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

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

capital gains cannot be assessed. A perusal of the trust deed in the instant cases does not indicate that any power was conferred on the trustees to relinquish their position as trustees en banc. Rather, as noticed by the Supreme Court in Sheikh Abdul Kayum and Others v. Mulla Alibhai and Others and Others - [AIR 1963 SC 309], a person

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

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

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

capital gains cannot be assessed. A perusal of the trust deed in the instant cases does not indicate that any power was conferred on the trustees to relinquish their position as trustees en banc. Rather, as noticed by the Supreme Court in Sheikh Abdul Kayum and Others v. Mulla Alibhai and Others and Others - [AIR 1963 SC 309], a person

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

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

capital gains cannot be assessed. A perusal of the trust deed in the instant cases does not indicate that any power was conferred on the trustees to relinquish their position as trustees en banc. Rather, as noticed by the Supreme Court in Sheikh Abdul Kayum and Others v. Mulla Alibhai and Others and Others - [AIR 1963 SC 309], a person

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

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

capital gains cannot be assessed. A perusal of the trust deed in the instant cases does not indicate that any power was conferred on the trustees to relinquish their position as trustees en banc. Rather, as noticed by the Supreme Court in Sheikh Abdul Kayum and Others v. Mulla Alibhai and Others and Others - [AIR 1963 SC 309], a person

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

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

capital gains cannot be assessed. A perusal of the trust deed in the instant cases does not indicate that any power was conferred on the trustees to relinquish their position as trustees en banc. Rather, as noticed by the Supreme Court in Sheikh Abdul Kayum and Others v. Mulla Alibhai and Others and Others - [AIR 1963 SC 309], a person

K P MUHAMMED ALI,CALICUT vs. ITO ( INTERNATIONAL TAXATION), KOZHIKODE

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

Bench: Shri Sanjay Arora & Manomohan Dask.P. Muhammed Ali Income Tax Officer K.P. House: 19/1866 (International Taxation) Chalappuram Vs. Kozhikode Calicut 673002 [Pan:Agnpm9397F] (Appellant) (Respondent)

capital gains would be taxable in the year in which such transactions are entered into, even if the transfer of the immovable property is not effective or complete under the general law. Under section 2(47

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

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

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

ASSISTANT COMMISSIONER OF INCOME TAX, KOTTAYAM vs. THOMAS CHANDY, KANJIRAPALLY

In the result, the appeal filed by the Revenue stands partly allowed for statistical purposes

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm Assessment Year: 2012-13 Asst. Commissioner Of Income Tax .......... Appellant Public Library Buiulding, Shastri Road Kottayam 686001 [Pan: Adzpc3009P] Vs. Thomas Chandy .......... Respondent Karimpanal Post, Post Box No. Vizhikithode, Kanjirpally 686507 Appellant By: Smt. Veni Raj, Cit-Dr Respondent By: Shri R. Krishnan, Ca Date Of Hearing: 12.06.2025 Date Of Pronouncement: 31.07.2025

capital gains of Rs. 1.17 lakhs for AY 2017- 18. However, the CIT(A) placing reliance on the decision of the Hon'ble Supreme Court in the case of CIT. v. Balbir Singh Maini [2017] 398 ITR after making reference to the provisions of section 2(47

MR.P.C.JOSE,,COCHIN vs. DCIT, COCHIN

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

Bench: Shri Sanjay Arora & Shri Manomohan Dasp.C. Jose Deputy Commissioner Of Prop. Brothers Agencies Income Tax, Circle-2(1) Jews Street Vs. Kochi Ernakulam 682031 [Pan: Abbpj8250F] (Appellant) (Respondent) Deputy Commissioner Of P.C. Jose Income Tax, Circle-2(1) Prop. Brothers Agencies Kochi Vs. Jews Street Ernakulam 682031 [Pan: Abbpj8250F] (Appellant) (Respondent)

section 143(3) of the Income Tax Act, 1961 (‘the Act’ hereinafter) dated 29.12.2010 for Assessment Year (AY) 2008-09. ITA Nos. 54& 84/Coch/2012 (AY: 2008-09) P.C. Jose v. Dy CIT / Dy. CIT v. P.C. Jose Ex-parte Order 2. The appeals were heard at length on 10.08.2023, covering all the issues, including the principal one, being the assessment

SILLS KARINGATTIL JOSE,NEDUMKANDOM vs. ITO WARD 2, THODUPUZHA

Appeal is partly allowed for statistical purpose

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhsils Karingattil Jose Income Tax Officer Np 3/406, Karingattil Ward - 2, House, Munnar Road Thodupuzha Vs. Nedumkandom P.O. [Pan: Afopj8789C] (Appellant) (Respondent)

47) of the Income tax Act and also that the agreement referred above will not be hit by the provisions of section 53A of the Transfer of Property as well, to treat the same liable to tax under capital gain

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

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

47,20,950/-and capital expenditure amounting to Rs.2,21,64,930/-. Out of this the AO disallowed the following as tabulated below: - Particulars Amount R&D expense incurred by reimbursement of salary 12,81,14,109 and other expenses of Apollo Vrerdestein B.V., Netherlands; Vrerdestein GmbH, Germany and Apollo Tyres Global R&D B.V., Netherlands R&D expense incurred

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

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

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

47,53,800 Kakkanad 16.07.07 Amon Estates (P) Ltd. 33/2007 79,95,250 Kakkanad 21.07.07 Calista Real Estates (P) Ltd. 3380/07 16,14,57,250 Kakkanad 18.07.07 - do - 3311/07 1,97,74,250 Kakkanad 19,35,80,550 5. The said lands were situated in Thrikkakara Panchayat. The area of Thrikkakara Panchayat was notified area during the period from

PULIKKAPARAMBIL GEORGE JACOB,KOZHIKODE vs. ITO WARD 1(1), KOZHIKODE, KOZHIKODE

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

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

gain arisen. 4. We have heard the parties, and perused the material on record. 4.1 Section 2(47) of the Act, defining ‘transfer’, which is the bone of contention between the parties, and the issue arising in the instant case, reads as under: Definitions. 2. In this Act, unless the context otherwise requires,- (47) "transfer", in relation to a capital

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

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

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

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

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

LAKSHMI S ALIAS LAKSHMI HARIGOVIND,THIRUVANANTHAPURAM vs. ACIT, CIRCLE-1(2), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM

In the result, the assessee’s appeal is dismissed

Bench: S/Shri Sanjay Arora & Sandeepgosain

47, Haripriya Income Tax, Navarangam Lane Vs. Circle - 1(2), Medical College P.O. Thiruvananthapuram Trivandrum, 695011 [PAN: ACZPH1299R] (Respondent) (Appellant) Appellant by: Shri Anil D. Nair, Advocate Respondent by: Smt. J.M. Jamuna Devi, Sr. DR Date of Hearing: 01.02.2023 Date of Pronouncement: 03.02.2023 O R D E R Per Bench This Appeal by the Assessee is directed against the revisionary

GEORGE STANLEY,THIRUVALLA vs. DCIT, INTERNATIONAL TAXATION, CIRCLE, TRIVANDRUM, THIRUVANANTHAPURAM

Bench: Shri Sanjay Arora, Am &Shri Manomohan Das, Jm

section 143(3) of the Income-tax Act, 1961 (‘the Act’) dated 28.12.2016 for assessment year (AY) 2014-2015, by the Commissioner of Income-tax (Appeals)-12, Bengaluru [CIT(A)], vide his order dated 20.12.2021. 2. The appeal, filed on 11.05.2022, after accounting for the blanket saving on account of Covid by the Hon’ble Apex Court

ARYACON CONTRACTORS AND ENGINEERS PVT LTD,PERUMBAVOOR vs. ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE-1, ALUVA

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessmentyear:2017-18

47,953/-). The AO observed that the assessee had omitted Rs. 1,02,24,936/- being retention withheld and added Rs. 10,06,691/- being retention received during the current year for the past year. In the opinion of AO these are to be accounted in the mercantile system only and therefore held that the retention money withheld

BATHX BATHWARE INDIA PRIVATE LIMITED,KOCHIN vs. ACIT, CENTRAL CIRCLE-1, KOZHIKODE

In the result, appeal of the assessee is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

47 Muhammed Jabir -do- 2020-21 522/COCH/2024 48 Muhammed Madani -do- 2013-14 523/COCH/2024 49 Muhammed Madani ACIT, Central 2017-18 Circle, Calicut 524/COCH/2024 50 Muhammed Madani -do- 2018-19 528/COCH/2024 51 Muhammed Madani -do- 2019-20 529/COCH/2024 52 Muhammed Madani -do- 2020-21 530/COCH/2024 53 Bathx Bathware India (P) Ltd., -do- 2014-15 436/COCH/2024 54 Bathx Bathware India