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108 results for “capital gains”+ Unexplained Moneyclear

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Key Topics

Section 250104Section 143(3)37Section 13236Addition to Income35Section 153A24Cash Deposit24Section 153C22Section 14822Search & Seizure18

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

money" (9) In other words, an asset which is capable of acquisition at a cost would be Included within the provisions pertaining to the head "Capital gains" as opposed with the acquisition of which no cost at all can be principle propounded in B.C. Srinivasa Shetty (1981) 128 ITR 294 (SC)has been allowed by several High Courts with reference

Showing 1–20 of 108 · Page 1 of 6

Reassessment15
Section 115B14
Section 6811

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

money" (9) In other words, an asset which is capable of acquisition at a cost would be Included within the provisions pertaining to the head "Capital gains" as opposed with the acquisition of which no cost at all can be principle propounded in B.C. Srinivasa Shetty (1981) 128 ITR 294 (SC)has been allowed by several High Courts with reference

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

money" (9) In other words, an asset which is capable of acquisition at a cost would be Included within the provisions pertaining to the head "Capital gains" as opposed with the acquisition of which no cost at all can be principle propounded in B.C. Srinivasa Shetty (1981) 128 ITR 294 (SC)has been allowed by several High Courts with reference

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

money" (9) In other words, an asset which is capable of acquisition at a cost would be Included within the provisions pertaining to the head "Capital gains" as opposed with the acquisition of which no cost at all can be principle propounded in B.C. Srinivasa Shetty (1981) 128 ITR 294 (SC)has been allowed by several High Courts with reference

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

money" (9) In other words, an asset which is capable of acquisition at a cost would be Included within the provisions pertaining to the head "Capital gains" as opposed with the acquisition of which no cost at all can be principle propounded in B.C. Srinivasa Shetty (1981) 128 ITR 294 (SC)has been allowed by several High Courts with reference

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

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 v. CIT [1981] 130 ITR 244 (SC)). 26 | P a g e Dy. CIT v. T.G. Chandrakumar Why, the money to pay the tax is itself either unexplained

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

ITA 254/COCH/2019[2014-15]Status: DisposedITAT Cochin09 Oct 2023AY 2014-15

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)

For Appellant: Shri T.M. Sreedharan, Sr. Advocate (with Smt. Divya Ravindran, Adv. with him)For Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 131(1)Section 133ASection 147Section 148(1)Section 69

capital gain. That is, the SA becomes a reference point. The pumping-in of money by the assessee in Manko, and even as he has no explained source thereof, becomes understandable in the light of the subsequent developments. A 50% partner & co-promoter in the Manko since inception, as admitted vide statement u/s.131(1) of the Act, his investment therein

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

ITA 206/COCH/2019[2014-15]Status: DisposedITAT Cochin09 Oct 2023AY 2014-15

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)

For Appellant: Shri T.M. Sreedharan, Sr. Advocate (with Smt. Divya Ravindran, Adv. with him)For Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 131(1)Section 133ASection 147Section 148(1)Section 69

capital gain. That is, the SA becomes a reference point. The pumping-in of money by the assessee in Manko, and even as he has no explained source thereof, becomes understandable in the light of the subsequent developments. A 50% partner & co-promoter in the Manko since inception, as admitted vide statement u/s.131(1) of the Act, his investment therein

BHIMA JEWELLERS,SULTHAN BATHERY, WAYANAD vs. THE PR CIT, KOZHIKKODE, KOZHIKKODE

In the result, appeal of the assessee is dismissed

ITA 208/COCH/2018[2013-14]Status: DisposedITAT Cochin17 Aug 2018AY 2013-14

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No.208/Coch/2018 Assessment Year : 2013-14 M/S. Bhima Jewellers, Vs. The Pr. Commissioner Of Income- 6/785 Ai, Tax, Kozhikode. Mysore Road, Chungum Junction, Sulthan Bathery, Wayanad-673 592. [Pan: Aakfb 9817C] (Assessee-Appellant) (Revenue-Respondent) Revenue By Shri Dhanaraj A. Sr. Dr Assessee By Shri R. Krishnan, Ca Date Of Hearing 05/07/2018 Date Of Pronouncement 20/08/2018

Section 115BSection 14Section 143(3)Section 263Section 68Section 69Section 69ASection 69BSection 69CSection 69D

capital gains, nor is it income from 'other sources' because the provisions of sections 69, 69A, 69B and 69C treat unexplained investments, unexplained money

SULPHI SAINUDEEN SUNJU,ALAPPUZHA vs. THE ITO WARD 1 & TPS, ALAPPUZHA, ALAPPUZHA

In the result, the assessee’s appeal is dismissed

ITA 701/COCH/2022[2017-2018]Status: DisposedITAT Cochin20 Jan 2023AY 2017-2018

Bench: Smt. Beena Pillai & Ms. Padmavathy S.Assessment Year : 2017-18

For Appellant: Shri R. Krishna, CAFor Respondent: Shri M. Rajasekhar, CIT(DR)
Section 115BSection 263Section 68

money should be taxed under the special rates specified u/s 115BBE. It is a fact that the AO has not subjected such unexplained credits in' the capital account at special tax rates specified u/s 115BBE. The assessee's further view is that since he has preferred appeal before the CIT(A) against the additions made by the AO, the present

SRI.AJU ABDURAHIMAN,CALICUT vs. THE ITO, CALICUT

In the result, the appeal filed by the assessee in ITA No

ITA 401/COCH/2015[2008-09]Status: DisposedITAT Cochin05 Jul 2018AY 2008-09

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

Section 144Section 148

unexplained investment made by the assessee . 6. On appeal, the CIT(A) observed that the assessee could not prove with clinching evidence that the money had come from refund of advance given for purchase of a property. According to the CIT(A), there was no proof that the amounts deposited in the bank accounts were the refunds of the same

SRI.AJU ABDURAHIMAN,CALICUT vs. THE ITO, CALICUT

In the result, the appeal filed by the assessee in ITA No

ITA 400/COCH/2015[2007-08]Status: DisposedITAT Cochin05 Jul 2018AY 2007-08

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

Section 144Section 148

unexplained investment made by the assessee . 6. On appeal, the CIT(A) observed that the assessee could not prove with clinching evidence that the money had come from refund of advance given for purchase of a property. According to the CIT(A), there was no proof that the amounts deposited in the bank accounts were the refunds of the same

SITARAM THRIKKUR SUBBARAMAN,THRISSUR vs. ITO, WARD 2(1), THRISSUR

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

ITA 398/COCH/2025[2014-15]Status: DisposedITAT Cochin31 Jul 2025AY 2014-15

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm Assessment Year: 2014-15 Sitaram Thrikkur Subbaraman .......... Appellant Xxxi 289 Lakshmi Nivas, Pushpagiri Thrissur - 680002 [Pan: Aiops8626E] Vs. The Income Tax Officer, Wd-2(1), Thrissur .......... Respondent Appellant By: Shri Jai Krishna, Advocate Respondent By: Smt. Veni Raj, Cit-Dr Date Of Hearing: 11.06.2025 Date Of Pronouncement: 31.07.2025

For Appellant: Shri Jai Krishna, AdvocateFor Respondent: Smt. Veni Raj, CIT-DR
Section 147Section 69A

unexplained money of the assessee rejecting the contention of the appellant that the said cash deposits were made out of business receipts of the partnership firm, M/s. Sitaram Auto Sales and Service in which the appellant was a partner, as the firm’s bank account was frozen by the bank for non repayment of loans. As regards the capital gains

SRI SRAVAN KUMAR NEELA,NALGONDA vs. ACIT CENTRAL CIRCLE 1, KOZHIKODE

In the result, the instant appeals by the assesses are dismissed

ITA 899/COCH/2022[2017-18]Status: DisposedITAT Cochin15 Apr 2024AY 2017-18

Bench: Shri Sanjay Arora & Shri Manomohan Dasuma Maheshwara Rao Chinni Asst. Cit, Central Circle -1, Hno. 7-298, 7 Ward Aayakar Bhavan (North Block) Gandhi Bomma Centre Vs. Kozhikode 673001 Dachepalle, Guntur 522414 [Pan:Arjpc0342D] (Appellant) (Respondent)

For Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 115BSection 132ASection 143(3)Section 147Section 148Section 153ASection 69A

gains of business or profession”. The law in the matter was explained thus: ‘The scheme of sections 69 , 69A , 69B and 69C of the Income-tax Act, 1961, would show that in cases where the nature and source of investments made by the assessee or the nature and source of acquisition of money, bullion, etc., owned by the assessee

SRI UMA MAHESHWARA RAO CHINNI,GUNTUR vs. ASST COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1, KOZHIKODE

In the result, the instant appeals by the assesses are dismissed

ITA 895/COCH/2022[2017-18]Status: DisposedITAT Cochin15 Apr 2024AY 2017-18

Bench: Shri Sanjay Arora & Shri Manomohan Dasuma Maheshwara Rao Chinni Asst. Cit, Central Circle -1, Hno. 7-298, 7 Ward Aayakar Bhavan (North Block) Gandhi Bomma Centre Vs. Kozhikode 673001 Dachepalle, Guntur 522414 [Pan:Arjpc0342D] (Appellant) (Respondent)

For Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 115BSection 132ASection 143(3)Section 147Section 148Section 153ASection 69A

gains of business or profession”. The law in the matter was explained thus: ‘The scheme of sections 69 , 69A , 69B and 69C of the Income-tax Act, 1961, would show that in cases where the nature and source of investments made by the assessee or the nature and source of acquisition of money, bullion, etc., owned by the assessee

JAMAL MOHAMED ABDUL SATHAR,KALLAMBALAM vs. DCIT, INTERNATIONAL TAXATIION, TRIVANDRUM

In the result, the assessee’s appeal

ITA 21/COCH/2024[2016-2017]Status: DisposedITAT Cochin07 Nov 2024AY 2016-2017

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri.S.Rajeev, AdvocateFor Respondent: Smt.V.Swarnalatha, Sr.DR
Section 143(3)Section 2(14)Section 69A

capital gains of Rs.18,06,650 and section 69A unexplained money addition of Rs.21,85,000, respectively. Both the lower

GOMATHY JALAJA,TRIVANDRUM vs. DCIT, CENTRAL CIRCLE, THIRUVANANTHAPURAM

In the result, the appeals filed by the assessee stand dismissed

ITA 778/COCH/2024[2004-05]Status: DisposedITAT Cochin31 Jul 2025AY 2004-05

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Ms. Anoopa M.J., AdvocateFor Respondent: Smt. Leena Lal, Sr. D.R
Section 132Section 142(1)Section 143(3)Section 144Section 153Section 153C

unexplained money of the appellant. 14. Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order partially granted relief by restricting the addition to the extent of Rs. 9,00,000/-. 15. On further appeal before this Tribunal, the Tribunal vide order dated 22.05.19 in ITA No. 42 to 44 /Coch/2019 for assessment years

GOMATHY JALAJA,TRIVANDRUM vs. DCIT, CENTRAL CIRCLE, THIRUVANANTHAPURAM

In the result, the appeals filed by the assessee stand dismissed

ITA 780/COCH/2024[2007-08]Status: DisposedITAT Cochin31 Jul 2025AY 2007-08

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Ms. Anoopa M.J., AdvocateFor Respondent: Smt. Leena Lal, Sr. D.R
Section 132Section 142(1)Section 143(3)Section 144Section 153Section 153C

unexplained money of the appellant. 14. Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order partially granted relief by restricting the addition to the extent of Rs. 9,00,000/-. 15. On further appeal before this Tribunal, the Tribunal vide order dated 22.05.19 in ITA No. 42 to 44 /Coch/2019 for assessment years

GOMATHY JALAJA,TRIVANDRUM vs. DCIT,CENTRAL CIRCLE, THITUVANANTHAPURAM

In the result, the appeals filed by the assessee stand dismissed

ITA 779/COCH/2024[2005-06]Status: DisposedITAT Cochin31 Jul 2025AY 2005-06

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Ms. Anoopa M.J., AdvocateFor Respondent: Smt. Leena Lal, Sr. D.R
Section 132Section 142(1)Section 143(3)Section 144Section 153Section 153C

unexplained money of the appellant. 14. Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order partially granted relief by restricting the addition to the extent of Rs. 9,00,000/-. 15. On further appeal before this Tribunal, the Tribunal vide order dated 22.05.19 in ITA No. 42 to 44 /Coch/2019 for assessment years

SAINABA,KOZHIKODE vs. ITO, WARD 1 & TPS, KANNUR

In the result, the appeal filed by the assessee stands dismissed

ITA 192/COCH/2025[2017-2018]Status: DisposedITAT Cochin31 Jul 2025AY 2017-2018

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm Assessment Year: 2017-18 Sainaba .......... Appellant 152, Sainaba Manziil, Azhiyoor, Vadakara Kozhikode 673309 [Pan: Dgfps0956H] Vs. The Income Tax Officer, Wd-1 & Tps, Kannur .......... Respondent Appellant By: Shri Suresh Kumar C., Ca Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 12.06.2025 Date Of Pronouncement: 31.07.2025

For Appellant: Shri Suresh Kumar C., CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 139(1)Section 142(1)

unexplained money of the appellant and also assessed the capital gains of Rs. 56,33,929/- on sale of property