SMT. MARIES JOSEPH,THRISSUR vs. DCIT, INT. TAXATION, KOCHI, KOCHI

In the result, appeal in ITA No

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S

10 of 14 (b) the income from such residential house, other than the one residential house owned on the date of transfer of the original asset, is chargeable under the head "Income from house property". Explanation.—For the purposes of this section,— "net consideration", in relation to the transfer of a capital asset, means the full value of the consideration

SMT. MARIES JOSEPH,THRISSUR vs. DCIT, INT. TAXATION, KOCHI, KOCHI

In the result, appeal in ITA No

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S

10 of 14 (b) the income from such residential house, other than the one residential house owned on the date of transfer of the original asset, is chargeable under the head "Income from house property". Explanation.—For the purposes of this section,— "net consideration", in relation to the transfer of a capital asset, means the full value of the consideration

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

In the result, the appeal by the assessee is allowed

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

property inherited jointly by them measuring 200 cents of land to various persons on 27.8.2013 for a sale consideration of Rs.2,10,00,000. The assessee has entered into a contract with M/s. Varaprada Real Estate P. Ltd., Hyderabad for construction of a residential flat. An amount of Rs.98,20,984 was paid towards the construction of the flat

SRI.JOSE THOMAS,ADOOR vs. THE DCIT, CEN-CIRCLE, KOTTAYAM

In the result, the appeals of the assessesin ITA no

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

property of the assesseeon — (a) the consolidation and division of all or any of the share capital of the company into shares of larger amount** ** **" 11.6 A bare reading thereof would indicate how the legislature contemplates that income chargeable under head "capital gains" has to be computed. The mode of computation is laid down by section 48, whereas by section

SRI.JOSE THOMAS,ADOOR P.O., PATHANAMTHITTA vs. THE ACIT,CEN-CIRCLE, KOTTAYAM

In the result, the appeals of the assessesin ITA no

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

property of the assesseeon — (a) the consolidation and division of all or any of the share capital of the company into shares of larger amount** ** **" 11.6 A bare reading thereof would indicate how the legislature contemplates that income chargeable under head "capital gains" has to be computed. The mode of computation is laid down by section 48, whereas by section

SMT.GRACY BABU,ADOOR P.O. vs. THE DCIT CEN-CIRCLE, KOTTAYAM

In the result, the appeals of the assessesin ITA no

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

property of the assesseeon — (a) the consolidation and division of all or any of the share capital of the company into shares of larger amount** ** **" 11.6 A bare reading thereof would indicate how the legislature contemplates that income chargeable under head "capital gains" has to be computed. The mode of computation is laid down by section 48, whereas by section

MRS.GRACY BABU,ADOOR P.O., PATHANAMTHITTA vs. THE DCIT, CEN-CIRCLE, KOTTAYAM

In the result, the appeals of the assessesin ITA no

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

property of the assesseeon — (a) the consolidation and division of all or any of the share capital of the company into shares of larger amount** ** **" 11.6 A bare reading thereof would indicate how the legislature contemplates that income chargeable under head "capital gains" has to be computed. The mode of computation is laid down by section 48, whereas by section

SRI.JOSE THOMAS,ADOOR vs. THE DCIT, CEN-CIRCLE, KOTTAYAM

In the result, the appeals of the assessesin ITA no

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

property of the assesseeon — (a) the consolidation and division of all or any of the share capital of the company into shares of larger amount** ** **" 11.6 A bare reading thereof would indicate how the legislature contemplates that income chargeable under head "capital gains" has to be computed. The mode of computation is laid down by section 48, whereas by section

SRI.JOSE THOMAS,ADOOR vs. THE DCIT, CEN-CIRCLE, KOTTAYAM

In the result, the appeals of the assessesin ITA no

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

property of the assesseeon — (a) the consolidation and division of all or any of the share capital of the company into shares of larger amount** ** **" 11.6 A bare reading thereof would indicate how the legislature contemplates that income chargeable under head "capital gains" has to be computed. The mode of computation is laid down by section 48, whereas by section

SRI.JOSE THOMAS,ADOOR vs. THE DCIT, CEN-CIRCLE, KOTTAYAM

In the result, the appeals of the assessesin ITA no

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

property of the assesseeon — (a) the consolidation and division of all or any of the share capital of the company into shares of larger amount** ** **" 11.6 A bare reading thereof would indicate how the legislature contemplates that income chargeable under head "capital gains" has to be computed. The mode of computation is laid down by section 48, whereas by section

SMT.GRACY BABU,ADOOR P.O. vs. THE DCIT CEN-CIRCLE, KOTTAYAM

In the result, the appeals of the assessesin ITA no

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

property of the assesseeon — (a) the consolidation and division of all or any of the share capital of the company into shares of larger amount** ** **" 11.6 A bare reading thereof would indicate how the legislature contemplates that income chargeable under head "capital gains" has to be computed. The mode of computation is laid down by section 48, whereas by section

SRI.JOSE THOMAS,ADOOR vs. THE DCIT, CEN-CIRCLE, KOTTAYAM

In the result, the appeals of the assessesin ITA no

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

property of the assesseeon — (a) the consolidation and division of all or any of the share capital of the company into shares of larger amount** ** **" 11.6 A bare reading thereof would indicate how the legislature contemplates that income chargeable under head "capital gains" has to be computed. The mode of computation is laid down by section 48, whereas by section

SMT.GRACY BABU,ADOOR P.O. vs. THE DCIT CEN-CIRCLE, KOTTAYAM

In the result, the appeals of the assessesin ITA no

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

property of the assesseeon — (a) the consolidation and division of all or any of the share capital of the company into shares of larger amount** ** **" 11.6 A bare reading thereof would indicate how the legislature contemplates that income chargeable under head "capital gains" has to be computed. The mode of computation is laid down by section 48, whereas by section

SMT.GRACY BABU,ADOOR P.O. vs. THE DCIT CEN-CIRCLE, KOTTAYAM

In the result, the appeals of the assessesin ITA no

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

property of the assesseeon — (a) the consolidation and division of all or any of the share capital of the company into shares of larger amount** ** **" 11.6 A bare reading thereof would indicate how the legislature contemplates that income chargeable under head "capital gains" has to be computed. The mode of computation is laid down by section 48, whereas by section

THRISSUR DISTRICT POLICE CO OPERATIVE SOCIETY LTD,THRISSUR vs. INCOME TAX OFFICER, THRISSUR

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

Bench: Shri Inturi Rama Rao & Shri Keshav Dubey

house property incomeare not covered under the provision of section 80P(2)(a)(i) of Act as these incomesare not earned by providing credit facilities to its members. ii) The assessee society regularly invested funds not immediately required for business purposes. Interest on such investments, therefore could not fall within the meaning of the expression ‘ profits and gains of business

THRISSUR DISTRICT POLICE CO OPERATIVE SOCIETY LTD,THRISSUR vs. INCOME TAX OFFICER, THRISSUR

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

Bench: Shri Inturi Rama Rao & Shri Keshav Dubey

house property incomeare not covered under the provision of section 80P(2)(a)(i) of Act as these incomesare not earned by providing credit facilities to its members. ii) The assessee society regularly invested funds not immediately required for business purposes. Interest on such investments, therefore could not fall within the meaning of the expression ‘ profits and gains of business

M/S.MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL MISSION HOSPITAL,COCHIN vs. THE DY DIT (EXEMPTION), COCHIN

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

Bench: S/Shri Abraham P George, Am & George George K, Jm Malankara Orthodox Syrian Church Vs The Dy Director Of Income Tax Medical Mission Hospital (Exemption) Kolencherry 682 311 Kochi ( Appellant) (Respondent)

13. The fervent argument of ld.CIT Departmental Representative Mr. Jindal, in this regard, were that the definition of business is very wide as defined in the Act and this definition is also not exhaustive. As per his arguments this clause being an inclusive clause, therefore, not only the four items as enumerated in the definition, but the other activities

ASSISTANT DIRECTOR OF INCOME-TAX(EXEMPTION), TRIVANDRUM vs. KERALA INDUSTRIAL INFRASTRUCTURE DEV.CORPORATION, TRIVANDRUM

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

Housing Society and NDMC (supra). B.2. However, at the same time, in every case, the assessing authorities would have to apply their minds and scrutinize the records, to determine if, and to what extent, the consideration or amounts charged are significantly higher than the cost and a nominal mark-up. If such is the case, then the receipts would indicate