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243 results for “capital gains”+ Section 6(1)(iii)clear

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Key Topics

Section 25058Section 143(3)55Section 26347Addition to Income37Section 37(1)26Section 153A21Section 153C19Section 13219Disallowance19Section 80G

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)

6. As regards applicability of section 37(1), it excludes expenditure which falls under sections 30 to 36, capital expenditure or personal expenditure. Obviously, the present case falls u/s. 36(l)(iii) of the Act wherein deduction is allowed for the amount of interest paid in respect of capital borrowed for the purpose of business. Accordingly, expenditure is allowed

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 243 · Page 1 of 13

...
16
Deduction11
Capital Gains8
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)

6. As regards applicability of section 37(1), it excludes expenditure which falls under sections 30 to 36, capital expenditure or personal expenditure. Obviously, the present case falls u/s. 36(l)(iii) of the Act wherein deduction is allowed for the amount of interest paid in respect of capital borrowed for the purpose of business. Accordingly, expenditure is allowed

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)

6. As regards applicability of section 37(1), it excludes expenditure which falls under sections 30 to 36, capital expenditure or personal expenditure. Obviously, the present case falls u/s. 36(l)(iii) of the Act wherein deduction is allowed for the amount of interest paid in respect of capital borrowed for the purpose of business. Accordingly, expenditure is allowed

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

6. As regards applicability of section 37(1), it excludes expenditure which falls under sections 30 to 36, capital expenditure or personal expenditure. Obviously, the present case falls u/s. 36(l)(iii) of the Act wherein deduction is allowed for the amount of interest paid in respect of capital I.T.A. Nos. 69-72/Coch/2018 & 73-75/Coch/2018 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 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

6. As regards applicability of section 37(1), it excludes expenditure which falls under sections 30 to 36, capital expenditure or personal expenditure. Obviously, the present case falls u/s. 36(l)(iii) of the Act wherein deduction is allowed for the amount of interest paid in respect of capital I.T.A. Nos. 69-72/Coch/2018 & 73-75/Coch/2018 borrowed

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

6. As regards applicability of section 37(1), it excludes expenditure which falls under sections 30 to 36, capital expenditure or personal expenditure. Obviously, the present case falls u/s. 36(l)(iii) of the Act wherein deduction is allowed for the amount of interest paid in respect of capital I.T.A. Nos. 69-72/Coch/2018 & 73-75/Coch/2018 borrowed

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

6. As regards applicability of section 37(1), it excludes expenditure which falls under sections 30 to 36, capital expenditure or personal expenditure. Obviously, the present case falls u/s. 36(l)(iii) of the Act wherein deduction is allowed for the amount of interest paid in respect of capital I.T.A. Nos. 69-72/Coch/2018 & 73-75/Coch/2018 borrowed

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

6. As regards applicability of section 37(1), it excludes expenditure which falls under sections 30 to 36, capital expenditure or personal expenditure. Obviously, the present case falls u/s. 36(l)(iii) of the Act wherein deduction is allowed for the amount of interest paid in respect of capital I.T.A. Nos. 69-72/Coch/2018 & 73-75/Coch/2018 borrowed

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

6. As regards applicability of section 37(1), it excludes expenditure which falls under sections 30 to 36, capital expenditure or personal expenditure. Obviously, the present case falls u/s. 36(l)(iii) of the Act wherein deduction is allowed for the amount of interest paid in respect of capital I.T.A. Nos. 69-72/Coch/2018 & 73-75/Coch/2018 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

6. As regards applicability of section 37(1), it excludes expenditure which falls under sections 30 to 36, capital expenditure or personal expenditure. Obviously, the present case falls u/s. 36(l)(iii) of the Act wherein deduction is allowed for the amount of interest paid in respect of capital I.T.A. Nos. 69-72/Coch/2018 & 73-75/Coch/2018 borrowed

THE ITO, WD-2, THODUPUZHA, THODUPUZHA vs. SRI.TOMY MATHEW PARTNER OF MATHAI SONS, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 419/COCH/2007[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

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

Section 2(24)(vi)Section 48

section 147 of the Act to assess the capital gains on the basis of consideration admitted in sworn statement recorded on 23/04/1999. I.T.A. Nos.605/Coch/2005 & others 7.6 The Ld. AR objected to the Assessing Officer’s finding that the sworn statement was given in a confused mind as the assessee’s action to form a partnership and transfer the capital asset

THE ACIT, CIR-1(1), ERNAKULAM, ERNAKULAM vs. SRI.JOSE MATHEW, M/S.E.V.MTHAI & SONS, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 450/COCH/2007[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

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

Section 2(24)(vi)Section 48

section 147 of the Act to assess the capital gains on the basis of consideration admitted in sworn statement recorded on 23/04/1999. I.T.A. Nos.605/Coch/2005 & others 7.6 The Ld. AR objected to the Assessing Officer’s finding that the sworn statement was given in a confused mind as the assessee’s action to form a partnership and transfer the capital asset

THE ACIT, CIRCLE-1(1), ERNAKULAM, ERNAKULAM vs. SRI.MATHAI XAVIER, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 451/COCH/2007[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

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

Section 2(24)(vi)Section 48

section 147 of the Act to assess the capital gains on the basis of consideration admitted in sworn statement recorded on 23/04/1999. I.T.A. Nos.605/Coch/2005 & others 7.6 The Ld. AR objected to the Assessing Officer’s finding that the sworn statement was given in a confused mind as the assessee’s action to form a partnership and transfer the capital asset

THE ITO, WARD-2, THODUPUZHA, THODUPUZHA vs. SRI.MARTIN JOHNY, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 354/COCH/2006[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

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

Section 2(24)(vi)Section 48

section 147 of the Act to assess the capital gains on the basis of consideration admitted in sworn statement recorded on 23/04/1999. I.T.A. Nos.605/Coch/2005 & others 7.6 The Ld. AR objected to the Assessing Officer’s finding that the sworn statement was given in a confused mind as the assessee’s action to form a partnership and transfer the capital asset

THE ITO, WD-2, THODUPUZHA, THODUPUZHA vs. SRI.E.J.SONY, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 355/COCH/2006[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

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

Section 2(24)(vi)Section 48

section 147 of the Act to assess the capital gains on the basis of consideration admitted in sworn statement recorded on 23/04/1999. I.T.A. Nos.605/Coch/2005 & others 7.6 The Ld. AR objected to the Assessing Officer’s finding that the sworn statement was given in a confused mind as the assessee’s action to form a partnership and transfer the capital asset

SRI.ESSA ISMAIL SAIT,ERNAKULAM vs. THE ACIT,CIR-2(1),, ERNAKULAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 605/COCH/2005[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

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

Section 2(24)(vi)Section 48

section 147 of the Act to assess the capital gains on the basis of consideration admitted in sworn statement recorded on 23/04/1999. I.T.A. Nos.605/Coch/2005 & others 7.6 The Ld. AR objected to the Assessing Officer’s finding that the sworn statement was given in a confused mind as the assessee’s action to form a partnership and transfer the capital asset

THEACIT, CIR-1(1),EKM, ERNAKULAM vs. SRI.E.M.JOHNY, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 453/COCH/2007[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

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

Section 2(24)(vi)Section 48

section 147 of the Act to assess the capital gains on the basis of consideration admitted in sworn statement recorded on 23/04/1999. I.T.A. Nos.605/Coch/2005 & others 7.6 The Ld. AR objected to the Assessing Officer’s finding that the sworn statement was given in a confused mind as the assessee’s action to form a partnership and transfer the capital asset

THE ACIT, CIRCLE-1(1), ERNAKULAM, ERNAKULAM vs. SRI.E.M.PAUL, EDAKATTUKUDIYIL, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 449/COCH/2007[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

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

Section 2(24)(vi)Section 48

section 147 of the Act to assess the capital gains on the basis of consideration admitted in sworn statement recorded on 23/04/1999. I.T.A. Nos.605/Coch/2005 & others 7.6 The Ld. AR objected to the Assessing Officer’s finding that the sworn statement was given in a confused mind as the assessee’s action to form a partnership and transfer the capital asset

THE ACIT, COCHIN vs. M/S.PVR TOURIST HOME, COCHIN

ITA 428/COCH/2015[2012-13]Status: DisposedITAT Cochin21 Mar 2025AY 2012-13

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm Assessment Year: 2012-13 Acit, Circle-1, Non-Corporate .......... Appellant Iind Floor, C.R. Building, I.S. Press Road Ernakulam 682018 Vs. Pvr Tourist Home .......... Respondent Palarivattom, Kochi 682025 [Pan: Aadfp3442Q] Appellant By: Shri Suresh Sivanandan, Cit-Dr Respondent By: Shri Mohan Pulickal, Advocate Date Of Hearing: 10.03.2025 Date Of Pronouncement: 21.03.2025

For Appellant: Shri Suresh Sivanandan, CIT-DRFor Respondent: Shri Mohan Pulickal, Advocate
Section 143(3)Section 45(4)Section 48Section 50Section 50(1)Section 50A

6 PVT Tourist Home years claimed ownership of the building and based on the same, depreciation was claimed in respect of the building for all the assessment years until 1993-94 which was the last year of assessment of the firm. Admittedly, on dissolution the property reverted back to the partners in the same way it was brought by them

ROSE GEORGE KOLLANUR,THRISSUR vs. ITO WARD 2(2), THRISSUR, THRISSUR

In the result, the appeal by the assessee is allowed

ITA 610/COCH/2022[2014-2015]Status: DisposedITAT Cochin19 Dec 2022AY 2014-2015

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sassessment Year : 2014-15

For Appellant: Shri V Ramnath, CAFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 139(1)Section 143(3)Section 54Section 54F

1) [Subject to the provisions of sub-section (4), where, in the case of an assessee being an individual or a Hindu undivided family], the capital gain arises from the transfer of any long-term capital asset, not being a residential house (hereafter in this section referred to as the original asset), and the assessee has, within a period