THACHANATTUKARA FARMERS PRODUCERS COMPANY,PALAKKAD vs. ITO WARD 1, PALAKKAD

In the result, all the appealsare allowed

Bench: Shri Sanjay Arora, Accountantmemberand Shri Manomohan Das, Judicialmember

47/ /Coch/2023 (Assessment Year: 2019-20) Olavanna Service Co-Operative The Income Tax Officer Bank Ltd. Ward – 2(3), Kozhikode vs. Olavanna P.O., Kozhikode [PAN:AAAAO3624P] (Appellant) (Respondent) Appellants by: S/Shri Suresh Kumar, R. Krishnan, CAs & Ms. Lakhmi Menon, Adv. Respondents by: Smt. J.M. Jamuna Devi, Sr. D.R. Date of Hearing: 07.07.2023 Date of Pronouncement

M/S EDAVANAKKAD SERVICE CO-OP BANK LTD NO 1,ERNAKULAM vs. THE ITO WARD 2(5) NON CORPORATE, KOCHI

Bench: SHRI SANJAY ARORA (Accountant Member), SHRI ABY T. VARKEY (Judicial Member)

disallowed by AO mainly 4. on the ground that the assessee is mainly in to banking business and not providing advances/credit for agriculture and Rural Development Activities. According to the AO, the assessee cannot be classified as a Primary Agricultural Credit Society; and since the assessee Co- operative Society is doing banking business, he treated it as a Co- operative

M/S EDAVANAKKAD SERVICE CO-OP BANK LTD NO 1,ERNAKULAM vs. THE ITO WARD 2(5) NON CORPORATE, KOCHI

Bench: SHRI SANJAY ARORA (Accountant Member), SHRI ABY T. VARKEY (Judicial Member)

disallowed by AO mainly 4. on the ground that the assessee is mainly in to banking business and not providing advances/credit for agriculture and Rural Development Activities. According to the AO, the assessee cannot be classified as a Primary Agricultural Credit Society; and since the assessee Co- operative Society is doing banking business, he treated it as a Co- operative

M/S EDAVANAKKAD SERVICE CO-OP BANK LTD NO 1,ERNAKULAM vs. THE ITO WARD 2(5) NON CORPORATE, KOCHI

Bench: SHRI SANJAY ARORA (Accountant Member), SHRI ABY T. VARKEY (Judicial Member)

disallowed by AO mainly 4. on the ground that the assessee is mainly in to banking business and not providing advances/credit for agriculture and Rural Development Activities. According to the AO, the assessee cannot be classified as a Primary Agricultural Credit Society; and since the assessee Co- operative Society is doing banking business, he treated it as a Co- operative

THE KUNDAYAM SERVICE CO-OP BANK LTD,KOLLAM vs. THE ITO WARD 4, KOLLAM

In the result, appeal filed by the assessee is allowed

Bench: Shri George George K. & Ms. Padmavathy S.

disallowing the claim under section 80P and made an addition of Rs.15,62,130/- u/s 40(a)(ia) on the ground that assessee accepted deposits from non- members also. In the absence of details, the AO treated interest paid to the non-members at 10% of the total interest paid. The AO also subjected the interest received from the District

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

disallowed by the Assessing Officer, holding that it was income from other sources. The assessee appealed to the Commissioner, who came to the conclusion that the assessee was liable to pay tax on capital gains on the amount of Rs.35 lacs after deducting an amount of Rs.7 lacs as cost of acquisition. The Department and assessee challenged the decision before

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

disallowed by the Assessing Officer, holding that it was income from other sources. The assessee appealed to the Commissioner, who came to the conclusion that the assessee was liable to pay tax on capital gains on the amount of Rs.35 lacs after deducting an amount of Rs.7 lacs as cost of acquisition. The Department and assessee challenged the decision before

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

disallowed by the Assessing Officer, holding that it was income from other sources. The assessee appealed to the Commissioner, who came to the conclusion that the assessee was liable to pay tax on capital gains on the amount of Rs.35 lacs after deducting an amount of Rs.7 lacs as cost of acquisition. The Department and assessee challenged the decision before

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

disallowed by the Assessing Officer, holding that it was income from other sources. The assessee appealed to the Commissioner, who came to the conclusion that the assessee was liable to pay tax on capital gains on the amount of Rs.35 lacs after deducting an amount of Rs.7 lacs as cost of acquisition. The Department and assessee challenged the decision before

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

disallowed by the Assessing Officer, holding that it was income from other sources. The assessee appealed to the Commissioner, who came to the conclusion that the assessee was liable to pay tax on capital gains on the amount of Rs.35 lacs after deducting an amount of Rs.7 lacs as cost of acquisition. The Department and assessee challenged the decision before

INCOME TAX OFFICER, WARD 1 AND TPS, KANNUR vs. KANNUR BUILDING MATERIALS CO OPERATIVE SOCIETY LIMITED, PAPPINISSERY, KANNUR

In the result, the appeal filed by the revenue ITA No

Bench: Shri Inturi Rama Rao, Am & Shri Anikesh Banerjee, Jm Assessment Year: 2013-14 The Income Tax Officer, Ward 1 & Tps .......... Appellant Aayakar Bhavban, Chovva P.O., Kannur 670006 Vs. Kannur Building Materials Co-Op. Society Ltd .......... Respondent No. C 1741, Pappinissery P.O., Kannur 670561 [Pan: Aaaak7151K]

v. Commissioner of Income-tax [2023] 152 taxmann.com 347 (Kerala)held where assessee-society had collected toddy from its members as well as non-members and sold same through its shop on profit basis, it could not be considered as a co-operative society, engaged in collective disposal of labour of its members as contemplated under section 80P(2

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

OCHANTHURUTH SERVICE CO-OP BANK LTD,COCHIN vs. ITO , NON CORPORATE WARD 2(5), KOCHI

Bench: SHRI SANJAY ARORA (Accountant Member), SHRI ABY T. VARKEY (Judicial Member)

disallowed the claim of assessee made u/s 80P of the Act by framing the assessment u/s 143(3) of the Act by order dated 12.03.2015 computing the total income at Rs.1,24,09,392/- According to the AO, the deduction u/s 80P of the Act was made by the AO mainly on the ground that the assessee’s main activity

INFOPARKS KERALA,COCHIN vs. THE ACIT, COCHIN

In the result, the assessee’s appeals are partly allowed

Bench: Shri Sanjay Arora, Am & Shri Aby T. Varkey, Jm

disallowance thereof would obtain for years prior to AY 2015-2016. 4. We have heard the parties, and perused the material on record. 4.1 Taking the first issue, the Revenue’s understanding of the amended s. 2(15) stands endorsed by the Apex Court in Ahmedabad Urban Development Authority 3 ITA Nos.75-77/Coch/2015 (AYs. 2009-10 to 11-12) Infopark Kerala

INFOPARKS KERALA,TRIVANDRUM vs. THE JT DIRECTOR OF IT (OSD) EXEM), COCHIN

In the result, the assessee’s appeals are partly allowed

Bench: Shri Sanjay Arora, Am & Shri Aby T. Varkey, Jm

disallowance thereof would obtain for years prior to AY 2015-2016. 4. We have heard the parties, and perused the material on record. 4.1 Taking the first issue, the Revenue’s understanding of the amended s. 2(15) stands endorsed by the Apex Court in Ahmedabad Urban Development Authority 3 ITA Nos.75-77/Coch/2015 (AYs. 2009-10 to 11-12) Infopark Kerala

INFOPARKS KERALA,TRIVANDRUM vs. THE JT DIRECTOR OF IT (OSD) EXEM), COCHIN

In the result, the assessee’s appeals are partly allowed

Bench: Shri Sanjay Arora, Am & Shri Aby T. Varkey, Jm

disallowance thereof would obtain for years prior to AY 2015-2016. 4. We have heard the parties, and perused the material on record. 4.1 Taking the first issue, the Revenue’s understanding of the amended s. 2(15) stands endorsed by the Apex Court in Ahmedabad Urban Development Authority 3 ITA Nos.75-77/Coch/2015 (AYs. 2009-10 to 11-12) Infopark Kerala

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

v. CIT 239 ITR 587. vii. The AO disallowed the claim made in the return of income on account of loss of unrealised foreign exchange rate fluctuation on capital assets. It is stated that during the previous year relevant to AY 2012-13, the loss on unrealised foreign exchange rate fluctuation on capital items of Rs. 2

NEW GIRIJA JEWELLERS,KASARGOD vs. THE ITO WARD 1, KASARGOD

Appeal is allowed for statistical purposes in above terms

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhnew Girija Jewellers The Income Tax Officer Kmcw-1-1496, Nr. Bus Stand Ward -1, Kasaragod Main Road, Kanhangad Vs. Kasaragod 671315 [Pan: Aaepn7303F] (Appellant) (Respondent)

V. Swarnalatha, Sr. D.R. Date of Hearing: 22.08.2024 Date of Pronouncement: 23.10.2024 O R D E R Per Bench This assessee’s appeal for A.Y. 2006-07 arises against the National Faceless Appeal Centre, Delhi [CIT(A)]’s DIN & Order No. ITBA/NFAC/S/250/2023- 24/1053982563(1) dated 27.06.2023 in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act). Heard both