Mahesh Investments v. Asst. CIT

Smt.Ramani.Radhakrishnan, Ernakulam vs. The ACIT Central Circle 2, Ernakulam

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

…kethan Health Resort & Research Institute (supra) wherein similar issue came up for consideration and the coordinate bench of the Tribunal after considering the judgement of the Hon'ble Karnataka High Court in the case of Mahesh Investments reported in [2020] 429 ITR 284 (Kar), which was relied on by the ld. CIT(A) for rejecting the claims of the assessee, has remitted the issue with the following findings: - “4.10 The issue in the instant case pertains to the termini point for reckoning the period of interest u/ss. 234A and 234B, where the original assessment stands set aside in the appellate proceedings for fre…

Smt.Ramani.Radhakrishnan, Ernakulam vs. The ACIT Central Circle 2, Ernakulam

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

…kethan Health Resort & Research Institute (supra) wherein similar issue came up for consideration and the coordinate bench of the Tribunal after considering the judgement of the Hon'ble Karnataka High Court in the case of Mahesh Investments reported in [2020] 429 ITR 284 (Kar), which was relied on by the ld. CIT(A) for rejecting the claims of the assessee, has remitted the issue with the following findings: - “4.10 The issue in the instant case pertains to the termini point for reckoning the period of interest u/ss. 234A and 234B, where the original assessment stands set aside in the appellate proceedings for fre…

Smt.Ramani.Radhakrishnan, Ernakulam vs. The ACIT Central Circle 2, Ernakulam

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

…kethan Health Resort & Research Institute (supra) wherein similar issue came up for consideration and the coordinate bench of the Tribunal after considering the judgement of the Hon'ble Karnataka High Court in the case of Mahesh Investments reported in [2020] 429 ITR 284 (Kar), which was relied on by the ld. CIT(A) for rejecting the claims of the assessee, has remitted the issue with the following findings: - “4.10 The issue in the instant case pertains to the termini point for reckoning the period of interest u/ss. 234A and 234B, where the original assessment stands set aside in the appellate proceedings for fre…

Santhimadam Agrofarm Trust, Kochi vs. The ACIT Central Circle 2, Kochi

In the result, the appeals filed by the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Shri Soundararajan K.

…kethan Health Resort & Research Institute (supra) wherein similar issue came up for consideration and the coordinate bench of the Tribunal after considering the judgement of the Hon'ble Karnataka High Court in the case of Mahesh Investments reported in [2020] 429 ITR 284 (Kar), which was relied on by the ld. CIT(A) for rejecting the claims of the assessee, has remitted the issue with the following findings: - ”4.10 The issue in the instant case pertains to the termini point for reckoning the period of interest u/ss. 234A and 234B, where the original assessment stands set aside in the appellate proceedings for fre…

Santhimadam Agrofarm Trust, Kochi vs. The ACIT Central Circle 2, Kochi

In the result, the appeals filed by the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Shri Soundararajan K.

…kethan Health Resort & Research Institute (supra) wherein similar issue came up for consideration and the coordinate bench of the Tribunal after considering the judgement of the Hon'ble Karnataka High Court in the case of Mahesh Investments reported in [2020] 429 ITR 284 (Kar), which was relied on by the ld. CIT(A) for rejecting the claims of the assessee, has remitted the issue with the following findings: - ”4.10 The issue in the instant case pertains to the termini point for reckoning the period of interest u/ss. 234A and 234B, where the original assessment stands set aside in the appellate proceedings for fre…

Santhimadam Agrofarm Trust, Kochi vs. The ACIT Central Circle 2, Kochi

In the result, the appeals filed by the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Shri Soundararajan K.

…kethan Health Resort & Research Institute (supra) wherein similar issue came up for consideration and the coordinate bench of the Tribunal after considering the judgement of the Hon'ble Karnataka High Court in the case of Mahesh Investments reported in [2020] 429 ITR 284 (Kar), which was relied on by the ld. CIT(A) for rejecting the claims of the assessee, has remitted the issue with the following findings: - ”4.10 The issue in the instant case pertains to the termini point for reckoning the period of interest u/ss. 234A and 234B, where the original assessment stands set aside in the appellate proceedings for fre…

Santhimadam Agrofarm Trust, Kochi vs. The ACIT Central Circle 2, Kochi

In the result, the appeals filed by the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Shri Soundararajan K.

…kethan Health Resort & Research Institute (supra) wherein similar issue came up for consideration and the coordinate bench of the Tribunal after considering the judgement of the Hon'ble Karnataka High Court in the case of Mahesh Investments reported in [2020] 429 ITR 284 (Kar), which was relied on by the ld. CIT(A) for rejecting the claims of the assessee, has remitted the issue with the following findings: - ”4.10 The issue in the instant case pertains to the termini point for reckoning the period of interest u/ss. 234A and 234B, where the original assessment stands set aside in the appellate proceedings for fre…

M/S Santhimadom Ayurnikethan Health Resort & Research Institute Trust, Kochi vs. ACIT Central Circle -2, Kochi

In the result, the assessee’s appeals are allowed for statistical purposes

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

…ble thereto. No case law, or judicial precedents, stand adverted to, or drawn strength from, by the Tribunal in issuing it’s decision, even as it refers to the decision in Mahesh Investments v. Asst. CIT [2021] 123 taxmann.com 6 (Kar) [277 Taxman 161 / [2020] 429 ITR 284 (Kar)) as being supportive of the assessee’s case. 4.6 The Apex Court in ITO v. Seghu Buchiah Setty [1964] 52 ITR 538 (SC) held that there was not much difference between annulment and set aside of an order inasmuch as both wipe out the original order; in it’s words:(pg. 544) ‘There is not much difference between annulling an order and setting i…

M/S Santhimadom Ayurnikethan Health Resort & Research Institute Trust, Kochi vs. ACIT Central Circle 2, Kochi

In the result, the assessee’s appeals are allowed for statistical purposes

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

…ble thereto. No case law, or judicial precedents, stand adverted to, or drawn strength from, by the Tribunal in issuing it’s decision, even as it refers to the decision in Mahesh Investments v. Asst. CIT [2021] 123 taxmann.com 6 (Kar) [277 Taxman 161 / [2020] 429 ITR 284 (Kar)) as being supportive of the assessee’s case. 4.6 The Apex Court in ITO v. Seghu Buchiah Setty [1964] 52 ITR 538 (SC) held that there was not much difference between annulment and set aside of an order inasmuch as both wipe out the original order; in it’s words:(pg. 544) ‘There is not much difference between annulling an order and setting i…

M/S Santhimadom Ayurnikethan Health Resort & Research Institute Trust, Kochi vs. ACIT Central Circle -2, Kochi

In the result, the assessee’s appeals are allowed for statistical purposes

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

…ble thereto. No case law, or judicial precedents, stand adverted to, or drawn strength from, by the Tribunal in issuing it’s decision, even as it refers to the decision in Mahesh Investments v. Asst. CIT [2021] 123 taxmann.com 6 (Kar) [277 Taxman 161 / [2020] 429 ITR 284 (Kar)) as being supportive of the assessee’s case. 4.6 The Apex Court in ITO v. Seghu Buchiah Setty [1964] 52 ITR 538 (SC) held that there was not much difference between annulment and set aside of an order inasmuch as both wipe out the original order; in it’s words:(pg. 544) ‘There is not much difference between annulling an order and setting i…

M/S Santhimadom Ayurnikethan Health Resort & Research Institute Trust, Ernakulam vs. ACIT Central Circle-2, Kochi

In the result, the assessee’s appeals are allowed for statistical purposes

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

…ble thereto. No case law, or judicial precedents, stand adverted to, or drawn strength from, by the Tribunal in issuing it’s decision, even as it refers to the decision in Mahesh Investments v. Asst. CIT [2021] 123 taxmann.com 6 (Kar) [277 Taxman 161 / [2020] 429 ITR 284 (Kar)) as being supportive of the assessee’s case. 4.6 The Apex Court in ITO v. Seghu Buchiah Setty [1964] 52 ITR 538 (SC) held that there was not much difference between annulment and set aside of an order inasmuch as both wipe out the original order; in it’s words:(pg. 544) ‘There is not much difference between annulling an order and setting i…

M/S Santhimadom Herbal City Trust, Ernakulam vs. ACIT Central Circle 2, Kochi

In the result, the assessee’s appeals are partly allowed

Bench: Shri Sanjay Arora, Am & Shri Manomohan Das, Jm

…IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Sanjay Arora, AM & Shri Manomohan Das, JM ITA No.920/Coch/2022: Asst.Year:2008-2009 ITA No.921/Coch/2022: Asst.Year:2009-2010 Santhimadom Herbal City Trust, The Assistant Commissioner of Santhimadom, ThekkeNaluvazhi, Income-tax, Central Circle-2 vs. North Paravur Ernakulam. Ernakulam – 683 513. [PAN: AAGTS8165E] (Appellant) (Respondent) Appellant by: Sri.Mathew Joseph, CA Respondent by:Smt.J.M.Jamuna Devi, Sr.DR Date of Date of Hearing : 16.08.2023 Pronouncement: 14.11.2023 O R D E R Per Sanjay Arora, AM: This is a set of two Appeals by the As…

M/S Santhimadom Herbal City Trust, Ernakulam vs. ACIT Central Circle -2, Kochi

In the result, the assessee’s appeals are partly allowed

Bench: Shri Sanjay Arora, Am & Shri Manomohan Das, Jm

…IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Sanjay Arora, AM & Shri Manomohan Das, JM ITA No.920/Coch/2022: Asst.Year:2008-2009 ITA No.921/Coch/2022: Asst.Year:2009-2010 Santhimadom Herbal City Trust, The Assistant Commissioner of Santhimadom, ThekkeNaluvazhi, Income-tax, Central Circle-2 vs. North Paravur Ernakulam. Ernakulam – 683 513. [PAN: AAGTS8165E] (Appellant) (Respondent) Appellant by: Sri.Mathew Joseph, CA Respondent by:Smt.J.M.Jamuna Devi, Sr.DR Date of Date of Hearing : 16.08.2023 Pronouncement: 14.11.2023 O R D E R Per Sanjay Arora, AM: This is a set of two Appeals by the As…