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18 results for “capital gains”+ Section 234clear

Sorted by relevance

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Key Topics

Section 80G16Section 54F13Section 143(3)11Deduction11Section 80G(5)10Section 26310Section 4010Addition to Income8Section 54E7Capital Gains

THE ACIT, TRICHUR vs. SRI.ARUN MAJEED, THRISSUR

In the result, the appeals of the Revenue are dismissed

ITA 495/COCH/2018[2012-13]Status: DisposedITAT Cochin06 Feb 2019AY 2012-13

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

Section 132Section 143(3)Section 153A

234 (Cal.) It is held that the gain from transactions of sale of flats are not adventure in nature of trade, since no material has been brought to the notice that it had carried the business of property development. G.Venkataswami Naidu & Co. Vs CIT case applied (1959) 35 ITR 594 (SC) ii. CIT vs. Surjeet Kaur

THE ACIT, TRICHUR vs. SRI.ARUN MAJEED, THRISSUR

In the result, the appeals of the Revenue are dismissed

ITA 497/COCH/2018[2014-15]Status: DisposedITAT Cochin
6
Disallowance6
Section 80H5
06 Feb 2019
AY 2014-15

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

Section 132Section 143(3)Section 153A

234 (Cal.) It is held that the gain from transactions of sale of flats are not adventure in nature of trade, since no material has been brought to the notice that it had carried the business of property development. G.Venkataswami Naidu & Co. Vs CIT case applied (1959) 35 ITR 594 (SC) ii. CIT vs. Surjeet Kaur

THE ACIT, TRICHUR vs. SRI.ARUN MAJEED, THRISSUR

In the result, the appeals of the Revenue are dismissed

ITA 494/COCH/2018[2011-12]Status: DisposedITAT Cochin06 Feb 2019AY 2011-12

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

Section 132Section 143(3)Section 153A

234 (Cal.) It is held that the gain from transactions of sale of flats are not adventure in nature of trade, since no material has been brought to the notice that it had carried the business of property development. G.Venkataswami Naidu & Co. Vs CIT case applied (1959) 35 ITR 594 (SC) ii. CIT vs. Surjeet Kaur

THE ACIT, TRICHUR vs. SRI.ARUN MAJEED, THRISSUR

In the result, the appeals of the Revenue are dismissed

ITA 496/COCH/2018[2013-14]Status: DisposedITAT Cochin06 Feb 2019AY 2013-14

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

Section 132Section 143(3)Section 153A

234 (Cal.) It is held that the gain from transactions of sale of flats are not adventure in nature of trade, since no material has been brought to the notice that it had carried the business of property development. G.Venkataswami Naidu & Co. Vs CIT case applied (1959) 35 ITR 594 (SC) ii. CIT vs. Surjeet Kaur

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

gains by stating that he had invested the sale proceeds of the two capital assets in the two residential houses. The AO granted benefit u/s.54F of the Act on the first purchase of residential house and disallowed the second purchase of residential house since the provision will not apply to the second house. The AO also disallowed the other expenditures

THE ACIT, COCHIN vs. DR. RAMESH KUMAR ISWARA, COCHIN

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

ITA 122/COCH/2016[2006-07]Status: DisposedITAT Cochin08 Jun 2017AY 2006-07

Bench: S/Shri Abraham P. George, Am & George George K., Jm

Section 143(3)Section 148Section 234(1)Section 234BSection 50BSection 54ESection 54F

capital gains liability has arisen in the hands of the assessee, notice u/s. 148 of the Act was issued. The re-assessment was completed u/s. 143(3) r.w.s. 147 of the Act vide order dated 14/03/2014. While completing the re-assessment, the Assessing Officer did not grant exemption claimed u/s. 54EC and 54F of the Act. The Assessing Officer also

SRI.JOHN MATHEW N,ALAPPUZHA vs. THE ITO, WD-2, ALAPPUZHA, ALAPPUZHA

In the result, the appeal by the assessee is dismissed

ITA 81/COCH/2018[2001-02]Status: DisposedITAT Cochin24 Feb 2023AY 2001-02

Bench: Shri Sanjay Arora & Shri Sandeep Gosainshri John Mathew N. The Income Tax Officer Neroth House Ward - 2, Alleppey Vs. No. 1, Jubilee Road Alappuzha [Pan: Acupm8885D] Appellant Respondent Appellant By: Shri Anil D. Nair & Shri P.K. Biju, Advocates Respondent By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 03.02.2023 Date Of Pronouncement: 24.02.2023 O R D E R Per Bench This Appeal By The Assessee Challenges The Validity Of The Reassessment Under Section 147 Read With Section 143(3) Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) Dated 20.11.2007 For Assessment Year (Ay) 2001-02, Since Upheld In First Appeal Vide Order Dated 24.01.2018 By The Commissioner Of Income Tax (Appeals), Kottayam (‘Cit(A)’ For Short). 2.1 At The Outset, Shri Anil D. Nair, The Ld. Counsel For The Assessee-Appellant, Would Submit That The Basis Of The Assessee’S Challenge Is Two-Fold: (A) Non-Supply Of The Reasons Recorded; & (B) True & Full Disclosure Of All Material Facts Relating To The Income Escaping Assessment By The Assessee Per His Return Of Income.

For Appellant: Shri Anil D. Nair &For Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 143(2)Section 143(3)Section 147Section 148(2)Section 230ASection 234B

section 143(3) of the Income Tax Act, 1961 (‘the Act’ hereinafter) dated 20.11.2007 for assessment year (AY) 2001-02, since upheld in first appeal vide Order dated 24.01.2018 by the Commissioner of Income Tax (Appeals), Kottayam (‘CIT(A)’ for short). 2.1 At the outset, Shri Anil D. Nair, the ld. counsel for the assessee-appellant, would submit that

HLL BIOTECH LTD,TRIVANDRUM vs. THE ITO, WD-1(1), TRIVANDRUM

In the result, the appeals of the assessee as well as the Stay Petitions filed

ITA 576/COCH/2018[2013-14]Status: DisposedITAT Cochin15 Mar 2019AY 2013-14

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

section 71 since its business had not started and there could not be any computation of business income or loss incurred by the assessee in the relevant accounting years. in such a situation, the expenditure incurred by the assessee for the purpose of setting up its business could not be allowed as deduction, nor could it be adjusted against

HLL BIOTECH LTD,TRIVANDRUM vs. THE ITO, WD-1(1), TRIVANDRUM

In the result, the appeals of the assessee as well as the Stay Petitions filed

ITA 577/COCH/2018[2014-15]Status: DisposedITAT Cochin15 Mar 2019AY 2014-15

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

section 71 since its business had not started and there could not be any computation of business income or loss incurred by the assessee in the relevant accounting years. in such a situation, the expenditure incurred by the assessee for the purpose of setting up its business could not be allowed as deduction, nor could it be adjusted against

HLL BIOTECH LTD,TRIVANDRUM vs. THE ITO, WD-1(1), TRIVANDRUM

In the result, the appeals of the assessee as well as the Stay Petitions filed

ITA 578/COCH/2018[2015-16]Status: DisposedITAT Cochin15 Mar 2019AY 2015-16

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

section 71 since its business had not started and there could not be any computation of business income or loss incurred by the assessee in the relevant accounting years. in such a situation, the expenditure incurred by the assessee for the purpose of setting up its business could not be allowed as deduction, nor could it be adjusted against

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

ITA 279/COCH/2024[2024-25]Status: DisposedITAT Cochin25 Sept 2024AY 2024-25

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Respondent: Shri Dr. S. Pandian, CIT-DR
Section 12A(1)(ac)Section 80GSection 80G(5)

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

ITA 278/COCH/2024[2024-25]Status: DisposedITAT Cochin25 Sept 2024AY 2024-25

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Respondent: Shri Dr. S. Pandian, CIT-DR
Section 12A(1)(ac)Section 80GSection 80G(5)

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

M/S.PERRORKADA SERVICE CO-OP BANK LTD,TRIVANDRUM vs. THE ITO, TRIVANDRUM

In the result, the appeal of the Revenue in I

ITA 563/COCH/2018[2013-14]Status: DisposedITAT Cochin26 Jun 2019AY 2013-14

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

Section 143(3)Section 194A(3)(viia)Section 195Section 263Section 40Section 40A(3)Section 80P

capital gains and income from other sources, if any, in accordance with provisions of relevant chapters after making due enquiries and calling for information. C. Compute Gross Total Income being A+B above. D Determine profits from accounts eligible to be deducted under section 80P(2)(a) to (f) covering only items included in each of the sub-sections

M/S.PEROORKADA SERVICE CO-OP BANK LTD,TRIVANDRUM vs. THE ITO, WD-2(1), TRIVANDRUM, TRIVANDRUM

In the result, the appeal of the Revenue in I

ITA 93/COCH/2018[2014-15]Status: DisposedITAT Cochin26 Jun 2019AY 2014-15

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

Section 143(3)Section 194A(3)(viia)Section 195Section 263Section 40Section 40A(3)Section 80P

capital gains and income from other sources, if any, in accordance with provisions of relevant chapters after making due enquiries and calling for information. C. Compute Gross Total Income being A+B above. D Determine profits from accounts eligible to be deducted under section 80P(2)(a) to (f) covering only items included in each of the sub-sections

THE ITO, TRIVANDRUM vs. M/S.PERRORKADA SERVICE CO-OP BANK LTD, TRIVANDRUM

In the result, the appeal of the Revenue in I

ITA 47/COCH/2019[2013-14]Status: DisposedITAT Cochin26 Jun 2019AY 2013-14

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

Section 143(3)Section 194A(3)(viia)Section 195Section 263Section 40Section 40A(3)Section 80P

capital gains and income from other sources, if any, in accordance with provisions of relevant chapters after making due enquiries and calling for information. C. Compute Gross Total Income being A+B above. D Determine profits from accounts eligible to be deducted under section 80P(2)(a) to (f) covering only items included in each of the sub-sections

M/S.PEROORKADA SERVICE CO-OP BANK LTD,TRIVANDRUM vs. THE ITO, WD-2(1), TRIVANDRUM, TRIVANDRUM

In the result, the appeal of the Revenue in I

ITA 400/COCH/2018[2014-15]Status: DisposedITAT Cochin26 Jun 2019AY 2014-15

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

Section 143(3)Section 194A(3)(viia)Section 195Section 263Section 40Section 40A(3)Section 80P

capital gains and income from other sources, if any, in accordance with provisions of relevant chapters after making due enquiries and calling for information. C. Compute Gross Total Income being A+B above. D Determine profits from accounts eligible to be deducted under section 80P(2)(a) to (f) covering only items included in each of the sub-sections

M/S.PERRORKADA SERVICE CO-OP BANK LTD,TRIVANDRUM vs. THE ITO, TRIVANDRUM

In the result, the appeal of the Revenue in I

ITA 141/COCH/2017[2013-14]Status: DisposedITAT Cochin26 Jun 2019AY 2013-14

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

Section 143(3)Section 194A(3)(viia)Section 195Section 263Section 40Section 40A(3)Section 80P

capital gains and income from other sources, if any, in accordance with provisions of relevant chapters after making due enquiries and calling for information. C. Compute Gross Total Income being A+B above. D Determine profits from accounts eligible to be deducted under section 80P(2)(a) to (f) covering only items included in each of the sub-sections

SHRI.PRAKASH R. NAIR,KOLLAM vs. DCIT, KOLLAM

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

ITA 141/COCH/2021[2000-2001]Status: DisposedITAT Cochin17 Jan 2024AY 2000-2001

Bench: Shri Sanjay Arora & Shri Manomohan Dasprakash R. Nair Dy.Cit, Central Circle Prop. Dhanya Foods Kollam Kochuppilammoodu Vs. Kollam 691001 [Pan:Abfpn4424P] (Appellant) (Respondent)

For Appellant: Shri R. Vijayaraghavan, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 143(1)Section 148(1)Section 271(1)(c)Section 274Section 80Section 801A(9)Section 80HSection 80I

gain of the business. As such, where the accounts are prepared without disclosing the real cost of the goods in trade, he is duty bound to determine the taxable income by making computation in the manner he deems fit. Given the clear law in the matter, the issue becomes principally factual, wholly unproved. In our clear view, therefore, the Tribunal