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

11 of 14 only for existing properties in India and not abroad. It is to be noticed that what is provided through subsection (1) of section 54F to the assessee is a benefit which is granted towards making an investment whereas what is contained in the proviso is a condition/restriction towards existing ownership of the asset and therefore it cannot

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

11 of 14 only for existing properties in India and not abroad. It is to be noticed that what is provided through subsection (1) of section 54F to the assessee is a benefit which is granted towards making an investment whereas what is contained in the proviso is a condition/restriction towards existing ownership of the asset and therefore it cannot

SANATANA DHARMA EDUCATIONAL AND CULTURAL SOCIETY,ALAPPUZHA vs. THE COMMISSIONER OF INCOME TAX (EXEMPTION), KOCHI, KOCHI

In the result, appeal of the assessee is allowed for statistical purpose

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

House when a Bill for enacting a statutory provision is being debated are inadmissible for the purpose of interpreting the statutory provision but the speech made by the 14 ITA.Nos.278 & 279/COCH./2024 mover of the Bill explaining the reason for the introduction of the Bill can certainly be referred to for the purpose of ascertaining the mischief sought

SANATANA DHARMA VIDYASALA,ALAPPUZHA vs. THE COMMISSIONER OF INCOME TAX (EXEMPTION), KOCHI, KOCHI

In the result, appeal of the assessee is allowed for statistical purpose

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

House when a Bill for enacting a statutory provision is being debated are inadmissible for the purpose of interpreting the statutory provision but the speech made by the 14 ITA.Nos.278 & 279/COCH./2024 mover of the Bill explaining the reason for the introduction of the Bill can certainly be referred to for the purpose of ascertaining the mischief sought

LAST HOUR MINISTRY,THIRUVALLA vs. ACIT(EXEMPTION), KOCHI

In the result, all the appeals filed by the assessees stand allowed

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

5. Brief facts of the case are that the assessee was registered u/s. 12A of the Income Tax Act, 1961 (for short, 'the Act') vide order dated 21/02/2004 duly registered under the Trust Act. The assessee trust was formed with the object of rendering relief to the poor in the form of housing project, education to poor children, community development

LOVE INDIA MINISTRIES,THIRUVALLA vs. THE DCIT(EXEMPTION), KOCHI

In the result, all the appeals filed by the assessees stand allowed

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

5. Brief facts of the case are that the assessee was registered u/s. 12A of the Income Tax Act, 1961 (for short, 'the Act') vide order dated 21/02/2004 duly registered under the Trust Act. The assessee trust was formed with the object of rendering relief to the poor in the form of housing project, education to poor children, community development

AYANA CHARITABLE TRUST,THIRUVALLA vs. DCIT(EXEMPTION), TRIVANDRUM

In the result, all the appeals filed by the assessees stand allowed

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

5. Brief facts of the case are that the assessee was registered u/s. 12A of the Income Tax Act, 1961 (for short, 'the Act') vide order dated 21/02/2004 duly registered under the Trust Act. The assessee trust was formed with the object of rendering relief to the poor in the form of housing project, education to poor children, community development

M/S.BELIEVERS EASTERN CHURCH,THIRUVALLA vs. THE CIT (EXEMPTION), KOCHI

In the result, all the appeals filed by the assessees stand allowed

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

5. Brief facts of the case are that the assessee was registered u/s. 12A of the Income Tax Act, 1961 (for short, 'the Act') vide order dated 21/02/2004 duly registered under the Trust Act. The assessee trust was formed with the object of rendering relief to the poor in the form of housing project, education to poor children, community development

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

11 of 19 4.1 Subsequent to reason recorded, a notice u/s 148 of the Act was issued on 31.03.2021 and in response, the assessee could filed its return of income only on 21.02.2022 due to glitches in the income tax portal on account of switch over to the new portalby declaring total income at Rs. NILclaiming deduction

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

11 of 19 4.1 Subsequent to reason recorded, a notice u/s 148 of the Act was issued on 31.03.2021 and in response, the assessee could filed its return of income only on 21.02.2022 due to glitches in the income tax portal on account of switch over to the new portalby declaring total income at Rs. NILclaiming deduction

PALLATH NAFEESA,MALAPPURAM vs. ITO, TIRUR

In the result, appeal filed by the assessee allowed

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Pallath Nafeesa The Income Tax Officer Poolakkodan House Tirur Athirumada, Punnathala Vs. Tirur, Malappuram 676552 [Pan: Alipn9300R] (Appellant) (Respondent)

House Tirur Athirumada, Punnathala vs. Tirur, Malappuram 676552 [PAN: ALIPN9300R] (Appellant) (Respondent) Appellant by: Shri Shaji Paulose, CA Respondent by: Smt. Girly Albert, Sr. D.R. Date of Hearing: 01.10.2024 Date of Pronouncement: 03.10.2024 O R D E R Per Bench This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre, Delhi

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

11 read with Section 2(15) of the Income Tax Act or whether in terms of the first proviso to Section 2(15), they would become ineligible for such exemption. Thus, pithily put, the issue is as to whether its activity would be one which involves the carrying on any activity in the nature of trade, commerce or business

KERALA INDUSTRIAL INFRASTRUTURE DEV CORPORATION(KINFRA),TRIVANDRUM vs. THE ASSISTANT DIRECTOR OF INCOME TAX(EXEMPTION), TRIVANDRUM

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

11 read with Section 2(15) of the Income Tax Act or whether in terms of the first proviso to Section 2(15), they would become ineligible for such exemption. Thus, pithily put, the issue is as to whether its activity would be one which involves the carrying on any activity in the nature of trade, commerce or business

JAMES KUDAKUTHIYIL CHACKO,KERALA vs. DCIT, INTERNATIONAL TAXATION CRICLE, TRIVANDRUM

In the result, appeal is allowed for statistical purposes

Bench: Shri George George K & Ms. Padmavathy Sassessment Year :2012-13 James Kudakuthiyil Chacko, Dcit, Vs. Kbc Enclaves, International Taxation Circle, Laikadu, Perunna P.O. Trivandrum. Changanacherry, Kerala – 686 102. Pan :Ajbpc 2186 R Assessee Respondent

Section 5(1) of the Foreign Exchange Management (Deposit) Regulations 2016, issued by RBI on first April 2016 [FEMA 5(R)/2016-RB]. 5. Learned CIT(A) erred in confirming the view taken by Assessing Officer that there was no relationship between the assessee and Shri T J George for giving such a loan. 6. The Learned Assessing Officer as well

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

property’ (IFHP), and cannot be treated as business income. Reliance stood also placed by it on the decisions in Addl.CIT v. Surat Art and Silk Mfrs. Assn. [1980] 121 ITR 1 (SC); CIT v. Gujarat Maritime Board [2007] 295 ITR 561 (SC); CIT v. Dawoodi Bohra Jamat [2014] 364 ITR 31 (SC); and DIT(E) v. Sabarmati Ashram Gaushala Trust

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

property’ (IFHP), and cannot be treated as business income. Reliance stood also placed by it on the decisions in Addl.CIT v. Surat Art and Silk Mfrs. Assn. [1980] 121 ITR 1 (SC); CIT v. Gujarat Maritime Board [2007] 295 ITR 561 (SC); CIT v. Dawoodi Bohra Jamat [2014] 364 ITR 31 (SC); and DIT(E) v. Sabarmati Ashram Gaushala Trust

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

property’ (IFHP), and cannot be treated as business income. Reliance stood also placed by it on the decisions in Addl.CIT v. Surat Art and Silk Mfrs. Assn. [1980] 121 ITR 1 (SC); CIT v. Gujarat Maritime Board [2007] 295 ITR 561 (SC); CIT v. Dawoodi Bohra Jamat [2014] 364 ITR 31 (SC); and DIT(E) v. Sabarmati Ashram Gaushala Trust

KUMAR MADHAVANPILLAI.S,THIRUVANANTHAPURAM vs. ITO, WARD-1(4), TRIVANDRUM

In the result, the appeal of the assessee is hereby allowed

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Kumar Madhavanpillai S. Income Tax Officer -1(4) Chandra Press & Book Depot Aayakar Bhavan, Kowdiar P.O. Manjalikulam Road Thiruvananthapuram 695003 Vs. Thampanoor Thiruvananthapuram 695001 [Pan: Ajxps9299P] (Appellant) (Respondent)

5. The AO further found that the new property purchased by the assessee consists of property being TC Nos. 25/1726, 25/1727, 25/1728 & 25/1729 for total area of 362.32 sq. mts out of which only property being TC No. 25/1729 having area of 70 sq. mts. is residential property. 3 Kumar Madhavanpillai S. 6. Based on the above observation

REJI KRISHNAN,TRIVANDRUM vs. ITO, WARD-1(1), TRIVANDRUM

In the result, the appeal filed by the assessee is partly allowed and the stay application is dismissed as infructuous

Bench: Shri Chandra Poojari & Shri Soundararajan K

property is also eligible for deduction u/s.54F of the Act and the 4 Sri.Reji Krishnan. other expenses incurred in respect of the transactions are also reasonable and therefore, prayed to allow the appeal. 5. The learned Departmental Representative relied on the orders of the authorities below and prayed to dismiss the appeal. 6. We heard the arguments of both sides