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112 results for “capital gains”+ Section 40clear

Sorted by relevance

Mumbai1,577Delhi1,096Chennai400Jaipur321Bangalore321Ahmedabad320Hyderabad228Kolkata175Indore132Chandigarh128Cochin112Pune100Raipur98Nagpur76Rajkot75Surat74Visakhapatnam55Panaji38Amritsar37Lucknow31Guwahati28Patna20Dehradun20Cuttack19Jodhpur14Jabalpur13Agra11Ranchi10Varanasi8Allahabad7

Key Topics

Section 250117Section 143(3)33Section 153A25Section 115J24Section 4024Section 14A18Disallowance15Section 143(2)12Section 3612Deduction

MRS.GRACY BABU,ADOOR P.O., PATHANAMTHITTA vs. THE DCIT, CEN-CIRCLE, KOTTAYAM

In the result, all the appeals filed by the assessee are dismissed

ITA 208/COCH/2019[2009-10]Status: DisposedITAT Cochin22 May 2025AY 2009-10

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Anil D.Nair, AdvocateFor Respondent: Sri.Sundarasan S, CIT-DR
Section 132Section 143(3)Section 153ASection 153C

Section 153C of the 1.T. Act. Placing reliance on the seized documents, the Assessing Authority found that the erstwhile trustees had in fact received approximately Rs.37.5 crores towards consideration for relinquishing their trusteeship but they had camouflaged these receipts under different heads by showing the receipt of Rs.14.55 crores towards reimbursement of amounts paid by assessees for clearing outstanding

Showing 1–20 of 112 · Page 1 of 6

11
Capital Gains10
Limitation/Time-bar9

MRS.GRACY BABU,ADOOR P.O., PATHANAMTHITTA vs. THE DCIT, CEN-CIRCLE, KOTTAYAM

In the result, all the appeals filed by the assessee are dismissed

ITA 209/COCH/2019[2010-11]Status: DisposedITAT Cochin22 May 2025AY 2010-11

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Anil D.Nair, AdvocateFor Respondent: Sri.Sundarasan S, CIT-DR
Section 132Section 143(3)Section 153ASection 153C

Section 153C of the 1.T. Act. Placing reliance on the seized documents, the Assessing Authority found that the erstwhile trustees had in fact received approximately Rs.37.5 crores towards consideration for relinquishing their trusteeship but they had camouflaged these receipts under different heads by showing the receipt of Rs.14.55 crores towards reimbursement of amounts paid by assessees for clearing outstanding

MRS.REENA JOSE,PATHANAMTHITTA vs. THE DCIT, CEN-CIRCLE,, KOTTAYAM

In the result, all the appeals filed by the assessee are dismissed

ITA 207/COCH/2019[2009-10]Status: DisposedITAT Cochin22 May 2025AY 2009-10

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Anil D.Nair, AdvocateFor Respondent: Sri.Sundarasan S, CIT-DR
Section 132Section 143(3)Section 153ASection 153C

Section 153C of the 1.T. Act. Placing reliance on the seized documents, the Assessing Authority found that the erstwhile trustees had in fact received approximately Rs.37.5 crores towards consideration for relinquishing their trusteeship but they had camouflaged these receipts under different heads by showing the receipt of Rs.14.55 crores towards reimbursement of amounts paid by assessees for clearing outstanding

SRI.JOSE THOMAS,ADOOR P.O., PATHANAMTHITTA vs. THE ACIT,CEN-CIRCLE, KOTTAYAM

In the result, all the appeals filed by the assessee are dismissed

ITA 211/COCH/2019[2009-10]Status: DisposedITAT Cochin22 May 2025AY 2009-10

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Anil D.Nair, AdvocateFor Respondent: Sri.Sundarasan S, CIT-DR
Section 132Section 143(3)Section 153ASection 153C

Section 153C of the 1.T. Act. Placing reliance on the seized documents, the Assessing Authority found that the erstwhile trustees had in fact received approximately Rs.37.5 crores towards consideration for relinquishing their trusteeship but they had camouflaged these receipts under different heads by showing the receipt of Rs.14.55 crores towards reimbursement of amounts paid by assessees for clearing outstanding

SRI.JOSE THOMAS,ADOOR P.O., PATHANAMTHITTA vs. THE ACIT,CEN-CIRCLE, KOTTAYAM

In the result, all the appeals filed by the assessee are dismissed

ITA 212/COCH/2019[2010-11]Status: DisposedITAT Cochin22 May 2025AY 2010-11

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Anil D.Nair, AdvocateFor Respondent: Sri.Sundarasan S, CIT-DR
Section 132Section 143(3)Section 153ASection 153C

Section 153C of the 1.T. Act. Placing reliance on the seized documents, the Assessing Authority found that the erstwhile trustees had in fact received approximately Rs.37.5 crores towards consideration for relinquishing their trusteeship but they had camouflaged these receipts under different heads by showing the receipt of Rs.14.55 crores towards reimbursement of amounts paid by assessees for clearing outstanding

THE KERALA STATE FINANCIAL ENTERPRISE LTD,CHEMBUKKAVU vs. DCIT, CIRCLE-1(1) &TPS, THRISSUR

In the result, appeal filed by the assessee as well as Revenue stand partly allowed

ITA 81/COCH/2024[2020-2021]Status: DisposedITAT Cochin14 May 2025AY 2020-2021

Bench: Shri Inturi Rama Rao, Accontant Member & Shri Sandeep Singh Karhail

For Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 40Section 40A(3)

capital expenditure. However, in respect of provision for bad and doubtful debts, the CIT(A) while expressing an agreement with the contention of the appellant that debiting the provision for bad and doubtful debts to profit and loss account and reducing the same from the sundry debtors / advances in the balance sheet constitute “write off”, as held

ASSISTANT COMMISSIONER OF INCOME TAX, THRISSUR vs. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, THRISSUR

In the result, appeal filed by the assessee as well as Revenue stand partly allowed

ITA 50/COCH/2024[2020-21]Status: DisposedITAT Cochin14 May 2025AY 2020-21

Bench: Shri Inturi Rama Rao, Accontant Member & Shri Sandeep Singh Karhail

For Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 40Section 40A(3)

capital expenditure. However, in respect of provision for bad and doubtful debts, the CIT(A) while expressing an agreement with the contention of the appellant that debiting the provision for bad and doubtful debts to profit and loss account and reducing the same from the sundry debtors / advances in the balance sheet constitute “write off”, as held

ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE-1(1), THRISSUR vs. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, THRISSUR

In the result, appeal filed by the assessee as well as Revenue stand partly allowed

ITA 51/COCH/2024[2021]Status: DisposedITAT Cochin14 May 2025

Bench: Shri Inturi Rama Rao, Accontant Member & Shri Sandeep Singh Karhail

For Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 40Section 40A(3)

capital expenditure. However, in respect of provision for bad and doubtful debts, the CIT(A) while expressing an agreement with the contention of the appellant that debiting the provision for bad and doubtful debts to profit and loss account and reducing the same from the sundry debtors / advances in the balance sheet constitute “write off”, as held

THE KERALA STATE FINANCIAL ENTERPRISES LIMITED,THRISSUR vs. DCIT, CIRCLE 1(1) TPS, THRISSUR

In the result, appeal filed by the assessee as well as Revenue stand partly allowed

ITA 869/COCH/2023[2021-22]Status: DisposedITAT Cochin14 May 2025AY 2021-22

Bench: Shri Inturi Rama Rao, Accontant Member & Shri Sandeep Singh Karhail

For Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 40Section 40A(3)

capital expenditure. However, in respect of provision for bad and doubtful debts, the CIT(A) while expressing an agreement with the contention of the appellant that debiting the provision for bad and doubtful debts to profit and loss account and reducing the same from the sundry debtors / advances in the balance sheet constitute “write off”, as held

THE DCIT,CEN-CIRCLE,, THRISSUR vs. SRI.T.G. CHANDRAKUMAR, THRISSUR

In the result, the Appeal by the Revenue is allowed on the aforesaid terms

ITA 67/COCH/2018[2008-09]Status: DisposedITAT Cochin03 Apr 2023AY 2008-09

Bench: Shri Sanjay Arora (Accountant Member), Shri Sandeep Gosain (Judicial Member)

For Appellant: Smt. J.M. Jamuna Devi, Sr. DRFor Respondent: Shri C.B.M. Warrier, FCA
Section 132Section 153CSection 268A

section (3) thereof, would have no bearing on the merits of the case. The decision by the first appellate authority for that year, as for the current year, cannot bind this Tribunal, so that the matter cannot be regarded as covered, and would require being adjudicated by it on merits. The same would though be relevant and taken into account

SMT. MARIES JOSEPH,THRISSUR vs. DCIT, INT. TAXATION, KOCHI, KOCHI

In the result, appeal in ITA No

ITA 566/COCH/2022[2015-2016]Status: DisposedITAT Cochin02 Jan 2023AY 2015-2016

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S

For Appellant: Shri. Arun Raj S, AdvocateFor Respondent: Smt. J M Jamuna Devi, Sr AR
Section 250Section 271(1)(c)Section 54F

40,42,400/-. The assessee initially claimed Rs 86,24,063/- being investment in residential house property at "Skyline Infinity', Thrissur and Rs 54,18,377 has been admitted as taxable Long Term Capital Gains. In the course of assessment proceedings, the Assessing officer issued notice stating that the assessee is not eligible to claim exemption under section

SMT. MARIES JOSEPH,THRISSUR vs. DCIT, INT. TAXATION, KOCHI, KOCHI

In the result, appeal in ITA No

ITA 613/COCH/2022[2015-2016]Status: DisposedITAT Cochin02 Jan 2023AY 2015-2016

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S

For Appellant: Shri. Arun Raj S, AdvocateFor Respondent: Smt. J M Jamuna Devi, Sr AR
Section 250Section 271(1)(c)Section 54F

40,42,400/-. The assessee initially claimed Rs 86,24,063/- being investment in residential house property at "Skyline Infinity', Thrissur and Rs 54,18,377 has been admitted as taxable Long Term Capital Gains. In the course of assessment proceedings, the Assessing officer issued notice stating that the assessee is not eligible to claim exemption under section

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

capital items can be only adjusted in terms of provisions section 43A of the Act. The loss or gain on such 30 Apollo Tyres Ltd. transaction had no impact on the determination of taxable income. Therefore, the AO had clearly fell in error in brining the same to tax in the year of reversal of the loss especially in view

ACIT, COCHIN vs. SRI.P.C.JOSE, COCHIN

In the result, appeal filed by the assessee stands allowed and Revenue’s appeal stands dismissed

ITA 84/COCH/2012[2008-09]Status: DisposedITAT Cochin18 Mar 2025AY 2008-09

Bench: Shri Inturi Rama Rao, Am & Shri Keshav Dubey, Jm Assessment Year: 2008-09 P.C. Jose .......... Appellant Brothers Agencies, Jews Street Ernakulam 682031 [Pan: Abbpj8250F] Vs. Dy. Commissioner Of Income Tax .......... Respondent Circle - 2(1), Kochi Assessment Year: 2008-09 Dy. Commissioner Of Income Tax .......... Appellant Circle - 2(1), Kochi Vs. P.C. Jose .......... Respondent Brothers Agencies, Jews Street Ernakulam 682031 [Pan: Abbpj8250F] Assessee By: Shri R. Krishnan, Ca Revenue By: Shri Sanjit Kumar Das & Smt. Leena Lal, Sr. D.R. Date Of Hearing: 20.02.2025 Date Of Pronouncement: 18.03.2025 P.C. Jose

For Appellant: Shri R. Krishnan, CAFor Respondent: Shri Sanjit Kumar Das &
Section 143(3)Section 2(14)(iii)Section 40

capital gains’ on protective basis. 7. The AO also made disallowance of Commission expenses of Rs. 2,50,000/-. The AO had made an adhoc disallowance of 1/5th of the 8. expenditure claimed on selling and administrative expenses, on maintenance, travelling expenditure and car loan interest expenditure. The AO also disallowed professional fees paid to the P.C. Jose Auditor

RAJESHWARI C MENON,THRISSUR vs. DCIT ,INTERNATIONAL TAXATION, KOCHI

The appeal of the assessee is hereby partly allowed

ITA 616/COCH/2023[2013-14]Status: DisposedITAT Cochin03 Oct 2024AY 2013-14

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Satish Kishore C. Menon Dcit (International Taxation) Krishna Vihar, Kuruvath Lane Kochi Sankarayya Road Vs. Thrissur 680004 [Pan: Bwrpm3657H] (Appellant) (Respondent) Jayalakshmi C. Menon Dcit (International Taxation) Krishna Vihar, Kuruvath Lane Kochi Sankarayya Road Vs. Thrissur 680004 [Pan: Bvypm1772M] (Appellant) (Respondent) Rajeshwari C. Menon Dcit (International Taxation) Krishna Vihar, Kuruvath Lane Kochi Sankarayya Road Vs. Thrissur 680004 [Pan: Bvypm1866N] (Appellant) (Respondent)

For Appellant: Shri K. Kittu, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 16A(6)Section 55A

capital gain in the hands of the assessee at Rs. 7,50,40,460/- only. Aggrieved assessee preferred appeal before the learned CIT(A) who partly allowed the ground of appeal of the assessee by observing as under: “4.2.3 The AO has since obtained a valuation report from the Assistant Valuation Officer, which gives

SATISH KISHORE C MENON,THRISSUR vs. DCIT INTERNATIONAL TAXATION, KOCHI

The appeal of the assessee is hereby partly allowed

ITA 614/COCH/2023[2013-14]Status: DisposedITAT Cochin03 Oct 2024AY 2013-14

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Satish Kishore C. Menon Dcit (International Taxation) Krishna Vihar, Kuruvath Lane Kochi Sankarayya Road Vs. Thrissur 680004 [Pan: Bwrpm3657H] (Appellant) (Respondent) Jayalakshmi C. Menon Dcit (International Taxation) Krishna Vihar, Kuruvath Lane Kochi Sankarayya Road Vs. Thrissur 680004 [Pan: Bvypm1772M] (Appellant) (Respondent) Rajeshwari C. Menon Dcit (International Taxation) Krishna Vihar, Kuruvath Lane Kochi Sankarayya Road Vs. Thrissur 680004 [Pan: Bvypm1866N] (Appellant) (Respondent)

For Appellant: Shri K. Kittu, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 16A(6)Section 55A

capital gain in the hands of the assessee at Rs. 7,50,40,460/- only. Aggrieved assessee preferred appeal before the learned CIT(A) who partly allowed the ground of appeal of the assessee by observing as under: “4.2.3 The AO has since obtained a valuation report from the Assistant Valuation Officer, which gives

JAYALAKSHMI C MENON,THRISSUR vs. DCIT INTERNATIONAL TAXATION, KOCHI

The appeal of the assessee is hereby partly allowed

ITA 615/COCH/2023[2013-14]Status: DisposedITAT Cochin03 Oct 2024AY 2013-14

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Satish Kishore C. Menon Dcit (International Taxation) Krishna Vihar, Kuruvath Lane Kochi Sankarayya Road Vs. Thrissur 680004 [Pan: Bwrpm3657H] (Appellant) (Respondent) Jayalakshmi C. Menon Dcit (International Taxation) Krishna Vihar, Kuruvath Lane Kochi Sankarayya Road Vs. Thrissur 680004 [Pan: Bvypm1772M] (Appellant) (Respondent) Rajeshwari C. Menon Dcit (International Taxation) Krishna Vihar, Kuruvath Lane Kochi Sankarayya Road Vs. Thrissur 680004 [Pan: Bvypm1866N] (Appellant) (Respondent)

For Appellant: Shri K. Kittu, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 16A(6)Section 55A

capital gain in the hands of the assessee at Rs. 7,50,40,460/- only. Aggrieved assessee preferred appeal before the learned CIT(A) who partly allowed the ground of appeal of the assessee by observing as under: “4.2.3 The AO has since obtained a valuation report from the Assistant Valuation Officer, which gives

GOOD HOMES PVT LTD,KOCHI vs. DEPUTY COMMISSIONER OF INCOME TAX CORPORATE CIRCLE 1(1), KOCHI

In the result, the assessee’s appeals are allowed for statistical purposes

ITA 884/COCH/2022[2007-08]Status: DisposedITAT Cochin11 Aug 2023AY 2007-08

Bench: Shri Sanjay Arora, Am &Shriabyt.Varkey, Jm

For Appellant: Sri.A.Gopalakrishnan, CAFor Respondent: Smt.J.M.Jamuna Devi, Sr.AR
Section 133ASection 147Section 148

section 147 r.w.s. 143(3) of the Income-tax Act, 1961 (hereinafter ‘the Act’) dated 18.3.2015 and 29.3.2014 for assessment year (AY) 2007-2008, respectively. The background facts of both the cases being same, these are heard together, and are being disposed of pera common, consolidated order for the sake of convenience. ITA Nos.870& 884 /Coch/2022 (AY 2007-08) Ajit

AJIT ASSOCIATES PRIVATE LIMITED,ERNAKULAM vs. JCIT, CORPORATE RANGE - 1, KOCHI

In the result, the assessee’s appeals are allowed for statistical purposes

ITA 870/COCH/2022[2007-08]Status: DisposedITAT Cochin11 Aug 2023AY 2007-08

Bench: Shri Sanjay Arora, Am &Shriabyt.Varkey, Jm

For Appellant: Sri.A.Gopalakrishnan, CAFor Respondent: Smt.J.M.Jamuna Devi, Sr.AR
Section 133ASection 147Section 148

section 147 r.w.s. 143(3) of the Income-tax Act, 1961 (hereinafter ‘the Act’) dated 18.3.2015 and 29.3.2014 for assessment year (AY) 2007-2008, respectively. The background facts of both the cases being same, these are heard together, and are being disposed of pera common, consolidated order for the sake of convenience. ITA Nos.870& 884 /Coch/2022 (AY 2007-08) Ajit

BEAVER ESTATES PRIVATE LIMITED,KOCHI vs. ASSISTANT COMMISSIONER OF INCOME TAX , CORPORATE RANGE 1, KOCHI

ITA 896/COCH/2022[2009-10]Status: DisposedITAT Cochin23 Oct 2024AY 2009-10

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhgood Homes Pvt. Ltd. Acit, Corporate Range-1 3Rd Floor, Puthuran Plaza C.R. Building, Is Press Road Mg Road, Kpcc Junction Vs. Kochi 682018 Ernakulam 682011 [Pan: Aabcg0444L] (Appellant) (Respondent) Beaver Estates Pvt. Ltd Acit, Corporate Range-1 Asian School Of Architecture C.R. Building, Is Press Road & Design Innovation Kochi 682018 Vs. Silversand Island, Vytila Road Ernakulam 682019 [Pan: Aadcb0193M] (Appellant) (Respondent)

For Appellant: ------- None -------For Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 250

Section 250 of the income-tax Act, 1961 (the Act) by the Commissioner of Income Tax (Appeals), Kochi-1 on the following grounds which are independent and without prejudice to each other. 2. That on facts and in law, the orders passed by both the Assessing Officer (hereinafter referred to as the "AO") and the Commissioner of Income Tax (Appeals