Search: capital gains

JULIUS RUBEN,KOCHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(1), KOCHI

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

ITA 219/COCH/2025[2015-16]Status: DisposedITAT Cochin16 May 2025AY 2015-16

Bench: Shri George George K, Vice- & Shri Inturi Rama Rao

For Appellant: Sri.A.Gopalakrishnan, CAFor Respondent: Smt.Leena Lal, Senior AR

Section 139(4)Section 143(3)Section 154Section 250Section 40A(3)

gains from business or profession computed in accordance with the provisions of sections 28 to 43D of the Act and in the instances stated by the Assessing Officer for an aggregate amount of Rs. 6,55,650 the appellant did not claim any deduction and therefore provisions of section 40A(3) are not applicable. 7. The Hon. Commissioner of Income

THE COMMONWEALTH TRUST INDIA LTD,KOZHIKKODE vs. THE JTCIT, SPECIAL RANGE, KOZHIKKODE, KOZHIKKODE

In the result, the appeals as well as Stay Applications filed by the assessee are dismissed

ITA 10/COCH/2018[1996-97]Status: DisposedITAT Cochin04 Feb 2019AY 1996-97

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

For Appellant: Sri.R.JaikrishnaFor Respondent: Smt.A.S.Bindhu, Sr.DR

Section 143(3)Section 154Section 40A(3)

section 40A(3). 1. Payment toC Radhakrishnan Rs.2,10,000 for supply of Firewood advance. 2. Payment to Asma Steels for Rs.16,426 ITA Nos.09-10/Coch/2018 3 SA No.01 & 02/Coch/2018. M/s.The Commonwealth Trust India Ltd. supply of M.S.Plate. 3. Payment to Asma Steels for Rs.14,640 supply of M.S.Sheet. 4. Payment to Nallalam Rs.12,750 Furniture works. 5. Purchase of timber

THE COMMONWEALTH TRUST INDIA LTD,KOZHIKKODE vs. THE JTCIT, SPECIAL RANGE, KOZHIKKODE, KOZHIKKODE

In the result, the appeals as well as Stay Applications filed by the assessee are dismissed

ITA 9/COCH/2018[1996-97]Status: DisposedITAT Cochin04 Feb 2019AY 1996-97

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

For Appellant: Sri.R.JaikrishnaFor Respondent: Smt.A.S.Bindhu, Sr.DR

Section 143(3)Section 154Section 40A(3)

section 40A(3). 1. Payment toC Radhakrishnan Rs.2,10,000 for supply of Firewood advance. 2. Payment to Asma Steels for Rs.16,426 ITA Nos.09-10/Coch/2018 3 SA No.01 & 02/Coch/2018. M/s.The Commonwealth Trust India Ltd. supply of M.S.Plate. 3. Payment to Asma Steels for Rs.14,640 supply of M.S.Sheet. 4. Payment to Nallalam Rs.12,750 Furniture works. 5. Purchase of timber

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 and he had invested, therefore the provisions of section 28 (v) is applicable. 6.3 The Ld. DR submitted that the argument put forth by the assessee that since the assessee is not “deemed to be an assessee in default" under the first proviso to sub.section (1) of Section 201, then the mischief of section

SMT.K.B.SONY,COCHIN vs. THE DCIT, COCHIN

In the result, i) The appeal of the assessee in ITA No

ITA 320/COCH/2015[2009-10]Status: DisposedITAT Cochin24 May 2018AY 2009-10

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

Section 69

gains of business or profession’ and the provisions of Section 30, 31, 32, 36, 37, 38, 40, 40A (other than sub-section (3) and (4) thereof) 41, 43, 43A, 43B and 43C of the Income Tax Act shall so far as may be, apply accordingly. Rule 6. Where the result of the computation for previous year in respect

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 627/COCH/2022[2009-2010]Status: DisposedITAT Cochin31 Aug 2023AY 2009-2010

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R

Section 40Section 40A(2)(b)

gains of business or profession". (2)(a) Where the assessee incurs any expenditure in respect of which payment has been or is to be made to any person referred to in clause (b) of this sub-section, and the Assessing Officer is of opinion that such expenditure is excessive or unreasonable having regard to the fair market value

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 624/COCH/2022[2005-2006]Status: DisposedITAT Cochin31 Aug 2023AY 2005-2006

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R

Section 40Section 40A(2)(b)

gains of business or profession". (2)(a) Where the assessee incurs any expenditure in respect of which payment has been or is to be made to any person referred to in clause (b) of this sub-section, and the Assessing Officer is of opinion that such expenditure is excessive or unreasonable having regard to the fair market value

M/S SULAIKHA CLAY MINES,TRIVANDRUM vs. DCIT ,CIRCLE 1(2), TRIVANDRUM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 937/COCH/2022[2015-16]Status: DisposedITAT Cochin31 Aug 2023AY 2015-16

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R

Section 40Section 40A(2)(b)

gains of business or profession". (2)(a) Where the assessee incurs any expenditure in respect of which payment has been or is to be made to any person referred to in clause (b) of this sub-section, and the Assessing Officer is of opinion that such expenditure is excessive or unreasonable having regard to the fair market value

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 623/COCH/2022[2004-2005]Status: DisposedITAT Cochin31 Aug 2023AY 2004-2005

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R

Section 40Section 40A(2)(b)

gains of business or profession". (2)(a) Where the assessee incurs any expenditure in respect of which payment has been or is to be made to any person referred to in clause (b) of this sub-section, and the Assessing Officer is of opinion that such expenditure is excessive or unreasonable having regard to the fair market value

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 626/COCH/2022[2007-2008]Status: DisposedITAT Cochin31 Aug 2023AY 2007-2008

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R

Section 40Section 40A(2)(b)

gains of business or profession". (2)(a) Where the assessee incurs any expenditure in respect of which payment has been or is to be made to any person referred to in clause (b) of this sub-section, and the Assessing Officer is of opinion that such expenditure is excessive or unreasonable having regard to the fair market value

SULAIKHA CLAY MINES,THIRUVANANTHAPURAM vs. ACIT, CIRCLE 1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the appeals for all the years are partly allowed and partly allowed for statistical purposes

ITA 625/COCH/2022[2006-2007]Status: DisposedITAT Cochin31 Aug 2023AY 2006-2007

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Muhammad Shafeeq A., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R

Section 40Section 40A(2)(b)

gains of business or profession". (2)(a) Where the assessee incurs any expenditure in respect of which payment has been or is to be made to any person referred to in clause (b) of this sub-section, and the Assessing Officer is of opinion that such expenditure is excessive or unreasonable having regard to the fair market value

P. SURENDRAN,TRIVANDRUM vs. ACIT CIRCLE 1(2), TRIVANDRUM

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

ITA 978/COCH/2022[2014-15]Status: DisposedITAT Cochin14 May 2024AY 2014-15

Bench: Shri Sanjay Arora, Am & Ms. Kavitha Rajagopal, Jm P. Surendran Sukanya Bhavan Asst. Cit-1(2) Vadayakkadu, Kunnukuzhy, P.O., Thiruvananthapuram Vs. Thiruvananthapuram-695 035

For Respondent: Smt. J M Jamuna Devi

Section 133ASection 143(2)Section 143(3)Section 250Section 36(1)(va)Section 40A(3)Section 40a

40A(3) would apply in computing the income under the head “Profits and gains of business or profession” and “Income from other sources” as per section 58(2). All payments in excess of Rs.2,500 at one time whether for goods or services obtained for cash or 6 P. Surendran Sukanya Bhavan vs. Asst. CIT credit, which are deductible

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

40A(3), including interest, rent, salary and other business expense where payment in cash exceeding Rs.20,000 and not covered by Rule 6DD. iv. disallowance of interest and other sums under section 40(a)(i), if any, if section 195 is violated. v. disallowance under section 40(a)(ia), after due examination (due care is to be taken

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

40A(3), including interest, rent, salary and other business expense where payment in cash exceeding Rs.20,000 and not covered by Rule 6DD. iv. disallowance of interest and other sums under section 40(a)(i), if any, if section 195 is violated. v. disallowance under section 40(a)(ia), after due examination (due care is to be taken

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

40A(3), including interest, rent, salary and other business expense where payment in cash exceeding Rs.20,000 and not covered by Rule 6DD. iv. disallowance of interest and other sums under section 40(a)(i), if any, if section 195 is violated. v. disallowance under section 40(a)(ia), after due examination (due care is to be taken

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

40A(3), including interest, rent, salary and other business expense where payment in cash exceeding Rs.20,000 and not covered by Rule 6DD. iv. disallowance of interest and other sums under section 40(a)(i), if any, if section 195 is violated. v. disallowance under section 40(a)(ia), after due examination (due care is to be taken

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

40A(3), including interest, rent, salary and other business expense where payment in cash exceeding Rs.20,000 and not covered by Rule 6DD. iv. disallowance of interest and other sums under section 40(a)(i), if any, if section 195 is violated. v. disallowance under section 40(a)(ia), after due examination (due care is to be taken

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

9,70,41,456 1,28,00,136 Company 3. Prakash Exports 4,70,020,320 11,24,49,520 239.24 268.41 12,61,58,154 1,37,08,634 4. Prathyush Exports 13,335.840 29,98,800 224.86 268.41 35,79,473 5,80,673 5. Sunfood

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

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

ITA 40/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

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

9,70,41,456 1,28,00,136 Company 3. Prakash Exports 4,70,020,320 11,24,49,520 239.24 268.41 12,61,58,154 1,37,08,634 4. Prathyush Exports 13,335.840 29,98,800 224.86 268.41 35,79,473 5,80,673 5. Sunfood

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

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

ITA 39/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

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

9,70,41,456 1,28,00,136 Company 3. Prakash Exports 4,70,020,320 11,24,49,520 239.24 268.41 12,61,58,154 1,37,08,634 4. Prathyush Exports 13,335.840 29,98,800 224.86 268.41 35,79,473 5,80,673 5. Sunfood