer in shares, he is the promoter of the t…

V RAMAKRISHNAN,CHENNAI vs. DCIT CENTRAL CIRCLE III(4), CHENNAI

In the result, the appeal for the A

ITA 2197/CHNY/2005[1999-2000]Status: DisposedITAT Chennai26 Dec 2025AY 1999-2000

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

For Appellant: Shri. N. Arjun Raj, AdvocateFor Respondent: Shri. Bipin. C.N., C.I.T
Section 132Section 148Section 15Section 158BSection 17(1)(iv)

…t to tax by the Assessing Officer. 3) As no money, i.e. no part of sale consideration was reached by the assessee and was diverted by over riding title, it is not subjected to tax as held by the Kerala High Court in the case of CTR vs Smt.Thressiamma Abraham (227 ITR 802). 4) The facts of the case for the Assessment Year 1999-2000 are different from the Assessment Year 2000-2001 where the Commissioner of Income Tax (Appeals) had decided the issue against the assessee. 5) Without prejudice to the above, it is further submitted that the Appellant is not an investor or a dealer in shares, he is the promoter of the t…

INCOMETAX OFFICER, WARD-3(1), VISAKHAPATNAM vs. SURENDRA NATH GUBBALA, VISAKHAPATNAM

ITA 482/VIZ/2024[2020-21]Status: DisposedITAT Visakhapatnam10 Oct 2025AY 2020-21

Bench: Us:

Section 143(3)Section 144BSection 48

…ub (DT) 2107 (Delhi-Trib.) xv) CIT Vs. Eagle Theaters (2021) 205 Taxmann 449 (Del). xvi) Devendra Kumar Shroff, Kolkata Vs. ITO, Ward-7(2), Kolkata in I.T.A no: 158/Kol/2016 dated 26-02-2020 (ITATC Bench, Kolkata). xvii) CIT Vs.Smt. Thressiamma Abraham (1997) 227 ITR 802 (Ker). 5.13 In the case of CIT Vs. A. Venkataraman (1982) 137 ITR 846 (Mad), the assessee, owner of certain land which was in possession of two tenants entered into an agreement for sale to a third party who insisted on getting vacant possession of the land. Consequently, the assessee paid certain amounts to the tenants to get the land vacated. I…

GIJU PURAPADATHIL MATHAI,ERNAKULAM vs. ASSISTANT COMMISSIONER OF INCOME TAX CORP WARD 2(1), KOCHI

In the result, the appeal filed by the assessee stands dismissed

ITA 214/COCH/2025[2016-17]Status: DisposedITAT Cochin05 Aug 2025AY 2016-17

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm Assessment Year: 2016-17 Giju Purapadathil Mathai .......... Appellant 5-B Parambil Thara Corss Road, Ivory Heights Panampilly Nagar, Ernakulam 682036 [Pan: Ahopm6606R] Vs. Acit, Corporate Ward- 2(1), Kochi .......... Respondent Assessee By: Smt. Parvathy Ammal, Ca Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 09.06.2025 Date Of Pronouncement: 05.08.2025

For Appellant: Smt. Parvathy Ammal, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 139(1)Section 142(1)Section 147Section 148

…rtgaged with South Indian Bank for availing loan by M/s. P.T. Mathai Construction Co. Pvt. Ltd. in which the appellant was a Director. It is submitted, placing reliance on the decision of the Hon'ble Kerala High Court in the case of CIT v. Thressiamma Abraham 227 ITR 802, that no income accrued in the hands of the mortgager, when the mortgaged property is sold by the financial institution. However, the learned CIT(A) rejected the above contention placing reliance on the judgement of the Hon'ble Supreme Court in the case of CIT v. Attili N. Rao [2022] 252 ITR 880. Accordingly, confirmed action of the AO. 4. Being…

GEOTECH FOUNDATION AND CONSTRUCTIONS,COCHIN vs. INCOME TAX OFFICER, NON CORPORATE WARD 1(2), KOCHI

In the result, the appeal filed by the assessee is dismissed

ITA 53/COCH/2024[2013-14]Status: DisposedITAT Cochin26 May 2025AY 2013-14

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.P.M.Veeramani, CAFor Respondent: Sri.Sundarasan S, CIT-DR

…ailed the order of the A.O. However, the CIT(A) also could not find any force in the arguments of the assessee and affirmed the view of the A.O. distinguishing the judgment of the Hon’ble jurisdictional High Court in the case of CIT v. Smt.Thressiamma Abraham 227 ITR 802. 4. Aggrieved with the order of the CIT(A), the assessee has come up in appeal before us. The learned Counsel for the assessee at the outset argued that since the assessee was a 3 ITA No.53/Coch/2024. Geotech Foundation and Constructions. guarantor and the sale proceeds were taken away by SBIL, it is a case where income has been diverted because…

ITO, WARD-1(1), HYDERABAD vs. ARKA PROPERTIES PRIVATE LIMITED, HYDERABAD

In the result, appeal of the Revenue is dismissed

ITA 58/HYD/2024[2015-16]Status: DisposedITAT Hyderabad17 Apr 2025AY 2015-16

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita No.58/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2015-16) Income Tax Officer Vs. Arka Properties (P) Ltd Ward 1 (1) Hyderabad Hyderabad Pan:Aafca7411H (Appellant) (Respondent) राज" व "ारा/Revenue By:: Smt. M. Narmada, Cit(Dr) िनधा""रती "ारा/Assessee By: Advocate H Srinivasulu, सुनवाई की तारीख/Date Of Hearing: 27/03/2025 घोषणा की तारीख/Pronouncement: 17/04/2025 आदेश/Order Per Vijay Pal Raothis Appeal By The Revenue Is Directed Against The Order Dated, 23/11/2023 Of The Learned Cit (A)-Nfac Delhi, For The A.Y. 2015-16. 2. There Is A Delay Of 1 Day By The Revenue In Filing The Appeal Before The Tribunal & The Revenue Has Filed An Affidavit Explaining The Cause Of Delay. We Have Heard The Learned Dr As Well As The Learned Ar On The Condonation Of Delay. The Learned Ar Has Not Objected For Condonation Of Delay Of One Day In Filing

For Appellant: Advocate H SrinivasuluFor Respondent: : Smt. M. Narmada, CIT(DR)
Section 148Section 45

…le in the case of the assessee and the learned CIT (A) has rightly allowed the claim of the assessee. In support of his contention, he has relied upon the following decisions: 1) Bombay City-1 VS C.N. Patuck (71 ITR 713) (Bom.) 2) CIT vs. Thressiamma Abraham (227 ITR 802) (Ker.) 3) Addl.CIT vs. Glad Investments (P) Ltd (105 TTJ 218 (ITAT Delhi) Page 7 of 24 ITA No 58 of 2024 ARKA Properties P Ltd 4) Crawford Bayley & Co. (106 ITR 884) (Bom.) 5) Sital Das Tirathdas (41 ITR 367 (S.C) 6) National Cooperative Development Corporate (119 Taxmann.com 137 (S.C) 7) Rinki Shashikant Gandhi (ITA No.826 of 2023) (Guj. Hig…

SHRI AJAYBHAI ISHWARLAL GOGIA,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-1 (2) (5), RAJKOT

In the result, the assessee’s appeal is allowed

ITA 176/RJT/2018[2011-12]Status: DisposedITAT Rajkot18 Apr 2022AY 2011-12
For Appellant: Shri R. D. Lalchandani, A.RFor Respondent: Shri Rajesh Kumar, CIT-D.R
Section 2(47)Section 271Section 271(1)(c)Section 276C

…the issue is debatable one. Once, the issue is debatable, then there is no question of levy of penalty u/s 271(1)(c) of the Act. On merits, the assessee relied on the decision of Kerala High Court in the case of CIT v. Smt. Thressiamma Abraham (No. 1) [1997] 227 ITR 802 (KER.) in which assessee stood as a guarantor for loan given by 'K' Financial Corporation to 'N' Ltd. and in pursuance of said position, assessee's property was mortgaged in favour of 'K' Financial Corporation. As 'N' Ltd. defaulted in making payment of loan, 'K' Financial Corporation sold property so mortgaged and appropriated sale proceeds towa…

M.PARAMASIVAM,COIMBATORE vs. ACIT NCC-1, COIMBATORE

In the result, the appeals filed by the assessees for the assessment

ITA 721/CHNY/2019[2014-15]Status: DisposedITAT Chennai23 Feb 2022AY 2014-15

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.719/Chny/2019 िनधा"रण वष" /Assessment Year: 2013-14

For Respondent: Mr. AR.V.Sreenivasan
Section 131Section 147Section 148

…e Companies, was compelled by the banks to sell the Mortgaged properties and pay-off the loan over dues. 3. The Ld. CIT (A) has erred in stating in page 5 of his order that "the decision of the Kerala High Court in the case of Smt. Thressiamma Abraham (1997) 227 ITR 802 (Kerala) relied upon by the appellant was no longer good law after the judgments of the Supreme Court in the case of V.S.M.R.Jagadish Chandran Vs. CIT (1997) 227 ITR 240" a. The said judgment of the H'ble SC is distinguishable in so far as that, in the said case, the Assessee created Mortgage of the Property for his own benefit; whereas here in…

M.PARAMASIVAM,COIMBATORE vs. ACIT NCC-1, COIMBATORE

In the result, the appeals filed by the assessees for the assessment

ITA 720/CHNY/2019[2013-14]Status: DisposedITAT Chennai23 Feb 2022AY 2013-14

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.719/Chny/2019 िनधा"रण वष" /Assessment Year: 2013-14

For Respondent: Mr. AR.V.Sreenivasan
Section 131Section 147Section 148

…e Companies, was compelled by the banks to sell the Mortgaged properties and pay-off the loan over dues. 3. The Ld. CIT (A) has erred in stating in page 5 of his order that "the decision of the Kerala High Court in the case of Smt. Thressiamma Abraham (1997) 227 ITR 802 (Kerala) relied upon by the appellant was no longer good law after the judgments of the Supreme Court in the case of V.S.M.R.Jagadish Chandran Vs. CIT (1997) 227 ITR 240" a. The said judgment of the H'ble SC is distinguishable in so far as that, in the said case, the Assessee created Mortgage of the Property for his own benefit; whereas here in…

P.SULOCHANA,COIMBATORE vs. ACIT NCC - 1, COIMBATORE

In the result, the appeals filed by the assessees for the assessment

ITA 719/CHNY/2019[2013-14]Status: DisposedITAT Chennai23 Feb 2022AY 2013-14

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.719/Chny/2019 िनधा"रण वष" /Assessment Year: 2013-14

For Respondent: Mr. AR.V.Sreenivasan
Section 131Section 147Section 148

…e Companies, was compelled by the banks to sell the Mortgaged properties and pay-off the loan over dues. 3. The Ld. CIT (A) has erred in stating in page 5 of his order that "the decision of the Kerala High Court in the case of Smt. Thressiamma Abraham (1997) 227 ITR 802 (Kerala) relied upon by the appellant was no longer good law after the judgments of the Supreme Court in the case of V.S.M.R.Jagadish Chandran Vs. CIT (1997) 227 ITR 240" a. The said judgment of the H'ble SC is distinguishable in so far as that, in the said case, the Assessee created Mortgage of the Property for his own benefit; whereas here in…

ADDL.CIT, SPECIAL RANGE-3, NEW DELHI vs. DALMIA FINANCE LTD., NEW DELHI

Accordingly direct the Assessing Officer to delete the addition of Rs.27,76,92,000/-, Ground No.2 is accordingly allowed

ITA 5184/DEL/2018[2014-15]Status: DisposedITAT Delhi29 Jul 2021AY 2014-15

Bench: Shri Anil Chaturvedi & Shri Kuldip Singh

For Appellant: Shri V.K. Bindal, CAFor Respondent: Ms. Nidhi Srivastava, CIT DR
Section 36(1)(vii)

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘B’ : NEW DELHI) BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER and SHRI KULDIP SINGH, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCE) ITA No.4656/Del./2018 (Assessment Year : 2014-15) M/s. Dalmia Finance Ltd., vs. JCIT, Special Range 3, 2nd Indraprakash, New Delhi. 21, Barakhamba Road, New Delhi – 110 001. (PAN : AABCD5533H) ITA No.5184/Del./2018 (Assessment Year : 2014-15) JCIT, Special Range 3, vs. M/s. Dalmia Finance Ltd., 2nd Indraprakash, New Delhi. 21, Barakhamba Road, New Delhi – 110 001. (PAN : AABCD5533H) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri V.…

DALMIA FINANCE LTD.,NEW DELHI vs. JCIT, SPECIAL RANGE-3, NEW DELHI

Accordingly direct the Assessing Officer to delete the addition of Rs.27,76,92,000/-, Ground No.2 is accordingly allowed

ITA 4656/DEL/2018[2014-15]Status: DisposedITAT Delhi29 Jul 2021AY 2014-15

Bench: Shri Anil Chaturvedi & Shri Kuldip Singh

For Appellant: Shri V.K. Bindal, CAFor Respondent: Ms. Nidhi Srivastava, CIT DR
Section 36(1)(vii)

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘B’ : NEW DELHI) BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER and SHRI KULDIP SINGH, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCE) ITA No.4656/Del./2018 (Assessment Year : 2014-15) M/s. Dalmia Finance Ltd., vs. JCIT, Special Range 3, 2nd Indraprakash, New Delhi. 21, Barakhamba Road, New Delhi – 110 001. (PAN : AABCD5533H) ITA No.5184/Del./2018 (Assessment Year : 2014-15) JCIT, Special Range 3, vs. M/s. Dalmia Finance Ltd., 2nd Indraprakash, New Delhi. 21, Barakhamba Road, New Delhi – 110 001. (PAN : AABCD5533H) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri V.…

WGF FINANCIAL SERVICES PVT LTD,NOIDA vs. ACIT CENTRAL CIRCLE-27(2), NEW DELHI

ITA 8218/DEL/2019[2015-16]Status: DisposedITAT Delhi10 Mar 2021AY 2015-16

Bench: Shri N.K.Billaiya & Shri Kuldip Singh

…r the debts of the loanees where the same consideration was taken to recover the loan by the lender and no money was received by the assessee for its benefit or use in view of the judgement of Kerala High Court in the case of CIT vs Thressiamma Abraham (1997) 227 ITR 802 and Addl. CIT Spl. Range-26, New Delhi vs Glad Investments (P) Ltd. (2006) ITD 227 (Delhi).” 4 ITA No.-8218/Del/2019 7. The reply of the assessee did not find any favour of the Assessing Officer who was of the firm belief that the assessee was the owner of the land title and freely possessed the land at the time of sale and the land was sold i…

DEVENDRA KUMAR SHROFF,KOLKATA vs. ITO, WD-7(2), KOLKATA, KOLKATA

ITA 158/KOL/2016[2008-09]Status: DisposedITAT Kolkata26 Feb 2020AY 2008-09

Bench: "ीजे. सुधाकररे"डी, लेखासद"यएवं/And"ीऐ. ट". वक","यायीकसद"य) [Before Shri J. Sudhakar Reddy, Am &Shri A. T. Varkey, Jm]

Section 142(1)Section 143(2)Section 143(3)Section 147

…AY- 2008-09 supported by a recent decision given by a Division Bench of this court in Commissioner of Income-tax v. R. M. Amin." b) Thereafter, ld. AR cited the decision of the Hon’ble Kerala High Court in the case of CIT Vs. Smt. Thressiamma Abraham (1997) 227 ITR 802 (Ker) which facts according to ld. AR is similar to that of the case of the assessee before us. The ld. AR pointed out that the assessee in that case also stood guarantor and her immovable property was mortgaged to the Kerala Financial Corporation (lender) for the loan given by the Kerala Financial Corporation to a third party, M/s. National Tyre…

ACIT CIR 16(1), MUMBAI vs. APURVA MAHESH SHAH, MUMBAI

The appeal of the revenue is allowed

ITA 6959/MUM/2011[2007-08]Status: DisposedITAT Mumbai29 Jun 2018AY 2007-08

Bench: Shri G.S. Pannu, Am & Shri Ravish Sood, Jm Assistant Commissioner Of Income Sh. Apurva Mahesh Shah, 1403, Tax-16(1), Mumbai. Pleasant Palace, Narayan बिधम/ Dabholkar Road, Mumbai-400 Vs. 006. स्थामी रेखा सं./ जीआइआय सं./ Pan No. Abbps3726K (अऩीराथी /Appellant) (प्रत्मथी / Respondent) :

For Appellant: Shri. Rajesh Kumar Yadav, D.RFor Respondent: Shri Apurva Shah, (
Section 143(2)Section 143(3)Section 48

…under: "As regards the decisions of this court in the case of CIT v. Shakuntala Kantilal [1991] 190 ITR 56 followed in the case of Abrar Alvi [2001] 247 ITR 312] and the decision of the Kerala High Court in the case of Smt. Thressiamma Abraham (No. 1) [2001] 227 ITR 802 which are strongly relied upon by the counsel for the assessee, we are of the opinion that the said decisions are no longer good law in the light of the subsequent decisions of the apex court referred to hereinabove." Thus, without going into further details we would only like to observe that the decision in the case of Smt. Shakuntala Kantilal (…

MATEEN PYARALI DHOLKIA,MUMBAI vs. DCIT 19(3), MUMBAI

In the result, the appeal is dismissed

ITA 6950/MUM/2016[2010-11]Status: DisposedITAT Mumbai30 May 2018AY 2010-11

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2010-11 Mateen Pyarali Dholkia Dcit-19(3) 90, Gr. Floor, Hill Road, Opp. Vijaya Vs. Aayakar Bhavan, M.K. Bank Bandra (W), Mumbai-400050. Road, Mumbai-400020. Pan No. Abapd1241K Appellant Respondent Assessee By : Mr. Anil Thakrar, Ar Revenue By : Mr. Saurabh Kumar Rai, Dr Date Of Hearing : 17/05/2018 Date Of Pronouncement : 30/05/2018

For Appellant: Mr. Anil Thakrar, ARFor Respondent: Mr. Saurabh Kumar Rai, DR
Section 143(3)Section 48

…olkia 7 ‘As regards the decisions of this court in the case of CIT v. Shakuntala Kantilal [1991] 190 ITR 56 followed in the case of Abrar Alvi [2001] 247 ITR 312] and the decision of the Kerala High Court in the case of Smt. Thressiamma Abraham (No. 1) [2001] 227 ITR 802 which are strongly relied upon by the counsel for the assessee, we are of the opinion that the said decisions are no longer good law in the light of the subsequent decisions of the apex court referred to hereinabove.’ Thus, without going into further details we would only like to observe that the decision in the case of Smt. Shakuntala Kantilal (…

ITO, TIRUPPUR vs. SHRI V.S. CHANDRAKUMAR, TIRUPPUR

In the result, the appeal filed by the Revenue stands allowed and the order of the Ld

ITA 2736/CHNY/2016[2010-11]Status: DisposedITAT Chennai28 Mar 2018AY 2010-11

Bench: Shri George Mathan & Shri S. Jayaramanआयकर अपील सं./Ita No.2736/Chny/2016 "नधा"रण वष" /Assessment Year: 2010-11

Section 2(47)Section 45Section 47

…आयकर अपील"य अ"धकरण, ‘बी’ "यायपीठ, चे"नई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH: CHENNAI "ी जॉज" माथन, "या"यक सद!य एवं "ी एस जयरामन, लेखा सद!य के सम& BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.2736/Chny/2016 "नधा"रण वष" /Assessment Year: 2010-11 Vs. The Income Tax Officer, Ward-2(1), Shri V.S.Chandrakumar, No.10, M.G.Pudur, 2nd Street, No.121, Aadams Building, 60 Feet Road, P.N.Road, Tirupur-641 602. Tirupur-641 604. [PAN: ACOPC 7601 D] (अपीलाथ(/Appellant) ()*यथ(/Respondent) Cross Objection No.178/Chny/2016 "नधा"रण वष" /Assessment Year: 2010…