PANICHIKANDY MOHANDASAN,KASARGOD vs. ACIT, CIRCLE-1,KANNUR RANGE, KANNUR

In the result, appeal of the assessee is partly allowed

Bench: Shri George George K., Vp & Shri Inturi Rama Rao, Am

loss under the head ‘house property’. In the circumstance, we are of the considered opinion that in the interest of justice the matter should be remanded to the file of the CIT(A) for de novo adjudication in accordance with law after affording reasonable opportunity of hearing to the appellant. All the contentions raised before us are kept open before

EEPEES DEVELOPERS PRIVATE LIMITED,KOZHIKODE vs. ASSISTANT COMMISSIONER OF INCOME TAX, KOZHIKODE

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

Bench: Shri Inturi Rama Rao & Shri Soundararajan K.Assessment Year : 2013-14

losses of the earlier years and the unabsorbed depreciation and set off the same with the current year’s income. The AO treated the said license fee under the head income from house property

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

setting-up and, then, managing industrial park by the name ‘Infopark Kerala’ at Kochi, which houses such units on leasehold basis. That, in any case, is the only activity being pursued. Sec.2(15) being a definition provision, where its terms are not satisfied, the assessee’s claim of a charitable institution shall be ousted even if its activities

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

setting-up and, then, managing industrial park by the name ‘Infopark Kerala’ at Kochi, which houses such units on leasehold basis. That, in any case, is the only activity being pursued. Sec.2(15) being a definition provision, where its terms are not satisfied, the assessee’s claim of a charitable institution shall be ousted even if its activities

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

setting-up and, then, managing industrial park by the name ‘Infopark Kerala’ at Kochi, which houses such units on leasehold basis. That, in any case, is the only activity being pursued. Sec.2(15) being a definition provision, where its terms are not satisfied, the assessee’s claim of a charitable institution shall be ousted even if its activities

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

loss relating to house property. The appellant humbly submit that the provisions relating to not granting the los relating to 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

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

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

loss relating to house property. The appellant humbly submit that the provisions relating to not granting the los relating to 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

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)

set off of business loss there-against, which was restricted to, apart from regular business income, the income surrendered on account of sundry creditors, repairs to building and advances to staff, i.e., relatable to the assessee’s business, was upheld by the Tribunal and, on further appeal, by the Hon’ble High Court. The computational provisions applicable to different heads

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)

set off of business loss there-against, which was restricted to, apart from regular business income, the income surrendered on account of sundry creditors, repairs to building and advances to staff, i.e., relatable to the assessee’s business, was upheld by the Tribunal and, on further appeal, by the Hon’ble High Court. The computational provisions applicable to different heads

MR.P.C.JOSE,,COCHIN vs. DCIT, COCHIN

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

Bench: Shri Sanjay Arora & Shri Manomohan Dasp.C. Jose Deputy Commissioner Of Prop. Brothers Agencies Income Tax, Circle-2(1) Jews Street Vs. Kochi Ernakulam 682031 [Pan: Abbpj8250F] (Appellant) (Respondent) Deputy Commissioner Of P.C. Jose Income Tax, Circle-2(1) Prop. Brothers Agencies Kochi Vs. Jews Street Ernakulam 682031 [Pan: Abbpj8250F] (Appellant) (Respondent)

house property, the issue as to whether letting is business or property income, it has been explained time and again by the higher Courts (viz. Sultan Bros. (P.) Ltd. v. CIT [1964] 51 ITR 353 (SC)) that each case is to be seen from a businessman’s point of view to find out whether the letting was a doing

SINI NOUSHAD,THRISSUR vs. THE ITO, WARD 1(3), THRISSUR

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

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal & Sa No. 144/Coch/2023 (Assessment Year: 2017-18) Sini Noushad The Income Tax Officer Poovathumkiadavil House Ward - 1(3), Thrissur Kara Post, Peethamaballur Vs. Kathiyalam, Thrissur 608671 [Pan: Emrps6227J] (Appellant) (Respondent)

loss) for the relevant year, is a house property. This is apparent from a reading of para 2 of his order, which also bears reference to the sale deed dated 16.08.2016. It was therefore incumbent on the AO to have estimated the cost of construction, as he did of the cost of land at Rs. 1.50 lakhs (as against

SRI.MOHAMMED SHERIEF,KARUNAGAPPALLY vs. THE DCIT, KOLLAM

In the result, ITA No. 463/Coch/2016 is allowed and ITA No

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm

set aside, and the matter is remitted in its entirety for reconsideration by the Tribunal. The assessee if so advised is given the liberty to raise additional ground within eight weeks from the date of receipt of copy of the judgment.” 2. Brief facts of the case are that the appellant is an individual engaged in the business of dealing

SRI.MOHAMMED SHERIEF,KARUNAGAPPALLY vs. THE ACIT, CENTRAL CIRCLE, KOLLAM

In the result, ITA No. 463/Coch/2016 is allowed and ITA No

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm

set aside, and the matter is remitted in its entirety for reconsideration by the Tribunal. The assessee if so advised is given the liberty to raise additional ground within eight weeks from the date of receipt of copy of the judgment.” 2. Brief facts of the case are that the appellant is an individual engaged in the business of dealing

GOOD HOMES PVT LTD,KOCHI vs. DEPUTY COMMISSIONER OF INCOME TAX CORPORATE CIRCLE 1(1), KOCHI

In the result, the assessee’s appeals are allowed for statistical purposes

Bench: Shri Sanjay Arora, Am &Shriabyt.Varkey, Jm

Housing Organization) for sale of 426 cents of land in 1991, at Rs.10,000 per cent, as against the market price / circle rate of Rs.25,000 per cent, were made. ICDS, which had underwritten the loan from Syndicate Bank, attached the property (except to the extent given to HUDCO) in 1993-1994. That is, the sale of property during this

AJIT ASSOCIATES PRIVATE LIMITED,ERNAKULAM vs. JCIT, CORPORATE RANGE - 1, KOCHI

In the result, the assessee’s appeals are allowed for statistical purposes

Bench: Shri Sanjay Arora, Am &Shriabyt.Varkey, Jm

Housing Organization) for sale of 426 cents of land in 1991, at Rs.10,000 per cent, as against the market price / circle rate of Rs.25,000 per cent, were made. ICDS, which had underwritten the loan from Syndicate Bank, attached the property (except to the extent given to HUDCO) in 1993-1994. That is, the sale of property during this

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

loss arising from the business of card division of Rs. 7,50,927/- and proceeded to hold that the same is to be set off against other income. Thus, the appeal of the assessee was partly allowed by the CIT(A). P.C. Jose 10. Being aggrieved with that part of the order of the CIT(A), which is against

KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LIMITED,THIRUVANANTHAPURAM vs. ITO, CIRCLE 1(1), THIRUVANANTHAPURAM

In the result, appeal filed by the assessee stands allowed

Bench: Shri Inturi Rama Rao, Am & Sonjoy Sarma, Jm Assessment Year:2018-19 Kerala Transport Development Finance .......... Appellant Corporation Limited, Thiruvananthapuram. Pan: Aabck1318F Vs. Income Tax Officer .......... Respondent Circle-1(1), Trivandrum.

loss. Subsequently, on the scrutiny of the assessment order, the Ld. Principal Commissioner of Income Tax (in short “Ld. PCIT”) was of the opinion that the assessment order is erroneous and prejudicial to the interest of the Revenue for the failure of the AO to verify the claim for allowance of depreciation U/s. 32 of the Act on intangible asset

THE DCIT,CEN-CIRCLE,, THRISSUR vs. SRI.T.G. CHANDRAKUMAR, THRISSUR

In the result, the Appeal by the Revenue is allowed on the aforesaid terms

Bench: Shri Sanjay Arora (Accountant Member), Shri Sandeep Gosain (Judicial Member)

property benami is to save on tax. Returning income in their hands would thus only be in consonance with and to give effect to the scheme of fraud being perpetrated on the Revenue. We shall consider the case of each of the four sellers separately as, apart from the overall factual background, the burden is on the Revenue to establish

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

housing project, education to poor children, community development etc. The assessee filed its returns of income after claiming exemption u/s. 11 of the Act and the same was allowed by the AO. The search and seizure operations u/s. 132 of the Act were conducted on 05/11/2020 in the premises of appellant-society. It was stated that when the search