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152 results for “house property”+ Section 54clear

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Key Topics

Section 25068Addition to Income36Section 143(3)35Section 26328Section 37(1)26Disallowance15Section 14A14Deduction14Section 5411Section 40

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

In the result, appeal in ITA No

ITA 613/COCH/2022[2015-2016]Status: DisposedITAT Cochin02 Jan 2023AY 2015-2016

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

For Appellant: Shri. Arun Raj S, AdvocateFor Respondent: Smt. J M Jamuna Devi, Sr AR
Section 250Section 271(1)(c)Section 54F

house property at "Skyline Infinity', Thrissur and Rs 54,18,377 has been admitted as taxable Long Term Capital Gains. In the course of assessment proceedings, the Assessing officer issued notice stating that the assessee is not eligible to claim exemption under section

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

In the result, appeal in ITA No

Showing 1–20 of 152 · Page 1 of 8

...
10
Capital Gains10
Unexplained Investment9
ITA 566/COCH/2022[2015-2016]Status: DisposedITAT Cochin02 Jan 2023AY 2015-2016

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

For Appellant: Shri. Arun Raj S, AdvocateFor Respondent: Smt. J M Jamuna Devi, Sr AR
Section 250Section 271(1)(c)Section 54F

house property at "Skyline Infinity', Thrissur and Rs 54,18,377 has been admitted as taxable Long Term Capital Gains. In the course of assessment proceedings, the Assessing officer issued notice stating that the assessee is not eligible to claim exemption under section

SMT.MERCY GEORGE L/H OF SRI.GEORGE ABRAHAM,KOTTAYAM vs. THE ITO, WD-1, , KOTTAYAM

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

ITA 511/COCH/2019[2013-14]Status: DisposedITAT Cochin05 Nov 2019AY 2013-14

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Thomas Cherian, FCAFor Respondent: Smt.A.S.Bindhu, Sr.DR
Section 54Section 54FSection 54F(4)

house property. The main part of section 54 provides that the assessee has to purchase a house property for the purpose

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

In the result, the appeal by the assessee is allowed

ITA 610/COCH/2022[2014-2015]Status: DisposedITAT Cochin19 Dec 2022AY 2014-2015

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

For Appellant: Shri V Ramnath, CAFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 139(1)Section 143(3)Section 54Section 54F

54(F) deals with capital gains on transfer of certain capital assets not to be charged in case, of investment on house. It reads as under: 54F. Capital gain on transfer of certain capital assets not to be charged income of investment in residential house.— (1) [Subject to the provisions of sub-section (4), where, in the case

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

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

ITA 461/COCH/2024[2017-2018]Status: DisposedITAT Cochin03 Oct 2024AY 2017-2018

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)

For Appellant: Shri Anil Krishnan, AdvocateFor Respondent: Smt. Girly Albert, Sr. D.R
Section 50Section 54

house. The court held that a temporary use for office purpose did not render the property as non- residential unit. The case relied upon by the learned DR namely Dr. A.S. Atwal’s case (supra) is again of no assistance to the case of the revenue. It was a case under section 54

SMT.THULASI SUBASH,THRIKKAKKARA vs. THE ITO, KOCHI

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

ITA 286/COCH/2020[2015-16]Status: HeardITAT Cochin14 Mar 2022AY 2015-16

Bench: Shri George Mathan, Jm & Shri M. Balaganesh, Am Smt. Thulasi Subash The Income Tax Officer 6/460A, Chellam Ward-1(5), Range 1 Kollamkudimugal Vs. Non Corporate Thrikkakara Kochi Kochi 682021 Pan – Ctaps0080B Appellant Respondent

For Appellant: Shri Savio George, CAFor Respondent: Shri Shantham Bose, CIT-DR
Section 143(3)Section 263Section 54

house property whether it qualifies for claiming exemption u/s 54 as required in that section. The Assessing Officer has failed

SRI.ESSA ISMAIL SAIT,ERNAKULAM vs. THE ACIT,CIR-2(1),, ERNAKULAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 605/COCH/2005[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

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

Section 2(24)(vi)Section 48

54 F for new house for Rs 75,00,000 7,60,321 Capital gains chargeable Rs.20,27,017 7.3 In view of the above, it was submitted that profits and gains from transfer of a capital asset to the firm as share capital by a partner on admission can only I.T.A. Nos.605/Coch/2005 & others be charged as capital gains

THE ACIT, CIRCLE-1(1), ERNAKULAM, ERNAKULAM vs. SRI.MATHAI XAVIER, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 451/COCH/2007[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

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

Section 2(24)(vi)Section 48

54 F for new house for Rs 75,00,000 7,60,321 Capital gains chargeable Rs.20,27,017 7.3 In view of the above, it was submitted that profits and gains from transfer of a capital asset to the firm as share capital by a partner on admission can only I.T.A. Nos.605/Coch/2005 & others be charged as capital gains

THE ACIT, CIRCLE-1(1), ERNAKULAM, ERNAKULAM vs. SRI.E.M.PAUL, EDAKATTUKUDIYIL, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 449/COCH/2007[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

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

Section 2(24)(vi)Section 48

54 F for new house for Rs 75,00,000 7,60,321 Capital gains chargeable Rs.20,27,017 7.3 In view of the above, it was submitted that profits and gains from transfer of a capital asset to the firm as share capital by a partner on admission can only I.T.A. Nos.605/Coch/2005 & others be charged as capital gains

THE ITO, WD-2, THODUPUZHA, THODUPUZHA vs. SRI.E.J.SONY, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 355/COCH/2006[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

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

Section 2(24)(vi)Section 48

54 F for new house for Rs 75,00,000 7,60,321 Capital gains chargeable Rs.20,27,017 7.3 In view of the above, it was submitted that profits and gains from transfer of a capital asset to the firm as share capital by a partner on admission can only I.T.A. Nos.605/Coch/2005 & others be charged as capital gains

THEACIT, CIR-1(1),EKM, ERNAKULAM vs. SRI.E.M.JOHNY, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 453/COCH/2007[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

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

Section 2(24)(vi)Section 48

54 F for new house for Rs 75,00,000 7,60,321 Capital gains chargeable Rs.20,27,017 7.3 In view of the above, it was submitted that profits and gains from transfer of a capital asset to the firm as share capital by a partner on admission can only I.T.A. Nos.605/Coch/2005 & others be charged as capital gains

THE ITO, WARD-2, THODUPUZHA, THODUPUZHA vs. SRI.MARTIN JOHNY, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 354/COCH/2006[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

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

Section 2(24)(vi)Section 48

54 F for new house for Rs 75,00,000 7,60,321 Capital gains chargeable Rs.20,27,017 7.3 In view of the above, it was submitted that profits and gains from transfer of a capital asset to the firm as share capital by a partner on admission can only I.T.A. Nos.605/Coch/2005 & others be charged as capital gains

THE ACIT, CIR-1(1), ERNAKULAM, ERNAKULAM vs. SRI.JOSE MATHEW, M/S.E.V.MTHAI & SONS, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 450/COCH/2007[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

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

Section 2(24)(vi)Section 48

54 F for new house for Rs 75,00,000 7,60,321 Capital gains chargeable Rs.20,27,017 7.3 In view of the above, it was submitted that profits and gains from transfer of a capital asset to the firm as share capital by a partner on admission can only I.T.A. Nos.605/Coch/2005 & others be charged as capital gains

THE ITO, WD-2, THODUPUZHA, THODUPUZHA vs. SRI.TOMY MATHEW PARTNER OF MATHAI SONS, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

ITA 419/COCH/2007[1999-2000]Status: DisposedITAT Cochin17 Jan 2019AY 1999-2000

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

Section 2(24)(vi)Section 48

54 F for new house for Rs 75,00,000 7,60,321 Capital gains chargeable Rs.20,27,017 7.3 In view of the above, it was submitted that profits and gains from transfer of a capital asset to the firm as share capital by a partner on admission can only I.T.A. Nos.605/Coch/2005 & others be charged as capital gains

THE ACIT CIR-1(1), THRISSUR vs. SOUTH INDIAN BANK LTD, THRISSUR

In the result, both the appeal filed by the assessee as well as the appeal filed

ITA 219/COCH/2018[2012-13]Status: DisposedITAT Cochin22 Mar 2019AY 2012-13

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

Section 14ASection 36(1)(viii)

Section 36(1)(viii), eligible business means business of providing long term finance for industrial or agricultural development, development of infrastructure facility in India and development of housing in India. The break up of the long term finance was also furnished by the appellant, as below:- Description Interest (Rs.) Income purposes Long Term A/on 11,19,104 Housing Loan housing

SOUTH INDIAN BANK LTD,THRISSUR vs. THE ACIT CIR-1(1), THRISSUR

In the result, both the appeal filed by the assessee as well as the appeal filed

ITA 215/COCH/2018[2012-13]Status: DisposedITAT Cochin21 Mar 2019AY 2012-13

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

Section 14ASection 36(1)(viii)

Section 36(1)(viii), eligible business means business of providing long term finance for industrial or agricultural development, development of infrastructure facility in India and development of housing in India. The break up of the long term finance was also furnished by the appellant, as below:- Description Interest (Rs.) Income purposes Long Term A/on 11,19,104 Housing Loan housing

K P MUHAMMED ALI,CALICUT vs. ITO ( INTERNATIONAL TAXATION), KOZHIKODE

In the result, the assessee’s appeal is partly allowed for statistical purposes

ITA 1008/COCH/2022[2012-13]Status: DisposedITAT Cochin12 Jan 2024AY 2012-13

Bench: Shri Sanjay Arora & Manomohan Dask.P. Muhammed Ali Income Tax Officer K.P. House: 19/1866 (International Taxation) Chalappuram Vs. Kozhikode Calicut 673002 [Pan:Agnpm9397F] (Appellant) (Respondent)

For Appellant: Shri Raghunathan Palakkal, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 2(47)Section 2(47)(vi)Section 53A

House: 19/1866 (International Taxation) Chalappuram Vs. Kozhikode Calicut 673002 [PAN:AGNPM9397F] (Appellant) (Respondent) Appellant by: Shri Raghunathan Palakkal, Advocate Respondent by: Shri Sanjit Kumar Das, CIT-DR Date of Hearing: 16.10.2023 Date of Pronouncement: 12.01.2024 O R D E R Per: Sanjay Arora, AM This is an Appeal by the Assessee arising out of order dated 25.11.2022 by the Commissioner

CARMEL EDUCATIONAL TRUST,PATHANAMTHITTA vs. DCIT,CEN- CIRCLE,, KOTTAYAM

In the result, the appeals of the assesses in ITA no

ITA 306/COCH/2019[2006-07]Status: DisposedITAT Cochin30 Sept 2019AY 2006-07

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

ITA 29/COCH/2019[2006-07]Status: DisposedITAT Cochin30 Sept 2019AY 2006-07

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

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

In the result, the appeals of the assesses in ITA no

ITA 238/COCH/2019[2011-12]Status: DisposedITAT Cochin30 Sept 2019AY 2011-12

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