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29 results for “capital gains”+ Section 237clear

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Key Topics

Section 143(3)30Section 37(1)27Section 26321Addition to Income16Exemption13Disallowance11Section 578Section 457Deduction7Section 143(2)

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)

237) wherein it was held as under: I.T.A. Nos. 202-204/Coch/2019 “5. We have heard the rival contentions and perused the facts of the case. The circumstances and the facts of the case in the present case are that the assessee has raised loans in the individual capacity and interest has been paid on the capital so borrowed

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

Showing 1–20 of 29 · Page 1 of 2

5
Section 80H5
Reassessment4
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)

237) wherein it was held as under: I.T.A. Nos. 202-204/Coch/2019 “5. We have heard the rival contentions and perused the facts of the case. The circumstances and the facts of the case in the present case are that the assessee has raised loans in the individual capacity and interest has been paid on the capital so borrowed

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 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)

237) wherein it was held as under: I.T.A. Nos. 202-204/Coch/2019 “5. We have heard the rival contentions and perused the facts of the case. The circumstances and the facts of the case in the present case are that the assessee has raised loans in the individual capacity and interest has been paid on the capital so borrowed

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

237) wherein it was held as under: “5. We have heard the rival contentions and perused the facts of the case. The circumstances and the facts of the case in the present case are that the assessee has raised loans in the individual capacity and interest has been paid on the capital so borrowed for the purpose of business

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

237) wherein it was held as under: “5. We have heard the rival contentions and perused the facts of the case. The circumstances and the facts of the case in the present case are that the assessee has raised loans in the individual capacity and interest has been paid on the capital so borrowed for the purpose of business

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

237) wherein it was held as under: “5. We have heard the rival contentions and perused the facts of the case. The circumstances and the facts of the case in the present case are that the assessee has raised loans in the individual capacity and interest has been paid on the capital so borrowed for the purpose of business

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

237) wherein it was held as under: “5. We have heard the rival contentions and perused the facts of the case. The circumstances and the facts of the case in the present case are that the assessee has raised loans in the individual capacity and interest has been paid on the capital so borrowed for the purpose of business

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

237) wherein it was held as under: “5. We have heard the rival contentions and perused the facts of the case. The circumstances and the facts of the case in the present case are that the assessee has raised loans in the individual capacity and interest has been paid on the capital so borrowed for the purpose of business

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

237) wherein it was held as under: “5. We have heard the rival contentions and perused the facts of the case. The circumstances and the facts of the case in the present case are that the assessee has raised loans in the individual capacity and interest has been paid on the capital so borrowed for the purpose of business

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

237) wherein it was held as under: “5. We have heard the rival contentions and perused the facts of the case. The circumstances and the facts of the case in the present case are that the assessee has raised loans in the individual capacity and interest has been paid on the capital so borrowed for the purpose of business

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

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

237 ITR 190 AAR vii. ABB Ltd. 189 Taxmann 422 viii. Ernst and Young Ltd. 49 taxmann.com 386 (Kolkata ITAT) 13. We carefully considered the submissions made by the appellant. On mere perusal of the assessment order, it would reveal that the disallowance u/s. 40(a)(i) was made by the AO solely for the reason of non-deduction

M/S.KOVILAKAM HOTEL P LTD,THRISSUR vs. THE ACIT,, THRISSUR

In the result, the appeal of the assessee is allowed

ITA 715/COCH/2019[2011-12]Status: DisposedITAT Cochin18 Feb 2020AY 2011-12

Bench: Shri George George K.

Section 143(2)Section 37(1)

gains of business or profession”. In other words, expenditure on current repairs to buildings, machinery, plant and furniture used for the purposes of the business is generally covered by sections 30 and 31 of the I.T. Act. In respect of types of repairs that do not fall under the above description, a deduction can still be allowed

SRI.ABDUL KAREEM,ERNAKULAM vs. THE ITO, ALUVA

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

ITA 123/COCH/2019[2014-15]Status: DisposedITAT Cochin17 Jul 2019AY 2014-15

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.T.John GeorgeFor Respondent: Sri.Shantom Bose
Section 143(2)Section 143(3)Section 145ASection 153Section 263Section 28Section 56Section 56(2)(viii)Section 57

237 6.2 Out of the above, the assessee received Rs.8,80,56,564 during the previous year relevant to the assessment year 2014- 2015 (copy of the decree passed in LRA 3/2011 dated 06.08.2012 and its calculation statement are attached in the paper book filed by the assessee). 6.3 The solitary issue that is raised in this appeal is regarding

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

THE ACIT, COCHIN vs. M/S.MFAR HOTELS & RESORTS LTD, COCHIN

In the result, the appeal by the Revenue is dismissed

ITA 335/COCH/2015[2011-12]Status: DisposedITAT Cochin27 May 2025AY 2011-12

Bench: Shri Inturi Rama Rao & Shri Sandeep Singh Karhail: A.Y. : 2011-12 C.O. No. 13/Coch/2015 : A.Y. : 2011-12 (Arising Out Of Ita No. 335/Coch/15)

For Appellant: Shri Rajakannan, AdvFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 250

section 143(3) of the Act, inter-alia, disagreed with the submissions of the assessee and held that there has been extensive renovation and replacement of the existing hotel and, therefore, the claim of the assessee that no new advantage was gained is not correct. The AO further held that the total look and feel of the convention centre

THE TRAVANCORE COCHIN CHEMICALS LIMITED,UDYOGAMANDAL vs. DCIT, ERNAKULAM

In the result, appeal of the assessee is allowed

ITA 673/COCH/1995[1992-93]Status: DisposedITAT Cochin22 Jan 2020AY 1992-93

Bench: S/Shri N.V. Vasudevan, Vp & Chandra Poojari, Am Assessment Year: 1992-93

section 43(2) to mean actually paid or incurred according to the method of accounting on the basis of which the profits and gains of business are computed. Since the assessee was following the mercantile system of accounting and the liability to pay the additional amount accrued only on the basis of the order of the court, which was during

SRI.R.PRAKASH,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 41/COCH/2016[2009-10]Status: DisposedITAT Cochin03 Feb 2020AY 2009-10

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

gain in the books of sister concern(s).According to the ld. AR, anyaddition under the head "income from business" becomes revenue neutralin (2010) 236 CTR (SC) 113. it was argued that when this judgment was brought to his notice by filing a copy, the Assessing Officer took a dramatic U turn to hold that units were independent. Hence

M/S. VIJAYALAXMICASHEW CO.,,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 47/COCH/2016[2008-09]Status: DisposedITAT Cochin03 Feb 2020AY 2008-09

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

gain in the books of sister concern(s).According to the ld. AR, anyaddition under the head "income from business" becomes revenue neutralin (2010) 236 CTR (SC) 113. it was argued that when this judgment was brought to his notice by filing a copy, the Assessing Officer took a dramatic U turn to hold that units were independent. Hence

M/S. VIJAYALAXMICASHEW CO.,,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 48/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

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

gain in the books of sister concern(s).According to the ld. AR, anyaddition under the head "income from business" becomes revenue neutralin (2010) 236 CTR (SC) 113. it was argued that when this judgment was brought to his notice by filing a copy, the Assessing Officer took a dramatic U turn to hold that units were independent. Hence

SMT. T.C. USHA,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 44/COCH/2016[2009-10]Status: DisposedITAT Cochin03 Feb 2020AY 2009-10

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

gain in the books of sister concern(s).According to the ld. AR, anyaddition under the head "income from business" becomes revenue neutralin (2010) 236 CTR (SC) 113. it was argued that when this judgment was brought to his notice by filing a copy, the Assessing Officer took a dramatic U turn to hold that units were independent. Hence