SHAHUL HAMEED,MANANTHAVADY vs. ITO, WARD-2, KALPETTA

In the result, the appeal by the assessee is allowed

Bench: Shri Inturi Rama Rao & Shri Sandeep Singh Karhail

House Property”, which was set off against the income declared under the head “Income from Other Sources”. The AO, vide order passed under section 143(3) read with section 147 of the Act, treated the income declared under the head “Income from Other Sources” as an unexplained investment under section 69

BHIMA JEWELLERS,SULTHAN BATHERY, WAYANAD vs. THE PR CIT, KOZHIKKODE, KOZHIKKODE

In the result, appeal of the assessee is dismissed

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No.208/Coch/2018 Assessment Year : 2013-14 M/S. Bhima Jewellers, Vs. The Pr. Commissioner Of Income- 6/785 Ai, Tax, Kozhikode. Mysore Road, Chungum Junction, Sulthan Bathery, Wayanad-673 592. [Pan: Aakfb 9817C] (Assessee-Appellant) (Revenue-Respondent) Revenue By Shri Dhanaraj A. Sr. Dr Assessee By Shri R. Krishnan, Ca Date Of Hearing 05/07/2018 Date Of Pronouncement 20/08/2018

sections 69, 69A and 69C being treated separately, because such deemed income is not income from salary, house property, profits

SRI UMA MAHESHWARA RAO CHINNI,GUNTUR vs. ASST COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1, KOZHIKODE

In the result, the instant appeals by the assesses are dismissed

Bench: Shri Sanjay Arora & Shri Manomohan Dasuma Maheshwara Rao Chinni Asst. Cit, Central Circle -1, Hno. 7-298, 7 Ward Aayakar Bhavan (North Block) Gandhi Bomma Centre Vs. Kozhikode 673001 Dachepalle, Guntur 522414 [Pan:Arjpc0342D] (Appellant) (Respondent)

Property Transactions Act, etc., with a view to curb the mischief of subsequently disclosing the undisclosed cash/entries/assets of earlier years in return of income filed for current year in the garb of regular business income or income from other sources and paying much less taxes and that too without paying any penalty also. This was also intended to prevent such

SRI SRAVAN KUMAR NEELA,NALGONDA vs. ACIT CENTRAL CIRCLE 1, KOZHIKODE

In the result, the instant appeals by the assesses are dismissed

Bench: Shri Sanjay Arora & Shri Manomohan Dasuma Maheshwara Rao Chinni Asst. Cit, Central Circle -1, Hno. 7-298, 7 Ward Aayakar Bhavan (North Block) Gandhi Bomma Centre Vs. Kozhikode 673001 Dachepalle, Guntur 522414 [Pan:Arjpc0342D] (Appellant) (Respondent)

Property Transactions Act, etc., with a view to curb the mischief of subsequently disclosing the undisclosed cash/entries/assets of earlier years in return of income filed for current year in the garb of regular business income or income from other sources and paying much less taxes and that too without paying any penalty also. This was also intended to prevent such

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

properties ABROAD during the relevant assessment year. The said finding of the CIT (Appeal) to disallow the claim of deduction under section 54F of the Act is illegal, totally unsustainable and perverse. 8. The CIT (Appeals) has thoroughly failed to consider the matter in the right perspective. The assessee is a Non-Resident, filed her return of Income

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

properties ABROAD during the relevant assessment year. The said finding of the CIT (Appeal) to disallow the claim of deduction under section 54F of the Act is illegal, totally unsustainable and perverse. 8. The CIT (Appeals) has thoroughly failed to consider the matter in the right perspective. The assessee is a Non-Resident, filed her return of Income

M/S.OBERON EDIFICES & ESTATES P. LTD,,KOCHI vs. THE PR.CIT,, TRIVANDRUM

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

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No. 361/Coch/2017 Assessment Year : 2013-14 M/S. Oberon Edifices & Estates Vs. The Principal Commissioner Of Pvt. Ltd., Oberon Mall, Income-Tax, Trivandrum. Nh Bye-Pass, Edapally, Kochi-682 024. [Pan:Aaaco 7942E]

house property, the Assessing Officer has erred in assessing the same as profit and gains of business on a lower base in I.T.A. No./361/C/2017 the order passed u/s. 143(3) of the Act which renders the assessment erroneous and prejudicial to the interests of revenue. Accordingly he gave the above directions to the Assessing Officer by invoking the provisions

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

DCIT, THIRUVALLA vs. MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, KOZHENCHERRY

In the result, the appeals of the Revenue are partly allowed for statistical

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

house property” or it would be chargeable under the head “Profits and gains from business or profession", is the question. It may be I.T.A. Nos. 69-72/Coch/2018 & 73-75/Coch/2018 mentioned, in the first instance, that merely because there is an entry in the object clause of the business showing a particular object, would not be the determinative factor

THE ACIT, THIRUVALLA vs. M/S.MUTHOOT PROPERTIES & INVESTMENTS, KOZHENCHERRY

In the result, the appeals of the Revenue are partly allowed for statistical

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

house property” or it would be chargeable under the head “Profits and gains from business or profession", is the question. It may be I.T.A. Nos. 69-72/Coch/2018 & 73-75/Coch/2018 mentioned, in the first instance, that merely because there is an entry in the object clause of the business showing a particular object, would not be the determinative factor

DCIT, THIRUVALLA vs. MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, KOZHENCHERRY

In the result, the appeals of the Revenue are partly allowed for statistical

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

house property” or it would be chargeable under the head “Profits and gains from business or profession", is the question. It may be I.T.A. Nos. 69-72/Coch/2018 & 73-75/Coch/2018 mentioned, in the first instance, that merely because there is an entry in the object clause of the business showing a particular object, would not be the determinative factor

THE ACIT, THIRUVALLA vs. M/S.MUTHOOT PROPERTIES & INVESTMENTS, KOZHENCHERRY

In the result, the appeals of the Revenue are partly allowed for statistical

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

house property” or it would be chargeable under the head “Profits and gains from business or profession", is the question. It may be I.T.A. Nos. 69-72/Coch/2018 & 73-75/Coch/2018 mentioned, in the first instance, that merely because there is an entry in the object clause of the business showing a particular object, would not be the determinative factor

THE ACIT, CIRCLE-1, THIRUVALLA, THIRUVALLA vs. MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, PATHANAMTHITTA

In the result, the appeals of the Revenue are partly allowed for statistical

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

house property” or it would be chargeable under the head “Profits and gains from business or profession", is the question. It may be I.T.A. Nos. 69-72/Coch/2018 & 73-75/Coch/2018 mentioned, in the first instance, that merely because there is an entry in the object clause of the business showing a particular object, would not be the determinative factor

DCIT, THIRUVALLA vs. MAR GREGORIOUS MEMORIAL MUTHOOT MEDICAL CENTRE, KOZHENCHERRY

In the result, the appeals of the Revenue are partly allowed for statistical

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

house property” or it would be chargeable under the head “Profits and gains from business or profession", is the question. It may be I.T.A. Nos. 69-72/Coch/2018 & 73-75/Coch/2018 mentioned, in the first instance, that merely because there is an entry in the object clause of the business showing a particular object, would not be the determinative factor

DCIT, THIRUVALLA vs. MUTHOOT PROPERTIES & INVESTMENTS,, KOZHENCHERRY

In the result, the appeals of the Revenue are partly allowed for statistical

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

house property” or it would be chargeable under the head “Profits and gains from business or profession", is the question. It may be I.T.A. Nos. 69-72/Coch/2018 & 73-75/Coch/2018 mentioned, in the first instance, that merely because there is an entry in the object clause of the business showing a particular object, would not be the determinative factor

KALLULLATHIL THAZHATHEVEETIL NASIR,MANANTHAVADY vs. ITO, WARD-2, KALPETTA

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

house property if income is liable to tax under section 115BBE, is not applicable for the year under reference, as the said restriction came into force by Finance Act 2016 read with Circular No: 3/2017 dated 20/11/2007 only and hence have no application to the year under reference. This being a mistake apparent from record, was omitted to be considered

KALLULLATHIL THAZHATHEVEETIL NASIR,MANATHAVADY vs. ITO,WARD-2, KALPETTA

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

house property if income is liable to tax under section 115BBE, is not applicable for the year under reference, as the said restriction came into force by Finance Act 2016 read with Circular No: 3/2017 dated 20/11/2007 only and hence have no application to the year under reference. This being a mistake apparent from record, was omitted to be considered