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

transfer cannot be treated as 'income from capital gain'. The CIT(A) treated it as "income from other sources" so as to tax the same. This finding of the CIT(A) is not proper. The assesses herein were holding trusteeship in the Carmel Educational Trust which was relinquished in favour of trustees of Believers Church, and this right is nothing

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

transfer cannot be treated as 'income from capital gain'. The CIT(A) treated it as "income from other sources" so as to tax the same. This finding of the CIT(A) is not proper. The assesses herein were holding trusteeship in the Carmel Educational Trust which was relinquished in favour of trustees of Believers Church, and this right is nothing

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

transfer cannot be treated as 'income from capital gain'. The CIT(A) treated it as "income from other sources" so as to tax the same. This finding of the CIT(A) is not proper. The assesses herein were holding trusteeship in the Carmel Educational Trust which was relinquished in favour of trustees of Believers Church, and this right is nothing

SRI.K.P. JOHNY,THRISSUR vs. THE DCIT, CIRCLE-2(1), THRISSUR

In the result, both the assessee’s and the Revenue’s appeals are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Dask.P. Johny Asst. Cit, Manappuram House Circle – 2(1) Hospital Road, Chalakkudy Aayakar Bhavan Vs. Thrissur 680307 Sakthan Thampuran Nagar [Pan:Acgpj4958G] Thrissur 680001 (Appellant) (Respondent) Asst. Cit, K.P. Johny Circle – 2(1) Manappuram House Aayakar Bhavan Hospital Road, Chalakkudy Vs. Sakthan Thampuran Nagar Thrissur 680307 Thrissur 680001 [Pan: Acgpj4958G] (Appellant) (Respondent)

gain arising inasmuch as the cost of acquisition of Page 5 ITANos. 206 & 254/Coch/2019 (AY: 2014-15) K.P. Johny vs. Asst. CIT each share would, in either case, be at Rs.100 per share, i.e., its par value/issue price. While the AO has taken the assessee’s shares (along with that of his wife) at 42,500 shares, the assessee

THE DCIT, CIRCLE-2(1), THRISSUR vs. SRI.K.P. JOHNY, THRISSUR

In the result, both the assessee’s and the Revenue’s appeals are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Dask.P. Johny Asst. Cit, Manappuram House Circle – 2(1) Hospital Road, Chalakkudy Aayakar Bhavan Vs. Thrissur 680307 Sakthan Thampuran Nagar [Pan:Acgpj4958G] Thrissur 680001 (Appellant) (Respondent) Asst. Cit, K.P. Johny Circle – 2(1) Manappuram House Aayakar Bhavan Hospital Road, Chalakkudy Vs. Sakthan Thampuran Nagar Thrissur 680307 Thrissur 680001 [Pan: Acgpj4958G] (Appellant) (Respondent)

gain arising inasmuch as the cost of acquisition of Page 5 ITANos. 206 & 254/Coch/2019 (AY: 2014-15) K.P. Johny vs. Asst. CIT each share would, in either case, be at Rs.100 per share, i.e., its par value/issue price. While the AO has taken the assessee’s shares (along with that of his wife) at 42,500 shares, the assessee

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)

price of Rs. 2.24 lacs per cent within 3 years of the Agreement dated 03/1/2007, justifying the same. The return of the capital gain by two sellers is of no consequence; the same being only be give effect to the benami transitions (refer: ITO v. Rattan Lal [1984] 145 ITR 183 (SC); Jamnaprasad Kanhaiyalal

DCIT, COCHIN vs. SHRI M GEORGE ( MUKKADAYIL JOSEPH GEORGE), COCHIN

In the result, the Revenue’s appeal is allowed

Bench: Shri Sanjay Arora & Shri Manomohan Dasdy. Cit, Circle 2(1), Range – 2 M.J. George C.R. Building, I.S. Press Road, Mukkadayil House Kochi 682018 Vs. Krishnaswamy Cross Road Ernakulam, Kochi - 682035 [Pan: Adgpg6991D] (Appellant) (Respondent) Revenue By: Sri Sajit Kumar Das, Cit-Dr Assessee By: Sri R. Lokanathan, Ca Date Of Hearing: 17.08.2023 Date Of Pronouncement: 31.10.2023 Order Per Sanjay Arora, Am This Is An Appeal By The Revenue Agitating The Allowance Of The Assessee’S Appeal Contesting It’S Assessment Under Section 143(3) Of The Income Tax Act, 1961 (The Act) Dated 31.12.2008 For Assessment Year (Ay) 2006-07, By The Commissioner Of Income Tax (Appeals)-2, Kochi [Cit(A)] Vide His Order Dated 31.03.2011. 2. The Facts Of The Case In Brief Are That The Assessee, An Individual, Who Had Returned His Income For The Year At Rs.63,420/- (From Business & Other Sources), Was Found To Have A Credit Of Rs.899.10 Lakhs In His Bank Account On 14.02.2006. The Same Was Explained In The Assessment Proceedings As Sale Proceeds Of 5.21 Acres Of Land At Kakkanad Village, Falling Under Thrikkakara Panchayat, Sold For Rs.977.10 Lakhs Vide Registered Sale Deed Dated 13.02.2006. The Sale Was In Pursuance Of An Agreement To Sell Dated 09.01.2006, Receiving Rs.78 Lakhs As Advance. The Said Land

transfer of which is assessable as capital gains, u/s. 2(14)(iii) defining ‘capital asset’, by including certain agricultural lands therein on the basis of their location and potential for non-agriculture user. 6.2 Our second observation is that the matter being principally factual, reference to any decision – both the parties relying before us on that favourable to them, would

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)

transfer of 180.560 cents of land should be treated as exempt being profit on sale of agricultural land and profit from sale of balance land to the extent of 120.442 cents would liable for short-term capital gains tax. III Ground No.6 Is against the treatment of profit on sale of properties as business income. The appellant submits that

SHRI.PRAKASH R. NAIR,KOLLAM vs. DCIT, KOLLAM

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

Bench: Shri Sanjay Arora & Shri Manomohan Dasprakash R. Nair Dy.Cit, Central Circle Prop. Dhanya Foods Kollam Kochuppilammoodu Vs. Kollam 691001 [Pan:Abfpn4424P] (Appellant) (Respondent)

gain of the business. As such, where the accounts are prepared without disclosing the real cost of the goods in trade, he is duty bound to determine the taxable income by making computation in the manner he deems fit. Given the clear law in the matter, the issue becomes principally factual, wholly unproved. In our clear view, therefore, the Tribunal

MRS. HEMA RAMNATH,KOCHI vs. DCIT, ERNAKULAM

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

Bench: Shri Sanjay Arora & Dr. Seethalakshmihema Ramnath Dy. Cit, Corporate Circle 1(1) 35/2968, Laxmi Villa Ernakulam 682018 Church Road, Palarivattom Vs. Kochi - 682025 [Pan:Aavpr8682G] (Appellant) (Respondent)

gain arising from the transfer of the original asset not charged under section 45 on the basis of the cost of the new asset as provided in clause (a) or, as the case may be, clause (b) of sub-section (1), exceeds (b) the amount that would not have been so charged had the amount actually utilised by the assessee

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

The appeal of the assessee is hereby partly allowed

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)

capital gain. This controversy has been answered by the Hon'ble Gujarat High Court in the case cited above by observing as under: - “13. We are unable to accept the contention of Mr. Parikh, the learned counsel appearing on behalf of the Revenue, that we should adopt the reverse indexation from the date of actual sale simply because in that

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

The appeal of the assessee is hereby partly allowed

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)

capital gain. This controversy has been answered by the Hon'ble Gujarat High Court in the case cited above by observing as under: - “13. We are unable to accept the contention of Mr. Parikh, the learned counsel appearing on behalf of the Revenue, that we should adopt the reverse indexation from the date of actual sale simply because in that

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

The appeal of the assessee is hereby partly allowed

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)

capital gain. This controversy has been answered by the Hon'ble Gujarat High Court in the case cited above by observing as under: - “13. We are unable to accept the contention of Mr. Parikh, the learned counsel appearing on behalf of the Revenue, that we should adopt the reverse indexation from the date of actual sale simply because in that

SONIYA DAVID LATHIKA,THIRUVANANTHAPURAM vs. ITO WARD 2(3), TRIVANDRUM, THIRUVANANTHAPURAM

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

Bench: Shri Sanjay Arora, Am & Ms. Kavitha Rajagopal, Jm Soniya David Lathika The Ito, Ward-2(3) S. S. Nivas, Vizhinjam, Aayakar Bhavan, Kowdiar, Vs. Mukkola, Venganoor, Trivandrum-4 Thiruvananthapuram, Kerala Pan/Gir No. Ajqpl 8228 A (Assessee) : (Respondent)

transfer the appellant suffered two disadvantages. One, she did not get the market price obtainable for urban land and two, she became liable to capital gains

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

transfer pricing addition of Rs. 9,57,364/- to the income of the Assessee and holding that the international transactions pertaining to provision of corporate IT services do not satisfy the arm's length principle envisaged under the Act. 12.3 On the facts and in the circumstances of the case and in law, the Ld. AO/Ld. ΤΡΟ grossly erred

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

gain more from the common development, and the concomitant cost sharing arrangement, more than the one with a lower proportion in comparison, which could even result in a loss, as is indeed the case, and toward which he would refer to a chart (Table B, at PB-1, pg. 13). Thirdly, the sale price of land would also vary significantly

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

gain more from the common development, and the concomitant cost sharing arrangement, more than the one with a lower proportion in comparison, which could even result in a loss, as is indeed the case, and toward which he would refer to a chart (Table B, at PB-1, pg. 13). Thirdly, the sale price of land would also vary significantly

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

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

gain had accrued for the relevant year for it to have been returned even for rate purposes. The status of the land as agricultural or otherwise is a bone of contention between the parties; the Revenue holding it as non-agricultural. 5. The assessee’s principal contention before us was that 100 rubber trees, besides some coconut trees, were standing