THE KUNDARA PANCHAYATH SERVICE COOPERATIVE BANK LTD,KOLLAM vs. INCOME TAX OFFICER, WARD 4, KOLLAM

In the result, appeals filed by the assessee are allowed

Bench: Shri Inturi Rama Rao & Shri Keshav Dubey

housing society; property chargeable under section 22. (2) An urban consumer society; (3) A society carrying on transport business; (4) A society

THE ACIT, CORP CIRCLE-1(2), KOCHI vs. M/S.KNOWELL REALTORS INDIA P. LTD, KOCHI

In the result, the Revenue’s appeals are allowed

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

2. The brief facts of the case are that the assessee-company, incorporated on 27.09.1996 (as M.A.Agencies India Private Limited), purchased land in FY 1996- 1997, commencing construction thereon in the following year, which continued up ITA Nos.192-193/Coch/2019 (AY 2012-2013 & 2015-16) Asst. CIT v. Knowell Realtors India (P.) Ltd. to FY 2003-2004, even as improvements thereto continued

THE ACIT, CORP CIRCLE-1(2), KOCHI vs. M/S.KNOWELL REALTORS INDIA P. LTD, KOCHI

In the result, the Revenue’s appeals are allowed

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

2. The brief facts of the case are that the assessee-company, incorporated on 27.09.1996 (as M.A.Agencies India Private Limited), purchased land in FY 1996- 1997, commencing construction thereon in the following year, which continued up ITA Nos.192-193/Coch/2019 (AY 2012-2013 & 2015-16) Asst. CIT v. Knowell Realtors India (P.) Ltd. to FY 2003-2004, even as improvements thereto continued

SREENI PARAMESWARAN,ERNAKULAM vs. ACIT CORPORATE CIRCLE 2(1), KOCHI

In the result, appeal by the assessee is allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Dassreeni Parameswaran Asst. Cit, 7/42 – B5, Mystic Bells Corporate Circle- 2(1) Villa No. 1, Eroor Desom Kochi Nadama Village Vs. Ernakulam 682308 [Pan: Bahps6202C] (Appellant) (Respondent) Appellant By: Ms. K. Krishna, Advocate Respondent By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 18.08.2023 Date Of Pronouncement: 30.10.2023 O R D E R Per:Sanjay Arora, Am This Is An Appeal By The Assessee Agitating The Order Dated 20.01.2023 By The National Faceless Appeal Centre, Delhi (Nfac), Dismissing His Appeal Contesting His Assessment Under Section 147 Read With Section 143(3) Of The Income Tax Act, 1961 (Hereinafter "The Act") Dated 28.03.2016 For Assessment Year (Ay) 2011-12. 2. The Only Issue Arising In The Instant Appeal Is The Validity Or Otherwise In Law, In The Facts & Circumstances Of The Case, Of The Addition By Way Of Deemed Dividend U/S. 2(22)(E) Of The Act For Rs. 62,44,215,Since Confirmed In The First Appeal.

property sold during the current year being a Villa. Thus, though a matter of clarification/verification, would not have any implication for our purpose inasmuch as the balance in this account as at the beginning of the year (01.04.2010) is reckoned at nil. Page 4 ITANo. 186/Coch/2023 (AY 2011-12) Sreeni Parameswaran vs. Asst. CIT 4.5 The debits for the current

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 to be calculated as per the provisions of section 22 -27 of the Act. Income from Other Sources i) The Interest received exclusively from the credit facilities provided to its members will be treated as operating Profit of the Co-operative society& eligible for deduction u/s 80P(2

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 to be calculated as per the provisions of section 22 -27 of the Act. Income from Other Sources i) The Interest received exclusively from the credit facilities provided to its members will be treated as operating Profit of the Co-operative society& eligible for deduction u/s 80P(2

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)

2),(3), (4) & (5) for a consideration of Rs. 1.75 crore which includes land value at Rs. 1.25 crore and building value of Rs. 50 Lakh. Thereafter the AO found, as per the municipal property tax receipt, out of 4 TC number only property being TC No. 25/1684/(4)was residential property and remaining were commercial properties. The AO also

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

section 2(15). However, the Court does not rule out any future claim made and being independently assessed, if GS1 is able to satisfy that what it provides to its customers is charged on cost-basis with at the most, a nominal mark-up. The foregoing neatly sums up the adjudication qua entities as the assessee, which is accordingly

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

section 2(15). However, the Court does not rule out any future claim made and being independently assessed, if GS1 is able to satisfy that what it provides to its customers is charged on cost-basis with at the most, a nominal mark-up. The foregoing neatly sums up the adjudication qua entities as the assessee, which is accordingly

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

section 2(15). However, the Court does not rule out any future claim made and being independently assessed, if GS1 is able to satisfy that what it provides to its customers is charged on cost-basis with at the most, a nominal mark-up. The foregoing neatly sums up the adjudication qua entities as the assessee, which is accordingly

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

section 2(14) have no application to the facts of present case. P.C. Jose 22. Next we proceed to examine the nature of the land based on the material on record. Undisputedly, the lands were classified as agricultural lands in the Revenue records of the state government. There is no dispute on this aspect. The assessee also discharged the onus

MR. PREM MUKUNDAN ,ERNAKULAM vs. THE ITO WARD-2(2), KOCHI, KOCHI

In the result, appeals of the assessee are allowed

Bench: Shri George George K. (Judicial Member), Ms. Padmavathy S. (Accountant Member)

house property and interest. In the said return of income the assessee had declared interest income of his deceased wife from SBI and Canara Bank and claimed TDS credit on the same. Intimation under Section 143(1) of the Act was issued on 13.02.2013, disallowing TDS credit in the name of assessee’s wife. 4. Aggrieved, assessee filed appeal before

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)

House Aayakar Bhavan Hospital Road, Chalakkudy vs. Sakthan Thampuran Nagar Thrissur 680307 Thrissur 680001 [PAN: ACGPJ4958G] (Appellant) (Respondent) Assessee by: Shri T.M. Sreedharan, Sr. Advocate (with Smt. Divya Ravindran, Adv. with him) Revenue by: Smt. J.M. Jamuna Devi, Sr. DR Date of Hearing: 13.07.2023 Date of Pronouncement:09.10.2023 O R D E R Per Sanjay Arora, AM These are cross

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)

House Aayakar Bhavan Hospital Road, Chalakkudy vs. Sakthan Thampuran Nagar Thrissur 680307 Thrissur 680001 [PAN: ACGPJ4958G] (Appellant) (Respondent) Assessee by: Shri T.M. Sreedharan, Sr. Advocate (with Smt. Divya Ravindran, Adv. with him) Revenue by: Smt. J.M. Jamuna Devi, Sr. DR Date of Hearing: 13.07.2023 Date of Pronouncement:09.10.2023 O R D E R Per Sanjay Arora, AM These are cross

M/S PERINGATTU HEALTH FOUNDATION PRIVATE,ERNAKULAM vs. ITO CORPORATE WARD 2(3), KOCHI

In the result, the assessee’s appeal is partly allowed

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

22, the annual value of any property shall be deemed to be— (a) the sum for which the property might reasonably be expected to let from year to year; or (b) where the property or any part of the property is let and the actual rent received or receivable by the owner in respect thereof is in excess

THE ACIT, COCHIN vs. M/S.PVR TOURIST HOME, COCHIN

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm Assessment Year: 2012-13 Acit, Circle-1, Non-Corporate .......... Appellant Iind Floor, C.R. Building, I.S. Press Road Ernakulam 682018 Vs. Pvr Tourist Home .......... Respondent Palarivattom, Kochi 682025 [Pan: Aadfp3442Q] Appellant By: Shri Suresh Sivanandan, Cit-Dr Respondent By: Shri Mohan Pulickal, Advocate Date Of Hearing: 10.03.2025 Date Of Pronouncement: 21.03.2025

house on July 1, 1979. At the time of constitution of the firm the partners brought the land and the respective portion of the building thereon towards their share capital and the firm for several 6 PVT Tourist Home years claimed ownership of the building and based on the same, depreciation was claimed in respect of the building

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

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