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127 results for “capital gains”+ Section 142(1)clear

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Key Topics

Section 250103Section 14A66Addition to Income35Section 143(3)29Section 14821Section 13216Section 153C15Cash Deposit15Disallowance14Deduction

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

In the result, the appeal of the assessee is dismissed

ITA 68/COCH/2018[2014-15]Status: DisposedITAT Cochin09 Nov 2018AY 2014-15

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

Section 194ASection 40Section 44A

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.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

Showing 1–20 of 127 · Page 1 of 7

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Section 14413
Search & Seizure13
ITA 609/COCH/2017[2013-14]Status: DisposedITAT Cochin01 Sept 2025AY 2013-14

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

For Appellant: Shri Abraham Joseph Markos, AdvFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 115JSection 143(3)Section 32Section 32(1)(iia)Section 35Section 43(1)Section 92C

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

M/S.COMBINED FOODS P. LTD,COCHIN vs. THE ACIT, COCHIN

In the result, all the appeals filed by the revenue stand dismissed

ITA 155/COCH/2017[2012-13]Status: DisposedITAT Cochin27 Dec 2018AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Assessment Year : 2012-13 M/S. Combined Foods Private The Principal Commissioner Of Limited, Income-Tax, Kochi-1. 28/3030, Elamkulam, Cheruparambath Road, Kadavanthara, Kochi-682 020. [Pan:Aaacc 9366N] Assessee-Appellant Revenue-Respondent

Section 143(3)Section 14ASection 263Section 36(1)(iii)Section 43(1)

142(1) of the Act could not have been formulated. I.T.A. No.155 /Coch/2017 87. The Assessing Officer was required to examine the return filed by the assessee in order to ascertain his income and to levy appropriate tax on that basis. When the Assessing Officer was satisfied that the return filed by the assessee was in accordance with

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

142(1) were issued, for which the assessee filed detailed written submissions along with documents. The Assessing Officer (AO) after considering 2 Sri.Reji Krishnan. the reply and the documents had disallowed the claim made u/s 54F of the Act in respect of the investment made in the second residential house along with other expenditure involved in respect of the purchase

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

ITA 420/COCH/2019[2014-15]Status: DisposedITAT Cochin08 Nov 2019AY 2014-15

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

Section 115JSection 142Section 143(3)Section 263Section 36Section 37(1)

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

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

ITA 396/COCH/2023[2014-15]Status: DisposedITAT Cochin13 Aug 2024AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri.Gopi, CAFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 144Section 147Section 14ASection 36Section 36(1)(viii)

142 Taxmann.com 136(SC). (iii) It was submitted that the Hon’ble Punjab and Haryana High Court in the case of PCIT v. State Bank of Patiala [2017] 391 ITR 218 where exempt income in the form of dividend was earned by the Bank from securities held by it as its stock in trade, held that the assessee was engaged

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

ITA 395/COCH/2023[2013-14]Status: DisposedITAT Cochin13 Aug 2024AY 2013-14

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri.Gopi, CAFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 144Section 147Section 14ASection 36Section 36(1)(viii)

142 Taxmann.com 136(SC). (iii) It was submitted that the Hon’ble Punjab and Haryana High Court in the case of PCIT v. State Bank of Patiala [2017] 391 ITR 218 where exempt income in the form of dividend was earned by the Bank from securities held by it as its stock in trade, held that the assessee was engaged

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

ITA 399/COCH/2023[2017-18]Status: DisposedITAT Cochin13 Aug 2024AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri.Gopi, CAFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 144Section 147Section 14ASection 36Section 36(1)(viii)

142 Taxmann.com 136(SC). (iii) It was submitted that the Hon’ble Punjab and Haryana High Court in the case of PCIT v. State Bank of Patiala [2017] 391 ITR 218 where exempt income in the form of dividend was earned by the Bank from securities held by it as its stock in trade, held that the assessee was engaged

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

ITA 397/COCH/2023[2015-16]Status: DisposedITAT Cochin13 Aug 2024AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri.Gopi, CAFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 144Section 147Section 14ASection 36Section 36(1)(viii)

142 Taxmann.com 136(SC). (iii) It was submitted that the Hon’ble Punjab and Haryana High Court in the case of PCIT v. State Bank of Patiala [2017] 391 ITR 218 where exempt income in the form of dividend was earned by the Bank from securities held by it as its stock in trade, held that the assessee was engaged

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

ITA 394/COCH/2023[2012-13]Status: DisposedITAT Cochin13 Aug 2024AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri.Gopi, CAFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 144Section 147Section 14ASection 36Section 36(1)(viii)

142 Taxmann.com 136(SC). (iii) It was submitted that the Hon’ble Punjab and Haryana High Court in the case of PCIT v. State Bank of Patiala [2017] 391 ITR 218 where exempt income in the form of dividend was earned by the Bank from securities held by it as its stock in trade, held that the assessee was engaged

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

ITA 393/COCH/2023[2011-12]Status: DisposedITAT Cochin13 Aug 2024AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri.Gopi, CAFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 144Section 147Section 14ASection 36Section 36(1)(viii)

142 Taxmann.com 136(SC). (iii) It was submitted that the Hon’ble Punjab and Haryana High Court in the case of PCIT v. State Bank of Patiala [2017] 391 ITR 218 where exempt income in the form of dividend was earned by the Bank from securities held by it as its stock in trade, held that the assessee was engaged

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

ITA 918/COCH/2024[2007-08]Status: DisposedITAT Cochin16 May 2025AY 2007-08

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

For Appellant: Shri Rajeev R., CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)

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

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

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

ITA 4/COCH/2017[2011-12]Status: DisposedITAT Cochin23 Aug 2019AY 2011-12

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

Section 139(1)Section 148Section 271(1)(c)

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

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

ITA 414/COCH/2014[2010-11]Status: DisposedITAT Cochin15 Mar 2017AY 2010-11

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"

For Respondent: Shri. A. Dhanaraj, Sr. D.R
Section 139Section 142(1)Section 144Section 36(1)Section 80A(5)Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(4)

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

RAMLA HAMEED,ALAPPUZHA vs. INCOME TAX OFFICER, ALAPPUZHA

The appeal of the assessee is allowed for statistical purposes with the direction that the Assessing

ITA 393/COCH/2025[2018-19]Status: DisposedITAT Cochin12 Aug 2025AY 2018-19

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarma

Section 143Section 147Section 148Section 48

capital gain to tax notice under section 143 (2) and 142 (1) of the act where issued, which were partially

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

ITA 417/COCH/2014[2010-11]Status: DisposedITAT Cochin15 Mar 2017AY 2010-11

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.

For Appellant: Shri. CBM Warrier, CAFor Respondent: Shri. A. Dhanaraj, Sr. D.R
Section 139Section 142(1)Section 144Section 36(1)Section 80A(5)Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(4)

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

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

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

ITA 773/COCH/2024[2010-2011]Status: DisposedITAT Cochin04 Feb 2025AY 2010-2011

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

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R
Section 139(1)Section 144rSection 148

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

KODIYIL MUHAMMED MADANI, PARTNER (ABC SALES CORPORATION),TALIPARAMBA vs. ACIT CENTRAL CIRCLE-1, CALICUT

In the result, appeal of the assessee is hereby dismissed

ITA 524/COCH/2024[2017-18]Status: DisposedITAT Cochin20 Dec 2024AY 2017-18

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

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

KODIYIL MUHAMMED MADANI PARTNER, ABC SALES CORPORATION,TALIPARAMBA vs. ACIT, CENTRAL CIRCLE-1, KOZHIKODE

In the result, appeal of the assessee is hereby dismissed

ITA 837/COCH/2024[2020-21]Status: DisposedITAT Cochin20 Dec 2024AY 2020-21

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

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

KODIYIL MUHAMMED MADANI, PARTNER(ABC SALAES CORPORATION),TALIPARAMBA vs. ACIT , CENTRAL CIRCLE-1, KOZHIKODE

In the result, appeal of the assessee is hereby dismissed

ITA 523/COCH/2024[2013-14]Status: DisposedITAT Cochin20 Dec 2024AY 2013-14

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

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