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

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

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

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

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

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

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

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

254 dated 19.07.2013. The relevant paragraphs of the assessment order are as under: "6. From the reply furnished by the assessee and related details available in the file, it would emerge that the deposits was raised from the public at large. The activity of raising deposits from the public does not have any connection with the stated objective

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

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

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

254 dated 19.07.2013. The relevant paragraphs of the assessment order are as under: "6. From the reply furnished by the assessee and related details available in the file, it would emerge that the deposits was raised from the public at large. The activity of raising deposits from the public does not have any connection with the stated objective

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

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

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

254 dated 19.07.2013. The relevant paragraphs of the assessment order are as under: "6. From the reply furnished by the assessee and related details available in the file, it would emerge that the deposits was raised from the public at large. The activity of raising deposits from the public does not have any connection with the stated objective

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

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

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

254 dated 19.07.2013. The relevant paragraphs of the assessment order are as under: "6. From the reply furnished by the assessee and related details available in the file, it would emerge that the deposits was raised from the public at large. The activity of raising deposits from the public does not have any connection with the stated objective

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

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

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

254 dated 19.07.2013. The relevant paragraphs of the assessment order are as under: "6. From the reply furnished by the assessee and related details available in the file, it would emerge that the deposits was raised from the public at large. The activity of raising deposits from the public does not have any connection with the stated objective

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

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

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

254 dated 19.07.2013. The relevant paragraphs of the assessment order are as under: "6. From the reply furnished by the assessee and related details available in the file, it would emerge that the deposits was raised from the public at large. The activity of raising deposits from the public does not have any connection with the stated objective

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

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

254 dated 19.07.2013. The relevant paragraphs of the assessment order are as under: "6. From the reply furnished by the assessee and related details available in the file, it would emerge that the deposits was raised from the public at large. The activity of raising deposits from the public does not have any connection with the stated objective

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

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

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

section 54F(4) requirement to make deposits in Capital Gains Accounts Scheme has no application. For the above proposition, the Ld. Counsel for the assessee relied on the decision of the Hon’ble Karnataka High Court in the case of CIT vs. K. Ramachandra Rao (120 DTR 72). As regards the Assessing Officer’s conclusion that no claim of deduction

DCIT, TRIVANDRUM vs. BRAHMOS AEROSPACE( THIRUVANANTHAPURAM) LTD, TRIVANDRUM

In the result, the appeal filedby

Bench: Shri George Mathan, Jm & Shri Ramit Kochar, Am Deputy Commissioner Brahmos Aerospace Of Income Tax, (Thiruvananthapuram) Ltd., Circle-1(1), V. Chackai, Thiruvananthapuram Beach Post, Kerala Tiruvananthapuram, Kerala Pan – Aabck2217K Appellant Respondent

capital gains, and it claims to carry forwards and set off such loss under Section 72(1), 73(2), 74(1), 74(3) or 74A(3), it is required to file its return of income within the prescribed time u/s 139(1) of the 1961 Act which return of income is to be in the prescribed form and verified

SMT.JALAJA NAIR,TRIVANDRUM vs. THE ADIT(INV), TRIVANDRUM

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

section 132 of the Act as there was no material or evidence was seized at the time of search showing any undisclosed income. Since the legal issue raised by the assessee is emanates from the facts already on record, we deem it appropriate to admit the additional grounds raised by the assessee for adjudication. This view was supported

SMT.JALAJA NAIR,TRIVANDRUM vs. THE ADIT(INV), TRIVANDRUM

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

section 132 of the Act as there was no material or evidence was seized at the time of search showing any undisclosed income. Since the legal issue raised by the assessee is emanates from the facts already on record, we deem it appropriate to admit the additional grounds raised by the assessee for adjudication. This view was supported

SMT.JALAJA NAIR,TRIVANDRUM vs. THE ADIT(INV), TRIVANDRUM

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

section 132 of the Act as there was no material or evidence was seized at the time of search showing any undisclosed income. Since the legal issue raised by the assessee is emanates from the facts already on record, we deem it appropriate to admit the additional grounds raised by the assessee for adjudication. This view was supported

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

254 only to decide the grounds which arise from the order of the Commissioner of Income-tax (Appeals). Both the assessee as well as the Department have a right to file an appeal/cross-objections before the Tribunal. The Tribunal should not be prevented from considering questions of law arising in assessment proceedings, although not raised earlier. . ITA No.404 & others/Coch/2024 Page

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

254 only to decide the grounds which arise from the order of the Commissioner of Income-tax (Appeals). Both the assessee as well as the Department have a right to file an appeal/cross-objections before the Tribunal. The Tribunal should not be prevented from considering questions of law arising in assessment proceedings, although not raised earlier. . ITA No.404 & others/Coch/2024 Page

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

254 only to decide the grounds which arise from the order of the Commissioner of Income-tax (Appeals). Both the assessee as well as the Department have a right to file an appeal/cross-objections before the Tribunal. The Tribunal should not be prevented from considering questions of law arising in assessment proceedings, although not raised earlier. . ITA No.404 & others/Coch/2024 Page