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

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

25,40,400/- per acre. Thus there was different of amount of Rs.15 lakhs per acre. This difference cannot be considered as a receipt for sale of agricultural property since a similar property was sold by trustees at around Rs.15 lakhs per acre. According to the Department, the assessee adopted colourable devices to receive the amount from Believers Church

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

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

25,40,400/- per acre. Thus there was different of amount of Rs.15 lakhs per acre. This difference cannot be considered as a receipt for sale of agricultural property since a similar property was sold by trustees at around Rs.15 lakhs per acre. According to the Department, the assessee adopted colourable devices to receive the amount from Believers Church

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

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

25,40,400/- per acre. Thus there was different of amount of Rs.15 lakhs per acre. This difference cannot be considered as a receipt for sale of agricultural property since a similar property was sold by trustees at around Rs.15 lakhs per acre. According to the Department, the assessee adopted colourable devices to receive the amount from Believers Church

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

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

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)

section 54 of the Act on account of investment in residential property i.e. only for TC No. 25/1729. Thus, the net long term capital gain was worked out at Rs. 1,19,46,720/-only chargeable to tax. 7. Likewise, the AO treated the other three property as short term capital assets and accordingly worked out short term capital gain

THE DCIT,CEN-CIRCLE,, THRISSUR vs. SRI.T.G. CHANDRAKUMAR, THRISSUR

In the result, the Appeal by the Revenue is allowed on the aforesaid terms

Bench: Shri Sanjay Arora (Accountant Member), Shri Sandeep Gosain (Judicial Member)

section (3) thereof, would have no bearing on the merits of the case. The decision by the first appellate authority for that year, as for the current year, cannot bind this Tribunal, so that the matter cannot be regarded as covered, and would require being adjudicated by it on merits. The same would though be relevant and taken into account

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

In the result, appeal in ITA No

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

25-9-2014. Out of the above total extent the assessee's portion admeasuring 4.98 acres of land was sold for Rs 1,49,50,575/- The portion admeasuring 20.61 acres of land belonging to the assessee's husband was sold for consideration of Rs 6,19,76,305/-. After claiming indexed cost of acquisition by the assesee, the long

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

In the result, appeal in ITA No

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

25-9-2014. Out of the above total extent the assessee's portion admeasuring 4.98 acres of land was sold for Rs 1,49,50,575/- The portion admeasuring 20.61 acres of land belonging to the assessee's husband was sold for consideration of Rs 6,19,76,305/-. After claiming indexed cost of acquisition by the assesee, the long

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

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)

section 143(3) of the Income Tax Act, 1961 (‘the Act’ hereinafter) dated 29.12.2010 for Assessment Year (AY) 2008-09. ITA Nos. 54& 84/Coch/2012 (AY: 2008-09) P.C. Jose v. Dy CIT / Dy. CIT v. P.C. Jose Ex-parte Order 2. The appeals were heard at length on 10.08.2023, covering all the issues, including the principal one, being the assessment

ACIT, COCHIN vs. SRI.P.C.JOSE, COCHIN

In the result, appeal filed by the assessee stands allowed and Revenue’s appeal stands dismissed

Bench: Shri Inturi Rama Rao, Am & Shri Keshav Dubey, Jm Assessment Year: 2008-09 P.C. Jose .......... Appellant Brothers Agencies, Jews Street Ernakulam 682031 [Pan: Abbpj8250F] Vs. Dy. Commissioner Of Income Tax .......... Respondent Circle - 2(1), Kochi Assessment Year: 2008-09 Dy. Commissioner Of Income Tax .......... Appellant Circle - 2(1), Kochi Vs. P.C. Jose .......... Respondent Brothers Agencies, Jews Street Ernakulam 682031 [Pan: Abbpj8250F] Assessee By: Shri R. Krishnan, Ca Revenue By: Shri Sanjit Kumar Das & Smt. Leena Lal, Sr. D.R. Date Of Hearing: 20.02.2025 Date Of Pronouncement: 18.03.2025 P.C. Jose

capital gain only Rs. 33,25,059/- is to be allowed and the balance amount of Rs. 9,00,000/- to be confirmed, as the same was claimed in respect of properties held to be agricultural land. The CIT(A) also held that the AO was not justified in disallowing the loss arising from the business of card division

M/S.APOLLO TYRES LTD,COCHIN vs. THE PRINCIPAL COMMISSIONER OF INCOMETAX, COCHIN

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

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm Assessment Year: 2013-14 Apollo Tyres Ltd. .......... Appellant 3Rd Floor, Areekal Mansion, Panampilly Nagar, Kochi 682036 [Pan: Aaaca6990Q] Vs. Dcit, Corporate Circle-1(1), Kochi ......... Respondent Assessee By: Shri Abraham Joseph Markos, Adv. Revenue By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 20.08.2025 Date Of Pronouncement: 01.09.2025

25 Apollo Tyres Ltd. contention of the appellant that reimbursements are not taxable in India under the DTAA or under the provisions of Income Tax Act and the assessee placed reliance on the following decisions: - i. CIT v. Dunlop Rubber Co. Ltd. [1983] 142 ITR 493 (Delhi) ii. Siemens Aktiongesellschaft 177 Taxman 82 (Bom HC) iii. CIT vs. Industrial Engineering

M/S.KANNAN DEVAN HILLS PLANTATIONS COMPANY P. LTD,IDUKKI vs. THE ACIT, COCHIN

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

Bench: SMT. BEENA PILLAI (Judicial Member), MS. PADMAVATHY S (Accountant Member)

capital in nature. Considering the facts and circumstances of the case as discussed above and also taking into account that similar claim was not accepted in earlier assessment years from A.Y. 2010-11 to 2014-15 for detailed reasons given in the assessment orders for that assessment years, the claim of the assessee u/s. 10(30) this year also

SANATANA DHARMA VIDYASALA,ALAPPUZHA vs. THE COMMISSIONER OF INCOME TAX (EXEMPTION), KOCHI, KOCHI

In the result, appeal of the assessee is allowed for statistical purpose

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

gains of business, the condition that such income would not be liable to inclusion in its total income under the provisions of section 11 shall not apply in relation to such income, if— (a) the institution or fund maintains separate books of account in respect of such business; 7 ITA.Nos.278 & 279/COCH./2024 (b) the donations made to the institution

SANATANA DHARMA EDUCATIONAL AND CULTURAL SOCIETY,ALAPPUZHA vs. THE COMMISSIONER OF INCOME TAX (EXEMPTION), KOCHI, KOCHI

In the result, appeal of the assessee is allowed for statistical purpose

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

gains of business, the condition that such income would not be liable to inclusion in its total income under the provisions of section 11 shall not apply in relation to such income, if— (a) the institution or fund maintains separate books of account in respect of such business; 7 ITA.Nos.278 & 279/COCH./2024 (b) the donations made to the institution

BEAVER ESTATES PRIVATE LIMITED,KOCHI vs. ASSISTANT COMMISSIONER OF INCOME TAX , CORPORATE RANGE 1, KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhgood Homes Pvt. Ltd. Acit, Corporate Range-1 3Rd Floor, Puthuran Plaza C.R. Building, Is Press Road Mg Road, Kpcc Junction Vs. Kochi 682018 Ernakulam 682011 [Pan: Aabcg0444L] (Appellant) (Respondent) Beaver Estates Pvt. Ltd Acit, Corporate Range-1 Asian School Of Architecture C.R. Building, Is Press Road & Design Innovation Kochi 682018 Vs. Silversand Island, Vytila Road Ernakulam 682019 [Pan: Aadcb0193M] (Appellant) (Respondent)

Section 250 of the income-tax Act, 1961 (the Act) by the Commissioner of Income Tax (Appeals), Kochi-1 on the following grounds which are independent and without prejudice to each other. 2. That on facts and in law, the orders passed by both the Assessing Officer (hereinafter referred to as the "AO") and the Commissioner of Income Tax (Appeals

GOOD HOMES PRIVATE LIMITED,KOCHI vs. ASST COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(1), KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhgood Homes Pvt. Ltd. Acit, Corporate Range-1 3Rd Floor, Puthuran Plaza C.R. Building, Is Press Road Mg Road, Kpcc Junction Vs. Kochi 682018 Ernakulam 682011 [Pan: Aabcg0444L] (Appellant) (Respondent) Beaver Estates Pvt. Ltd Acit, Corporate Range-1 Asian School Of Architecture C.R. Building, Is Press Road & Design Innovation Kochi 682018 Vs. Silversand Island, Vytila Road Ernakulam 682019 [Pan: Aadcb0193M] (Appellant) (Respondent)

Section 250 of the income-tax Act, 1961 (the Act) by the Commissioner of Income Tax (Appeals), Kochi-1 on the following grounds which are independent and without prejudice to each other. 2. That on facts and in law, the orders passed by both the Assessing Officer (hereinafter referred to as the "AO") and the Commissioner of Income Tax (Appeals

GOOD HOMES PVT LTD,KOCHI vs. DEPUTY COMMISSIONER OF INCOME TAX CORPORATE CIRCLE 1(1), KOCHI

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

Bench: Shri Sanjay Arora, Am &Shriabyt.Varkey, Jm

section 147 r.w.s. 143(3) of the Income-tax Act, 1961 (hereinafter ‘the Act’) dated 18.3.2015 and 29.3.2014 for assessment year (AY) 2007-2008, respectively. The background facts of both the cases being same, these are heard together, and are being disposed of pera common, consolidated order for the sake of convenience. ITA Nos.870& 884 /Coch/2022 (AY 2007-08) Ajit

AJIT ASSOCIATES PRIVATE LIMITED,ERNAKULAM vs. JCIT, CORPORATE RANGE - 1, KOCHI

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

Bench: Shri Sanjay Arora, Am &Shriabyt.Varkey, Jm

section 147 r.w.s. 143(3) of the Income-tax Act, 1961 (hereinafter ‘the Act’) dated 18.3.2015 and 29.3.2014 for assessment year (AY) 2007-2008, respectively. The background facts of both the cases being same, these are heard together, and are being disposed of pera common, consolidated order for the sake of convenience. ITA Nos.870& 884 /Coch/2022 (AY 2007-08) Ajit

SILLS KARINGATTIL JOSE,NEDUMKANDOM vs. ITO WARD 2, THODUPUZHA

Appeal is partly allowed for statistical purpose

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhsils Karingattil Jose Income Tax Officer Np 3/406, Karingattil Ward - 2, House, Munnar Road Thodupuzha Vs. Nedumkandom P.O. [Pan: Afopj8789C] (Appellant) (Respondent)

gains accruing on allotment of fresh shares will be offset by the loss in the value of existing shares. 10. The Tribunal, in support of its finding relied upon the decision in the case of Dy. CIT v. Smt. Veena Goyal# and on a decision in the case of ITO v. Rajeev Ratanlal Tulshyan##. The Tribunal, therefore held that