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165 results for “capital gains”+ Deductionclear

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Key Topics

Section 25095Section 143(3)35Section 115J24Section 4020Section 153A20Deduction19Section 14A18Section 14717Disallowance17Addition to Income

THE ACIT, COCHIN vs. M/S.PVR TOURIST HOME, COCHIN

ITA 428/COCH/2015[2012-13]Status: DisposedITAT Cochin21 Mar 2025AY 2012-13

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm Assessment Year: 2012-13 Acit, Circle-1, Non-Corporate .......... Appellant Iind Floor, C.R. Building, I.S. Press Road Ernakulam 682018 Vs. Pvr Tourist Home .......... Respondent Palarivattom, Kochi 682025 [Pan: Aadfp3442Q] Appellant By: Shri Suresh Sivanandan, Cit-Dr Respondent By: Shri Mohan Pulickal, Advocate Date Of Hearing: 10.03.2025 Date Of Pronouncement: 21.03.2025

For Appellant: Shri Suresh Sivanandan, CIT-DRFor Respondent: Shri Mohan Pulickal, Advocate
Section 143(3)Section 45(4)Section 48Section 50Section 50(1)Section 50A

capital gains’ shall be computed by deducting from the full value of the consideration received or accruing as a result

Showing 1–20 of 165 · Page 1 of 9

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14
Section 143(2)13
Capital Gains12

SRI.JOSE THOMAS,ADOOR P.O., PATHANAMTHITTA vs. THE ACIT,CEN-CIRCLE, KOTTAYAM

In the result, all the appeals filed by the assessee are dismissed

ITA 212/COCH/2019[2010-11]Status: DisposedITAT Cochin22 May 2025AY 2010-11

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Anil D.Nair, AdvocateFor Respondent: Sri.Sundarasan S, CIT-DR
Section 132Section 143(3)Section 153ASection 153C

capital gains on the amount of Rs.35 lacs after deducting an amount of Rs.7 lacs as cost of acquisition. The Department

MRS.GRACY BABU,ADOOR P.O., PATHANAMTHITTA vs. THE DCIT, CEN-CIRCLE, KOTTAYAM

In the result, all the appeals filed by the assessee are dismissed

ITA 209/COCH/2019[2010-11]Status: DisposedITAT Cochin22 May 2025AY 2010-11

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Anil D.Nair, AdvocateFor Respondent: Sri.Sundarasan S, CIT-DR
Section 132Section 143(3)Section 153ASection 153C

capital gains on the amount of Rs.35 lacs after deducting an amount of Rs.7 lacs as cost of acquisition. The Department

MRS.GRACY BABU,ADOOR P.O., PATHANAMTHITTA vs. THE DCIT, CEN-CIRCLE, KOTTAYAM

In the result, all the appeals filed by the assessee are dismissed

ITA 208/COCH/2019[2009-10]Status: DisposedITAT Cochin22 May 2025AY 2009-10

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Anil D.Nair, AdvocateFor Respondent: Sri.Sundarasan S, CIT-DR
Section 132Section 143(3)Section 153ASection 153C

capital gains on the amount of Rs.35 lacs after deducting an amount of Rs.7 lacs as cost of acquisition. The Department

MRS.REENA JOSE,PATHANAMTHITTA vs. THE DCIT, CEN-CIRCLE,, KOTTAYAM

In the result, all the appeals filed by the assessee are dismissed

ITA 207/COCH/2019[2009-10]Status: DisposedITAT Cochin22 May 2025AY 2009-10

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Anil D.Nair, AdvocateFor Respondent: Sri.Sundarasan S, CIT-DR
Section 132Section 143(3)Section 153ASection 153C

capital gains on the amount of Rs.35 lacs after deducting an amount of Rs.7 lacs as cost of acquisition. The Department

SRI.JOSE THOMAS,ADOOR P.O., PATHANAMTHITTA vs. THE ACIT,CEN-CIRCLE, KOTTAYAM

In the result, all the appeals filed by the assessee are dismissed

ITA 211/COCH/2019[2009-10]Status: DisposedITAT Cochin22 May 2025AY 2009-10

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Anil D.Nair, AdvocateFor Respondent: Sri.Sundarasan S, CIT-DR
Section 132Section 143(3)Section 153ASection 153C

capital gains on the amount of Rs.35 lacs after deducting an amount of Rs.7 lacs as cost of acquisition. The Department

KUMAR MADHAVANPILLAI.S,THIRUVANANTHAPURAM vs. ITO, WARD-1(4), TRIVANDRUM

In the result, the appeal of the assessee is hereby allowed

ITA 461/COCH/2024[2017-2018]Status: DisposedITAT Cochin03 Oct 2024AY 2017-2018

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Kumar Madhavanpillai S. Income Tax Officer -1(4) Chandra Press & Book Depot Aayakar Bhavan, Kowdiar P.O. Manjalikulam Road Thiruvananthapuram 695003 Vs. Thampanoor Thiruvananthapuram 695001 [Pan: Ajxps9299P] (Appellant) (Respondent)

For Appellant: Shri Anil Krishnan, AdvocateFor Respondent: Smt. Girly Albert, Sr. D.R
Section 50Section 54

deduction in calculating the amount of capital gain. ii. Whether the short-term capital gain is eligible for exemption under

PALLATHUKADAVIL IBRAHIMKUTTY ABDUL KABEER,ERNAKULAM vs. THE PCIT KOCHI-1, KOCHI

In the result, the assessee’s appeal is partly allowed on the above terms, and his SA dismissed

ITA 428/COCH/2023[2018-19]Status: DisposedITAT Cochin30 Apr 2024AY 2018-19

Bench: Shri Sanjay Arora, Accountantmemberand Ms. Kavitha Rajagopal, Judicialmember & Sa No. 78/Coch/2023 (Assessment Year: 2018-19) Pallathukadavil Ibrahimkutty Principal Cit – 1 Abdul Kabeer C.R. Building, I.S. Press Road 71, Pallathukadavil Vs. Kochi 682018 Kanjoor P.O., Ernakulam 682575 [Pan: Aaopi0584P] (Appellant) (Respondent)

For Appellant: Shri Padmanathan K.V., AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 263Section 263(1)Section 54B

deduction on capital gains. The assessment was completed at the returned income accepting the explanations and evidences furnished by the assessee

REJI KRISHNAN,TRIVANDRUM vs. ITO, WARD-1(1), TRIVANDRUM

In the result, the appeal filed by the assessee is partly allowed and the stay application is dismissed as infructuous

ITA 267/COCH/2024[AY 2018-2019]Status: DisposedITAT Cochin26 Jul 2024

Bench: Shri Chandra Poojari & Shri Soundararajan K

For Appellant: Dr. Abhishek Murali, CAFor Respondent: Sri. Sanjit Kumar Das, CIT-DR
Section 143(2)Section 234Section 54F

deduction u/s.54F of the Act on the capital gains by stating that he had invested the sale proceeds of the two capital

SRI.K.P. JOHNY,THRISSUR vs. THE DCIT, CIRCLE-2(1), THRISSUR

In the result, both the assessee’s and the Revenue’s appeals are partly allowed and partly allowed for statistical purposes

ITA 206/COCH/2019[2014-15]Status: DisposedITAT Cochin09 Oct 2023AY 2014-15

Bench: Shri Sanjay Arora & Shri Manomohan Dask.P. Johny Asst. Cit, Manappuram House Circle – 2(1) Hospital Road, Chalakkudy Aayakar Bhavan Vs. Thrissur 680307 Sakthan Thampuran Nagar [Pan:Acgpj4958G] Thrissur 680001 (Appellant) (Respondent) Asst. Cit, K.P. Johny Circle – 2(1) Manappuram House Aayakar Bhavan Hospital Road, Chalakkudy Vs. Sakthan Thampuran Nagar Thrissur 680307 Thrissur 680001 [Pan: Acgpj4958G] (Appellant) (Respondent)

For Appellant: Shri T.M. Sreedharan, Sr. Advocate (with Smt. Divya Ravindran, Adv. with him)For Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 131(1)Section 133ASection 147Section 148(1)Section 69

deduction as for rs. 70.50 lacs. [[ [[ 10.2 We may also clarify that we are conscious that we may be, in view of the manner in which we have decided the instant appeals, charged with having altered the issue under appeal and, thus, exceeded our purview. The charge is misconceived. Capital gain

THE DCIT, CIRCLE-2(1), THRISSUR vs. SRI.K.P. JOHNY, THRISSUR

In the result, both the assessee’s and the Revenue’s appeals are partly allowed and partly allowed for statistical purposes

ITA 254/COCH/2019[2014-15]Status: DisposedITAT Cochin09 Oct 2023AY 2014-15

Bench: Shri Sanjay Arora & Shri Manomohan Dask.P. Johny Asst. Cit, Manappuram House Circle – 2(1) Hospital Road, Chalakkudy Aayakar Bhavan Vs. Thrissur 680307 Sakthan Thampuran Nagar [Pan:Acgpj4958G] Thrissur 680001 (Appellant) (Respondent) Asst. Cit, K.P. Johny Circle – 2(1) Manappuram House Aayakar Bhavan Hospital Road, Chalakkudy Vs. Sakthan Thampuran Nagar Thrissur 680307 Thrissur 680001 [Pan: Acgpj4958G] (Appellant) (Respondent)

For Appellant: Shri T.M. Sreedharan, Sr. Advocate (with Smt. Divya Ravindran, Adv. with him)For Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 131(1)Section 133ASection 147Section 148(1)Section 69

deduction as for rs. 70.50 lacs. [[ [[ 10.2 We may also clarify that we are conscious that we may be, in view of the manner in which we have decided the instant appeals, charged with having altered the issue under appeal and, thus, exceeded our purview. The charge is misconceived. Capital gain

MR.P.C.JOSE,,COCHIN vs. DCIT, COCHIN

In the result, the assessee’s appeal is dismissed, and the Revenue’s appeal is partly allowed and partly allowed for statistical purposes

ITA 54/COCH/2012[2008-09]Status: DisposedITAT Cochin23 Apr 2024AY 2008-09

Bench: Shri Sanjay Arora & Shri Manomohan Dasp.C. Jose Deputy Commissioner Of Prop. Brothers Agencies Income Tax, Circle-2(1) Jews Street Vs. Kochi Ernakulam 682031 [Pan: Abbpj8250F] (Appellant) (Respondent) Deputy Commissioner Of P.C. Jose Income Tax, Circle-2(1) Prop. Brothers Agencies Kochi Vs. Jews Street Ernakulam 682031 [Pan: Abbpj8250F] (Appellant) (Respondent)

For Appellant: ----- None -----For Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)

deducted in computing the capital gain for the current year. His order reads as: ‘IV Ground No.7 The appellant challenges

GOPALAKRISHNAN PUKALAKKAT BALAKRISHNAN,ERNAKULAM vs. ASSISTANT COMMISSIONER, NON CORP CIRCLE 2(1), KOCHI

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 295/COCH/2024[2016-17]Status: DisposedITAT Cochin15 Jul 2025AY 2016-17

Bench: Shri Inturi Rama Rao & Shri Soundararajan K.Assessment Year : 2016-17

For Respondent: Shri Sherry S Oommen
Section 143(3)Section 57

deduction claimed u/s. 57 and b) Low capital gains with respect to sale consideration 3. The assessee participated in the assessment

SMT. MARIES JOSEPH,THRISSUR vs. DCIT, INT. TAXATION, KOCHI, KOCHI

In the result, appeal in ITA No

ITA 566/COCH/2022[2015-2016]Status: DisposedITAT Cochin02 Jan 2023AY 2015-2016

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S

For Appellant: Shri. Arun Raj S, AdvocateFor Respondent: Smt. J M Jamuna Devi, Sr AR
Section 250Section 271(1)(c)Section 54F

deduction u/s.54F be allowed against the entire capital gain since she has paid an amount of Rs 91,81,814/- for investment

SMT. MARIES JOSEPH,THRISSUR vs. DCIT, INT. TAXATION, KOCHI, KOCHI

In the result, appeal in ITA No

ITA 613/COCH/2022[2015-2016]Status: DisposedITAT Cochin02 Jan 2023AY 2015-2016

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S

For Appellant: Shri. Arun Raj S, AdvocateFor Respondent: Smt. J M Jamuna Devi, Sr AR
Section 250Section 271(1)(c)Section 54F

deduction u/s.54F be allowed against the entire capital gain since she has paid an amount of Rs 91,81,814/- for investment

SMT SUNITHA PREM VICTOR,TRIVANDRUM vs. ITO WARD 2(3), TRIVANDRUM

In the result, the assessee’s appeal is partly allowed for statistical purposes

ITA 1009/COCH/2022[2014-15]Status: DisposedITAT Cochin30 Oct 2023AY 2014-15

Bench: Shri Sanjay Arora & Shri Manomohan Dassunita Prem Victor The Income Tax Officer Tc 25/2813 Mathrubhumi Road Ward – 2(3) Vs. Vanchiyoor, Trivandrum 695035 Trivandrum [Pan:Akopv8566C] (Appellant) (Respondent) Assessee By: Ms. Divya Ravindran, Advocate Revenue By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 11.10.2023 Date Of Pronouncement: 30.10.2023 O R D E R Per Sanjay Arora, Am This Is An Appeal By The Assessee Against The Order Dated 26.10.2022 By The Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)],Partly Allowing Her Appeal Contesting Her Assessment Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) Dated 27.12.2016 For Assessment Year (Ay) 2014-15. 2. The Brief Facts Of The Case Are That The Assessee Returned Her Income For The Relevant Year On 18.12.2014 At Rs.5,67,250, Claiming Deduction Under Section 54 Of The Act At Rs.91,05,096 In Respect Of Construction Of A Residential House During The Relevant Year Against The Capital Gain Arising To Her On Sale Of 3 Pieces Of Land Sold During March, 2013 To November, 2013. The Claim Was, Admitting Her Mistake Inasmuch As The Capital Asset/S Sold Was Not A Residential House, Requested By The Assessee Vide Letter Dated 29.11.2016 For Being Considered U/S. 54F Of The Act; She Not Owning Any Other Residential House On The Date Of Transfer/S. Earlier, On 25.11.2016, A Revised Statement Of Income Was Filed Claiming Exemption With Reference To The Total

For Appellant: Ms. Divya Ravindran, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 139(1)Section 139(4)Section 139(5)Section 143(3)Section 54Section 54F

deduction under section 54 of the Act at Rs.91,05,096 in respect of construction of a residential house during the relevant year against the capital gain

BENEESH KUMAR,KOCHI vs. ITO, NON CORP WARD 1(1), KOCHI

In the result, appeal filed by the assessee stands partly allowed

ITA 1161/COCH/2024[2013-14]Status: DisposedITAT Cochin29 Apr 2025AY 2013-14

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm Assessment Year: 2013-14 Beneesh Kumar .......... Appellant Madathuparambu House, Thattzham Road Vaduthala, Kochi 682023 [Pan: Agipb7548Q] Vs. The Income Tax Officer .......... Respondent Non-Corporate Ward, Kochi Appellant By: Shri Ramesh Cherian, Advocate Respondent By: Shri Omanakutan, Sr. D.R. Date Of Hearing: 19.03.2025 Date Of Pronouncement: 29.04.2025

For Appellant: Shri Ramesh Cherian, AdvocateFor Respondent: Shri Omanakutan, Sr. D.R
Section 143(3)Section 250Section 282(1)Section 54Section 54F

deduction u/s. 54 of the Act. 3. The factual background leading to the above addition is that during the previous year relevant to assessment year under consideration the appellant had sold immovable property for a consideration of Rs. 62,31,820/- which was purchased on 12.03.2004 for a consideration of Rs. 1,62,000/-. The appellant returned capital gains

RAJESHWARI C MENON,THRISSUR vs. DCIT ,INTERNATIONAL TAXATION, KOCHI

The appeal of the assessee is hereby partly allowed

ITA 616/COCH/2023[2013-14]Status: DisposedITAT Cochin03 Oct 2024AY 2013-14

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Satish Kishore C. Menon Dcit (International Taxation) Krishna Vihar, Kuruvath Lane Kochi Sankarayya Road Vs. Thrissur 680004 [Pan: Bwrpm3657H] (Appellant) (Respondent) Jayalakshmi C. Menon Dcit (International Taxation) Krishna Vihar, Kuruvath Lane Kochi Sankarayya Road Vs. Thrissur 680004 [Pan: Bvypm1772M] (Appellant) (Respondent) Rajeshwari C. Menon Dcit (International Taxation) Krishna Vihar, Kuruvath Lane Kochi Sankarayya Road Vs. Thrissur 680004 [Pan: Bvypm1866N] (Appellant) (Respondent)

For Appellant: Shri K. Kittu, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 16A(6)Section 55A

deduct the same from actual sale price of the article for arriving at the figure of capital gain, it would

SATISH KISHORE C MENON,THRISSUR vs. DCIT INTERNATIONAL TAXATION, KOCHI

The appeal of the assessee is hereby partly allowed

ITA 614/COCH/2023[2013-14]Status: DisposedITAT Cochin03 Oct 2024AY 2013-14

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Satish Kishore C. Menon Dcit (International Taxation) Krishna Vihar, Kuruvath Lane Kochi Sankarayya Road Vs. Thrissur 680004 [Pan: Bwrpm3657H] (Appellant) (Respondent) Jayalakshmi C. Menon Dcit (International Taxation) Krishna Vihar, Kuruvath Lane Kochi Sankarayya Road Vs. Thrissur 680004 [Pan: Bvypm1772M] (Appellant) (Respondent) Rajeshwari C. Menon Dcit (International Taxation) Krishna Vihar, Kuruvath Lane Kochi Sankarayya Road Vs. Thrissur 680004 [Pan: Bvypm1866N] (Appellant) (Respondent)

For Appellant: Shri K. Kittu, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 16A(6)Section 55A

deduct the same from actual sale price of the article for arriving at the figure of capital gain, it would

JAYALAKSHMI C MENON,THRISSUR vs. DCIT INTERNATIONAL TAXATION, KOCHI

The appeal of the assessee is hereby partly allowed

ITA 615/COCH/2023[2013-14]Status: DisposedITAT Cochin03 Oct 2024AY 2013-14

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Satish Kishore C. Menon Dcit (International Taxation) Krishna Vihar, Kuruvath Lane Kochi Sankarayya Road Vs. Thrissur 680004 [Pan: Bwrpm3657H] (Appellant) (Respondent) Jayalakshmi C. Menon Dcit (International Taxation) Krishna Vihar, Kuruvath Lane Kochi Sankarayya Road Vs. Thrissur 680004 [Pan: Bvypm1772M] (Appellant) (Respondent) Rajeshwari C. Menon Dcit (International Taxation) Krishna Vihar, Kuruvath Lane Kochi Sankarayya Road Vs. Thrissur 680004 [Pan: Bvypm1866N] (Appellant) (Respondent)

For Appellant: Shri K. Kittu, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 16A(6)Section 55A

deduct the same from actual sale price of the article for arriving at the figure of capital gain, it would