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 3 Sri.Reji Krishnan. (ii) The Learned AO/CIT(A) have failed to apply the provisions of Section 54F correctly. (iii) The Learned AO/CIT(A) has disallowed Exemption claimed u/s 54F on the sale or 2 separate agricultural lands to invest in 2 separate individual houses

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)

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 of the Act where the user of the premises as a residence was a condition, whereas under section 54F the user

KUNDOLY KRISHNANKUTTY SUNIL,THRISSUR vs. INCOME TAX OFFICER,WARD 2(1), THRISSUR

property\nhabitable. Whereas, the Assessing Officer rejected the aforesaid\nclaim holding that the addition cost was nothing but expenses\nincurred for renovation/improvement. We find that in appeal, the Ld.\nCIT(A) had also rejected the deduction claimed by the Assessee\nunder Section 54F of the Act in respect of the aforesaid addition cost\nby placing reliance upon the judgment

RAPHAEL JOHN (DECEASED),THRISSUR vs. ITO, WARD-2(3), THRISSUR

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

Bench: Shri Inturi Rama Rao

Section 54F will be applicable to one residential house in India. Prior to the said amendment, it is clear that a residential house would include multiple residential units as in the present case where the assessee has got five residential flats. We may also mention here that all the Authorities below have clearly understood that the agreement signed

TRESA JOLLY,ERNAKULAM vs. DCIT , INTERNATIONAL TAXATION, KOCHI

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

Bench: Shri Chandra Poojari & Shri Soundararajan K

section 80C on the grounds that the deduction was not claimed in the original return and the revised return was beyond the time under 139(5) while taking income as per revised return. The Commissioner of Income tax (Appeals) failed to appreciate that Your appellant had made the claim before the completion of assessment by filing a return ofincome

PANATTU URUMIS CHACKO,ERNAKULAM vs. THE INCOME TAX OFFICER, NON CORPORATE WARD 1(1), KOCHI

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

Bench: Shri Waseem Ahmed & Shri Soundararajan Kassessment Years : 2017-18

section 54F, the assessee need not complete the construction of the house and occupy the same. It is enough if the assessee establishes that the assessee had invested the entire net consideration within the stipulated period. Therefore, the Tribunal was justified in allowing the assessee's claim. 6.1 It is an admitted fact that the provisions of deduction

SMT SUNITHA PREM VICTOR,TRIVANDRUM vs. ITO WARD 2(3), TRIVANDRUM

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

Bench: Shri Sanjay Arora & Shri Manomohan Dassunita Prem Victor The Income Tax Officer Tc 25/2813 Mathrubhumi Road Ward – 2(3) Vs. Vanchiyoor, Trivandrum 695035 Trivandrum [Pan:Akopv8566C] (Appellant) (Respondent) Assessee By: Ms. Divya Ravindran, Advocate Revenue By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 11.10.2023 Date Of Pronouncement: 30.10.2023 O R D E R Per Sanjay Arora, Am This Is An Appeal By The Assessee Against The Order Dated 26.10.2022 By The Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)],Partly Allowing Her Appeal Contesting Her Assessment Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) Dated 27.12.2016 For Assessment Year (Ay) 2014-15. 2. The Brief Facts Of The Case Are That The Assessee Returned Her Income For The Relevant Year On 18.12.2014 At Rs.5,67,250, Claiming Deduction Under Section 54 Of The Act At Rs.91,05,096 In Respect Of Construction Of A Residential House During The Relevant Year Against The Capital Gain Arising To Her On Sale Of 3 Pieces Of Land Sold During March, 2013 To November, 2013. The Claim Was, Admitting Her Mistake Inasmuch As The Capital Asset/S Sold Was Not A Residential House, Requested By The Assessee Vide Letter Dated 29.11.2016 For Being Considered U/S. 54F Of The Act; She Not Owning Any Other Residential House On The Date Of Transfer/S. Earlier, On 25.11.2016, A Revised Statement Of Income Was Filed Claiming Exemption With Reference To The Total

section 54 of the Act at Rs.91,05,096 in respect of construction of a residential house during the relevant year against the capital gain arising to her on sale of 3 pieces of land sold during March, 2013 to November, 2013. The claim was, admitting her mistake inasmuch as the capital asset/s sold was not a residential house, requested

BENEESH KUMAR,KOCHI vs. ITO, NON CORP WARD 1(1), KOCHI

In the result, appeal filed by the assessee stands partly allowed

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm Assessment Year: 2013-14 Beneesh Kumar .......... Appellant Madathuparambu House, Thattzham Road Vaduthala, Kochi 682023 [Pan: Agipb7548Q] Vs. The Income Tax Officer .......... Respondent Non-Corporate Ward, Kochi Appellant By: Shri Ramesh Cherian, Advocate Respondent By: Shri Omanakutan, Sr. D.R. Date Of Hearing: 19.03.2025 Date Of Pronouncement: 29.04.2025

house property’, ‘income from business, and ‘capital gains’. The return of income for AY 2013-14 was filed on 02.12.2013 declaring total income of Rs. 2 Beneesh Kumar 2, 13,150/-. Against the said return of income, the assessment was completed by the Income Tax Officer, Ward-1(1), NC, Kochi (hereinafter called "the AO") vide order dated 25.02.2016 passed

SHRI RAVI CHANDY,KOCHI vs. THE ACIT, NON-CORPORATE CIRCLE 1(1), KOCHI, KOCHI

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

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

section 147 r/ws.144B of the Income-tax Act, 1961 (`the Act’) dated 28.3.2022 for assessment year (AY) 2014-15. 2. Explaining the facts of the case, it was submitted by Shri Athul, the learned counsel for the assessee, that the assessment in the first instance was framed on 19.9.2016 (copy on record), denying the assessee deduction u/s.54F, claimed with reference