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85 results for “capital gains”+ Section 112clear

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Key Topics

Section 250117Section 143(3)56Section 37(1)26Section 14A18Disallowance17Section 26315Addition to Income12Section 457Section 577Natural Justice

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

ITA 67/COCH/2018[2008-09]Status: DisposedITAT Cochin03 Apr 2023AY 2008-09

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

For Appellant: Smt. J.M. Jamuna Devi, Sr. DRFor Respondent: Shri C.B.M. Warrier, FCA
Section 132Section 153CSection 268A

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

M/S POPULAR FINANCE COMPANY,PATHANAMTHITTA vs. THE ACIT,CIR-1,, THIRUVALLA

Showing 1–20 of 85 · Page 1 of 5

7
Section 87A6
Deduction4

In the result, the appeals of the Revenue are partly allowed for statistical purposes

ITA 202/COCH/2019[2014-15]Status: DisposedITAT Cochin03 Dec 2019AY 2014-15

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(2)Section 143(3)Section 263Section 37(1)

capital borrowed for the purpose of business or profession, therefore, proposal to apply provisions of section 37(1), which is obviously a general provision for all expense, is unreasonable and unsustainable in law. 5. Attention is invited to the original assessment order passed by the AO, wherein he made necessary enquiries and verifications while framing the same. Hence order under

M/S POPULAR FINANCE COMPANY,PATHANAMTHITTA vs. THE ACIT,CIR-1,, THIRUVALLA

In the result, the appeals of the Revenue are partly allowed for statistical purposes

ITA 204/COCH/2019[2014-15]Status: DisposedITAT Cochin03 Dec 2019AY 2014-15

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(2)Section 143(3)Section 263Section 37(1)

capital borrowed for the purpose of business or profession, therefore, proposal to apply provisions of section 37(1), which is obviously a general provision for all expense, is unreasonable and unsustainable in law. 5. Attention is invited to the original assessment order passed by the AO, wherein he made necessary enquiries and verifications while framing the same. Hence order under

M/S.POPULAR FINANCE,PATHANAMTHITTA vs. THE ACIT, CIRCLE-1, THIRUVALLA

In the result, the appeals of the Revenue are partly allowed for statistical purposes

ITA 203/COCH/2019[2014-15]Status: DisposedITAT Cochin03 Dec 2019AY 2014-15

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(2)Section 143(3)Section 263Section 37(1)

capital borrowed for the purpose of business or profession, therefore, proposal to apply provisions of section 37(1), which is obviously a general provision for all expense, is unreasonable and unsustainable in law. 5. Attention is invited to the original assessment order passed by the AO, wherein he made necessary enquiries and verifications while framing the same. Hence order under

DCIT, THIRUVALLA vs. MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, KOZHENCHERRY

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 70/COCH/2018[2003-04]Status: HeardITAT Cochin21 Feb 2019AY 2003-04

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 37(1)Section 45Section 57

Gains of Profession or Business? 4.3. What would be the income assessable if the transactions carried, with funds borrowed from public, are treated as illegal business? 4.3.1. From the facts as discussed above at para 4.1, it is evident that the assessing officer classified the fund borrowed by the assessee from public as illegal in nature since

DCIT, THIRUVALLA vs. MUTHOOT PROPERTIES & INVESTMENTS,, KOZHENCHERRY

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 74/COCH/2018[2003-04]Status: HeardITAT Cochin21 Feb 2019AY 2003-04

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 37(1)Section 45Section 57

Gains of Profession or Business? 4.3. What would be the income assessable if the transactions carried, with funds borrowed from public, are treated as illegal business? 4.3.1. From the facts as discussed above at para 4.1, it is evident that the assessing officer classified the fund borrowed by the assessee from public as illegal in nature since

DCIT, THIRUVALLA vs. MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, KOZHENCHERRY

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 72/COCH/2018[2007-08]Status: HeardITAT Cochin21 Feb 2019AY 2007-08

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 37(1)Section 45Section 57

Gains of Profession or Business? 4.3. What would be the income assessable if the transactions carried, with funds borrowed from public, are treated as illegal business? 4.3.1. From the facts as discussed above at para 4.1, it is evident that the assessing officer classified the fund borrowed by the assessee from public as illegal in nature since

DCIT, THIRUVALLA vs. MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, KOZHENCHERRY

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 71/COCH/2018[2004-05]Status: HeardITAT Cochin21 Feb 2019AY 2004-05

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 37(1)Section 45Section 57

Gains of Profession or Business? 4.3. What would be the income assessable if the transactions carried, with funds borrowed from public, are treated as illegal business? 4.3.1. From the facts as discussed above at para 4.1, it is evident that the assessing officer classified the fund borrowed by the assessee from public as illegal in nature since

THE ACIT, THIRUVALLA vs. M/S.MUTHOOT PROPERTIES & INVESTMENTS, KOZHENCHERRY

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 75/COCH/2018[2005-06]Status: HeardITAT Cochin21 Feb 2019AY 2005-06

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 37(1)Section 45Section 57

Gains of Profession or Business? 4.3. What would be the income assessable if the transactions carried, with funds borrowed from public, are treated as illegal business? 4.3.1. From the facts as discussed above at para 4.1, it is evident that the assessing officer classified the fund borrowed by the assessee from public as illegal in nature since

THE ACIT, CIRCLE-1, THIRUVALLA, THIRUVALLA vs. MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, PATHANAMTHITTA

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 69/COCH/2018[2002-03]Status: HeardITAT Cochin21 Feb 2019AY 2002-03

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 37(1)Section 45Section 57

Gains of Profession or Business? 4.3. What would be the income assessable if the transactions carried, with funds borrowed from public, are treated as illegal business? 4.3.1. From the facts as discussed above at para 4.1, it is evident that the assessing officer classified the fund borrowed by the assessee from public as illegal in nature since

THE ACIT, THIRUVALLA vs. M/S.MUTHOOT PROPERTIES & INVESTMENTS, KOZHENCHERRY

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 73/COCH/2018[2002-03]Status: HeardITAT Cochin21 Feb 2019AY 2002-03

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 37(1)Section 45Section 57

Gains of Profession or Business? 4.3. What would be the income assessable if the transactions carried, with funds borrowed from public, are treated as illegal business? 4.3.1. From the facts as discussed above at para 4.1, it is evident that the assessing officer classified the fund borrowed by the assessee from public as illegal in nature since

MARIA JOHN,WAYANAD vs. INCOME TAX OFFICER, WARD 1, KALPETTA

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

ITA 400/COCH/2025[2024-25]Status: DisposedITAT Cochin31 Jul 2025AY 2024-25

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2024-25 Maria John .......... Appellant Nooranal, Sultan Bathery, Chungam, Wayanad. [Pan: Fadpm 3434 G] Vs. Ito, Ward-1, Kalpetta .......... Respondent

For Appellant: NoneFor Respondent: Smt. Leena Lal, Sr. DR
Section 112Section 143(1)Section 87Section 87A

capital gain by making reference to the provisions of section 112 of the Act. 4. Being aggrieved, the assessee is in appeal

THE DCIT, COCHIN vs. M/S.ASPINWALL & CO. LTD, COCHIN

In the result,the appeal of the Revenue in ITA No

ITA 133/COCH/2017[2012-13]Status: DisposedITAT Cochin19 May 2020AY 2012-13

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

Section 14A

gains / losses in India, two key ingredients have to be satisfied - There should be a 'capital asset’ There should be a 'transfer' In the current case, it was submitted that the assets in question are shares of a company which are capital assets. The term 'transfer1 as defined u/s 2(47) of the Act includes, inter-alia, sale, exchange

ASPINWALL & COMPANY LTD,COCHIN vs. THE ACIT, COCHIN

In the result,the appeal of the Revenue in ITA No

ITA 61/COCH/2015[2006-07]Status: DisposedITAT Cochin19 May 2020AY 2006-07

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

Section 14A

gains / losses in India, two key ingredients have to be satisfied - There should be a 'capital asset’ There should be a 'transfer' In the current case, it was submitted that the assets in question are shares of a company which are capital assets. The term 'transfer1 as defined u/s 2(47) of the Act includes, inter-alia, sale, exchange

M/S ASPINWALL & CO.,LTD,COCHIN vs. THE ACIT, COCHIN

In the result,the appeal of the Revenue in ITA No

ITA 128/COCH/2017[2012-13]Status: DisposedITAT Cochin19 May 2020AY 2012-13

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

Section 14A

gains / losses in India, two key ingredients have to be satisfied - There should be a 'capital asset’ There should be a 'transfer' In the current case, it was submitted that the assets in question are shares of a company which are capital assets. The term 'transfer1 as defined u/s 2(47) of the Act includes, inter-alia, sale, exchange

ASPINWALL & COMPANY LTD,COCHIN vs. THE ACIT, COCHIN

In the result,the appeal of the Revenue in ITA No

ITA 60/COCH/2015[2006-07]Status: DisposedITAT Cochin19 May 2020AY 2006-07

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

Section 14A

gains / losses in India, two key ingredients have to be satisfied - There should be a 'capital asset’ There should be a 'transfer' In the current case, it was submitted that the assets in question are shares of a company which are capital assets. The term 'transfer1 as defined u/s 2(47) of the Act includes, inter-alia, sale, exchange

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

Appeal is partly allowed for statistical purpose

ITA 132/COCH/2023[2016-17]Status: DisposedITAT Cochin19 Nov 2024AY 2016-17

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)

For Appellant: Shri P. M. Veeramani, CAFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 2(47)Section 2(47)(V)Section 250Section 50CSection 53ASection 56(2)(vii)

capital asset of the recipient and therefore would not apply to stock-in-trade, raw material and consumable stores of any business of such recipient. C. In several cases of immovable property transactions, there is a time gap between the booking of a property and the receipt of such property on registration, which results in a taxable differential

KAKKOTTAKATH NADUVILAPURAYIL JUNAID,KANNUR vs. ACIT, CENTRAL CIRCLE-1, KOZHIKODE

In the result, appeal of the assessee is hereby dismissed

ITA 498/COCH/2024[2018-2019]Status: DisposedITAT Cochin20 Dec 2024AY 2018-2019

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

gain, and with no indication that these credits were related to investments in the foreign entity, the argument stands that these transactions were purely for charitable purposes. The lack of material evidence to suggest otherwise leads to the conclusion that these payments do not support the revenue’s claim of unaccounted investment. 20.20 Without prejudice to the above finding

KAKKOTTAKATH NADUVILAPURAYIL JUNAID,KANNUR vs. ACIT, CENTRAL CIRCLE-1, KOZHIKODE

In the result, appeal of the assessee is hereby dismissed

ITA 497/COCH/2024[2017-2018]Status: DisposedITAT Cochin20 Dec 2024AY 2017-2018

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

gain, and with no indication that these credits were related to investments in the foreign entity, the argument stands that these transactions were purely for charitable purposes. The lack of material evidence to suggest otherwise leads to the conclusion that these payments do not support the revenue’s claim of unaccounted investment. 20.20 Without prejudice to the above finding

ABC BUILDWARES INDIA(P) LIMITED,KANNUR vs. ACIT, CENTRAL CIRCLE-1, KOZHIKODE

In the result, appeal of the assessee is hereby dismissed

ITA 454/COCH/2024[2017-2018]Status: DisposedITAT Cochin20 Dec 2024AY 2017-2018

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

gain, and with no indication that these credits were related to investments in the foreign entity, the argument stands that these transactions were purely for charitable purposes. The lack of material evidence to suggest otherwise leads to the conclusion that these payments do not support the revenue’s claim of unaccounted investment. 20.20 Without prejudice to the above finding