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

142 ITR 493 (Delhi) ii. Siemens Aktiongesellschaft 177 Taxman 82 (Bom HC) iii. CIT vs. Industrial Engineering Projects (P.) Ltd. [1993] 202 IATR 1014 (Delhi) iv. DLF Commercial Project Corporation 379 ITR 538 (Delhi) v. Tejaji Farasram Kharawalla Ltd. [1968] 67 ITR 95 (SC) vi. DECTA 237 ITR 190 AAR vii. ABB Ltd. 189 Taxmann 422 viii. Ernst and Young

THOMAS VARGHESE,TRIVANDRUM vs. DEPUTY COMMISSIONER OF INCOME TAX, TRIVANDRUM

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

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm Assessment Year: 2010-11 Thomas Varghese .......... Appellant Manthottathu Bunglow, Hose No. 38 Lane 1, Peroorada, Trivandrum 695005 [Pan: Altpv0273E] Vs. Dy. Commissioner Of Income Tax .......... Respondent International Taxation Thiruvananthapuram Appellant By: ------- None ------- Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 21.01.2025 Date Of Pronouncement: 04.02.2025

capital gain. Therefore, notices under sections 143(2) and 142(1) were issued to the assessee, which were not complied

THE ITO, COCHIN vs. SRI.AMBADY KRISHNA MENON, COCHIN

In the result, appeal of the Revenue is dismissed and the Cross Objection filed

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

Capital Gains has already been disclosed in the original Return of Income field u/s 139(1) by the Assessee on 30/07/2011 for which disclosure was correct - including the transaction itself and the gross amount received on such sale; except for a mistake in the income calculated on the sale of equity shares of the company and there was no concealment

RAJU JOSEPH VAYALAT,ERNAKULAM vs. ITO, WARD-2(5), KOCHI

In the result, the appeal of the assessee is dismissed

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarma

142(1) were issued. During the assessment proceedings, the Assessing Officer (“AO”) noticed that total credits of Rs.38590754 in the capital account of the assessee. The assessee explained that Rs. 26,00,000 was received from his brother, Shri Roy I.T.A. No.273/COCH/2024 Raju Joseph Vayalat Vayalat and Rs. 55.58 lakh from other persons. However, no explanation was offered

THE KERALA MINERALS AND METALS LIMITED,KOLLAM vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, KOLLAM

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

Bench: Shri George George K., Vp & Shri Inturi Rama Rao, Am Assessment Year: 2007-08 The Kerala Minerals & Metals Ltd. .......... Appellant Sankaramangalam, Chavara, Kollam 691583 [Pan: Aaact8118R] Vs. Asst. Commissioner Of Income Tax .......... Respondent Circle - 1, Kollam Appellant By: Shri Rajeev R., Ca Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 13.05.2025 Date Of Pronouncement: 16.05.2025

capital expenditure, Section 31 cannot be invoked. Similarly, Section 37(1) cannot also be invoked. 31. On the contention of Mr.T.Ravikumar, learned Standing Counsel that the assessee originally capitalised the expenditure, but reversed the same later, we have to point out that there cannot be any estoppel in such cases. The question whether a particular expenditure would fall within

MR.THOMAS DANIEL,PATHANAMTHITTA vs. THE ITO, WARD-4, THIRUVALLA

In the result, the appeal of the assessee is dismissed

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No.68/Coch/2018 Assessment Year : 2014-15

Capital gains. F. - Income from other sources. ' " D.—Profits and gains of business or profession Profits and gains of business or profession. 28. The following income shall be chargeable to income-tax under the head "Profits and gains of business or profession",- (i) the profits and gains of any business or profession which was carried on by the assessee

M/S KODIYATHUR SERVICE CO-OP BANK,CALICUT vs. THE ITO, CALICUT

Bench: Shri Abraham P. George & Shri George George. K.] आयकर अपील सं./I.T.A. No. 414/Coch/2014 िनधा"रण वष" /Assessment Year : 2010-2011. Vs. M/S. Kodiyathur Service Co- The Income Tax Officer, Operative Bank Ltd, Ward 2(3) Pannikode, P.O. Kozhikode. Kozhikode. [Pan Aaaak 5312L] (अपीलाथ" अपीलाथ" अपीलाथ"/Appellant) अपीलाथ" (ू"यथ" ू"यथ" ू"यथ"/Respondent) ू"यथ"

142(1) of the Act. Claim of the assessee that it was only a primary agricultural credit society and income earned by it from providing credit facilities to its members was exempt under section 80P(2) (a)(i) of the Act was declined by the ld. Assessing Officer, relying on sub section

M/S KARASSERY SERVICE CO-OP BANK,CALICUT vs. THE ITO, CALICUT

Bench: Shri Abraham P. George & Shri George George. K.] आयकर अपील सं./I.T.A. No.417/Mds/2014 िनधा"रण वष" /Assessment Year : 2010-2011. M/S. Karassery Service Co- The Income Tax Officer, Operative Bank, Vs. Ward 2(3) Karassery P.O. Kozhikode. Kozhikode.

142(1) of the Act. Claim of the assessee that it was only a primary agricultural credit society and income earned by it from providing credit facilities to its members was exempt under section 80P(2) (a)(i) of the Act was declined by the ld. Assessing Officer, relying on sub section

M/S.BABY MEMORIAL HOSPITAL LTD,KOZHIKKODE vs. THE ACIT,CIRCLE-1(1), KOZHIKKODE

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

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

142(1) of the Act which is enclosed with the first questionnaire would proceed to verify only the specific aspects requiring examination/verification. In such cases, all efforts would be made to ensure that assessment proceedings are completed expeditiously in minimum possible number of hearings without unnecessarily dragging the case till the time-barring date. 4. In case, during the course

SINI NOUSHAD,THRISSUR vs. THE ITO, WARD 1(3), THRISSUR

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

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal & Sa No. 144/Coch/2023 (Assessment Year: 2017-18) Sini Noushad The Income Tax Officer Poovathumkiadavil House Ward - 1(3), Thrissur Kara Post, Peethamaballur Vs. Kathiyalam, Thrissur 608671 [Pan: Emrps6227J] (Appellant) (Respondent)

section 144 of the Income Tax Act, 1961 (the Act) dated 27.12.2019 for Assessment Year (AY) 2017-18 by the Commissioner of Income Tax (Appeals), Income Tax Department [CIT(A)], vide his order dated 15.02.2023. The assessee has qua the instant appeal also filed a stay application. 2. The brief facts of the case are that the assessee

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

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

section 139(1) of the Income Tax Act, 1961 (the Act) for AY 2016-17. However, based on the information available with the department that the appellant sold immovable property for a consideration of Rs. 2 Giju Purapadathil Mathai 86,20,665/-, the National Assessment Unit (hereinafter called "the AO")formed an opinion that income escaped assessment to tax. Accordingly

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

RUCHIT PARIMAL ASHAR,SANALA ROAD, MORBI vs. ACIT CENTRAL CIRCLE-1, CALICUT

In the result, appeal of the assessee is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

142 (1) for the relevant year or even during the assessment proceedings or even after the completion of the same , the whole proceedings initiat6ed and completed under section 153C stand vitiated and hence assessment framed in the hands of the appellant is not valid. Reliance is placed on the decision : CIT Vs. Calcutta Knitwears

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

In the result, appeal of the assessee is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

142 (1) for the relevant year or even during the assessment proceedings or even after the completion of the same , the whole proceedings initiat6ed and completed under section 153C stand vitiated and hence assessment framed in the hands of the appellant is not valid. Reliance is placed on the decision : CIT Vs. Calcutta Knitwears

K.ABDUL VAHEED,TALIPARAMBA vs. ACIT, CENTRAL CIRCLE-1, KOZHIKODE

In the result, appeal of the assessee is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

142 (1) for the relevant year or even during the assessment proceedings or even after the completion of the same , the whole proceedings initiat6ed and completed under section 153C stand vitiated and hence assessment framed in the hands of the appellant is not valid. Reliance is placed on the decision : CIT Vs. Calcutta Knitwears

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

In the result, appeal of the assessee is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

142 (1) for the relevant year or even during the assessment proceedings or even after the completion of the same , the whole proceedings initiat6ed and completed under section 153C stand vitiated and hence assessment framed in the hands of the appellant is not valid. Reliance is placed on the decision : CIT Vs. Calcutta Knitwears

ABC SALES CORPORATION,KANNUR vs. ACIT, CENTRAL CIRCLE-1, KOZHIKODE

In the result, appeal of the assessee is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

142 (1) for the relevant year or even during the assessment proceedings or even after the completion of the same , the whole proceedings initiat6ed and completed under section 153C stand vitiated and hence assessment framed in the hands of the appellant is not valid. Reliance is placed on the decision : CIT Vs. Calcutta Knitwears

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

In the result, appeal of the assessee is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

142 (1) for the relevant year or even during the assessment proceedings or even after the completion of the same , the whole proceedings initiat6ed and completed under section 153C stand vitiated and hence assessment framed in the hands of the appellant is not valid. Reliance is placed on the decision : CIT Vs. Calcutta Knitwears