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169 results for “house property”+ Set Off of Lossesclear

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Key Topics

Section 25077Addition to Income45Section 26328Section 143(3)23Section 115B16Section 37(1)12Section 6912Deduction12Unexplained Investment11

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

In the result, the appeal by the assessee is allowed

ITA 355/COCH/2024[2014-2015]Status: DisposedITAT Cochin27 Mar 2025AY 2014-2015

Bench: Shri Inturi Rama Rao & Shri Sandeep Singh Karhail

For Appellant: --- None ---For Respondent: Smt.Leena Lal, Sr.AR
Section 115Section 133ASection 143(3)Section 147Section 148Section 154Section 250Section 69

House Property” instead of setting off the same against the income added under section 69 of the Act by placing reliance upon the provisions of section 115-BBE(2) of the Act. It is the plea of the assessee that the amendment, whereby the set-off of any loss

Showing 1–20 of 169 · Page 1 of 9

...
Section 1479
Section 1549
House Property6

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

In the result, appeal of the assessee is dismissed

ITA 208/COCH/2018[2013-14]Status: DisposedITAT Cochin17 Aug 2018AY 2013-14

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

Section 115BSection 14Section 143(3)Section 263Section 68Section 69Section 69ASection 69BSection 69CSection 69D

set off business loss with unexplained credit which was treated as its income. Since the assessee had to prove the identity, capacity and creditworthiness of the creditors in question, which led to the treatment of the assessee’s income u/s. 68 of the Act. Now, the only issue between the parties is that as per Revenue, since the addition

SMT.MEENA JOBBY,PALAKKAD vs. THE ITO, PALAKKAD

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

ITA 589/COCH/2019[2015-16]Status: DisposedITAT Cochin10 Mar 2020AY 2015-16

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

For Appellant: Sri.Padmanathan K.V., CAFor Respondent: Sri. Santhom Bose, CIT-DR
Section 143(3)Section 263Section 68

set off of losses against income from other sources, was inserted by the Finance Act, 2016 with effect from 01.04.2017 only, i.e. from assessment year 2017-2018 onwards. In the instant case, admittedly, the assessee was having loss from house property

SRI.C.V.JOBY,PALAKKAD vs. THE ITO, PALAKKAD

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

ITA 689/COCH/2019[2014-15]Status: DisposedITAT Cochin10 Mar 2020AY 2014-15

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

For Appellant: Sri.Padmanathan K.V., CAFor Respondent: Sri. Santhom Bose, CIT-DR
Section 143(3)Section 263Section 68

set off of losses against income from other sources, was inserted by the Finance Act, 2016 with effect from 01.04.2017 only, i.e. from assessment year 2017-2018 onwards. In the instant case, admittedly, the assessee was having loss from house property

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

ITA 361/COCH/2017[2013-14]Status: DisposedITAT Cochin23 Jul 2018AY 2013-14

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]

Section 263

set by decision of jurisdictional High Court in the case of Attukal Shopping Complex P. Ltd. vs. CIT reported in 259 ITR 567. B Pass necessary order recomputing income adopting direction in A above. He may call for and verify each lease agreement before making the computation so that items needing assessment under income from house property and sums involved

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

In the result, appeal of the assessee is partly allowed

ITA 605/COCH/2024[2015-16]Status: DisposedITAT Cochin09 Apr 2025AY 2015-16

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

For Appellant: Shri Arun Raj S., AdvocateFor Respondent: Smt. Leena Lal, Sr. D.R
Section 40A(3)

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

HLL BIOTECH LTD,TRIVANDRUM vs. THE ITO, WD-1(1), TRIVANDRUM

In the result, the appeals of the assessee as well as the Stay Petitions filed

ITA 576/COCH/2018[2013-14]Status: DisposedITAT Cochin15 Mar 2019AY 2013-14

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

loss incurred by the assessee in the relevant accounting years. in such a situation, the expenditure incurred by the assessee for the purpose of setting up its business could not be allowed as deduction, nor could it be adjusted against any other income under any other head. Similarly any income from a non-business source could not be set

HLL BIOTECH LTD,TRIVANDRUM vs. THE ITO, WD-1(1), TRIVANDRUM

In the result, the appeals of the assessee as well as the Stay Petitions filed

ITA 577/COCH/2018[2014-15]Status: DisposedITAT Cochin15 Mar 2019AY 2014-15

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

loss incurred by the assessee in the relevant accounting years. in such a situation, the expenditure incurred by the assessee for the purpose of setting up its business could not be allowed as deduction, nor could it be adjusted against any other income under any other head. Similarly any income from a non-business source could not be set

HLL BIOTECH LTD,TRIVANDRUM vs. THE ITO, WD-1(1), TRIVANDRUM

In the result, the appeals of the assessee as well as the Stay Petitions filed

ITA 578/COCH/2018[2015-16]Status: DisposedITAT Cochin15 Mar 2019AY 2015-16

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

loss incurred by the assessee in the relevant accounting years. in such a situation, the expenditure incurred by the assessee for the purpose of setting up its business could not be allowed as deduction, nor could it be adjusted against any other income under any other head. Similarly any income from a non-business source could not be set

SMT.MITHRA PAUL,MUVATTUPUZHA vs. THE ITO,WD-1, THODUPUZHA

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

ITA 421/COCH/2019[2014-15]Status: DisposedITAT Cochin20 Sept 2019AY 2014-15

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

Section 115BSection 143(3)Section 153Section 263Section 44ASection 69B

set aside the assessment order to the file of the Assessing Officer for de novo examination and to pass a speaking order in accordance with law and per time limit specified u/s. 153 of the I.T. Act, after affording due opportunity to the assessee. 5. Against this, the assessee is in appeal before us. The Ld. AR submitted that section

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

ITA 698/COCH/2023[2013-2014]Status: DisposedITAT Cochin03 Feb 2025AY 2013-2014

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

For Appellant: Smt. Parvathy Ammal, CAFor Respondent: Smt. Leena Lal, Snr. AR

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

THE ACIT, COCHIN vs. M/S.PTL ENTERPRISES LTD, COCHIN

In the result, the appeal filed by the Revenue is dismissed

ITA 84/COCH/2020[2014-15]Status: DisposedITAT Cochin06 Jul 2020AY 2014-15

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

For Appellant: Sri.Mritunjaya Sharma, CIT-DRFor Respondent: S/Sri.Joseph Marcose, Sr.Advocate &
Section 56(2)(ii)

house property”. Though in Bharat Sanchar Nigam Ltd. (supra) it was held that “the courts will generally adopt an earlier pronouncement of the law or a conclusion of fact unless there is a new ground urged or a material change in the factual position” (paragraph 20) and though as evident from the “order” in Shambhu Investments (P) Ltd. 9supra) wherein

THE ACIT, COCHIN vs. M/S.PTL ENTERPRISES LTD, COCHIN

In the result, the appeals filed by the Revenue are dismissed

ITA 162/COCH/2017[2013-14]Status: DisposedITAT Cochin06 May 2019AY 2013-14

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

For Appellant: Sri.Alok MitraFor Respondent: Sri.Abraham Joseph Markose
Section 56(2)(ii)

house property”. Though in Bharat Sanchar Nigam Ltd. (supra) it was held that “the courts will generally adopt an earlier pronouncement of the law or a conclusion of fact unless there is a new ground urged or a material change in the factual position” (paragraph 20) and though as evident from the “order” in ITA No.160-162/Coch/2017 19 M/s.PTL Enterprises Limited

THE ACIT, COCHIN vs. M/S.PTL ENTERPRISES LTD, COCHIN

In the result, the appeals filed by the Revenue are dismissed

ITA 161/COCH/2017[2012-13]Status: DisposedITAT Cochin06 May 2019AY 2012-13

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

For Appellant: Sri.Alok MitraFor Respondent: Sri.Abraham Joseph Markose
Section 56(2)(ii)

house property”. Though in Bharat Sanchar Nigam Ltd. (supra) it was held that “the courts will generally adopt an earlier pronouncement of the law or a conclusion of fact unless there is a new ground urged or a material change in the factual position” (paragraph 20) and though as evident from the “order” in ITA No.160-162/Coch/2017 19 M/s.PTL Enterprises Limited

THE ACIT, COCHIN vs. M/S.PTL ENTERPRISES LTD, COCHIN

In the result, the appeals filed by the Revenue are dismissed

ITA 160/COCH/2017[2011-12]Status: DisposedITAT Cochin06 May 2019AY 2011-12

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

For Appellant: Sri.Alok MitraFor Respondent: Sri.Abraham Joseph Markose
Section 56(2)(ii)

house property”. Though in Bharat Sanchar Nigam Ltd. (supra) it was held that “the courts will generally adopt an earlier pronouncement of the law or a conclusion of fact unless there is a new ground urged or a material change in the factual position” (paragraph 20) and though as evident from the “order” in ITA No.160-162/Coch/2017 19 M/s.PTL Enterprises Limited

SRI.P.V.RAVINDRAN,KANNUR vs. THE ITO, KANNUR

In the result, both the appeals filed by the assessee stands allowed

ITA 302/COCH/2020[2014-15]Status: DisposedITAT Cochin14 Sept 2022AY 2014-15

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri T.M. Sreedharan, AdvFor Respondent: Shri Shantam Bose, CIT DR
Section 115BSection 263Section 3(1)(b)Section 68

House Property of Rs. 72,000 , the provisions u/s 115BBE r.w.s 69 are applicable as the source for the such amount has not been explained with any cogent evidence even during the survey/assessment proceedings but also during the revision proceedings. Therefore this amount is required to be taxed. Further Rs. 5,28,000 said to be the income derived from

SHRI.P.V. RAVEENDRAN,KANNUR vs. THE ITO, KANNUR

In the result, both the appeals filed by the assessee stands allowed

ITA 303/COCH/2020[2015-16]Status: DisposedITAT Cochin14 Sept 2022AY 2015-16

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri T.M. Sreedharan, AdvFor Respondent: Shri Shantam Bose, CIT DR
Section 115BSection 263Section 3(1)(b)Section 68

House Property of Rs. 72,000 , the provisions u/s 115BBE r.w.s 69 are applicable as the source for the such amount has not been explained with any cogent evidence even during the survey/assessment proceedings but also during the revision proceedings. Therefore this amount is required to be taxed. Further Rs. 5,28,000 said to be the income derived from

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

loss of Rs.2,65,320/- and claimed a refund of Rs.24,000/-. The return was processed under Section 143(1)(a) of the Act and refund was also allowed. Subsequently, the assessment was re-opened under Section 147 of the Act on the ground that the assessee had shown sale consideration for the sale of the property at Rs.2

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

loss of Rs.2,65,320/- and claimed a refund of Rs.24,000/-. The return was processed under Section 143(1)(a) of the Act and refund was also allowed. Subsequently, the assessment was re-opened under Section 147 of the Act on the ground that the assessee had shown sale consideration for the sale of the property at Rs.2

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

loss of Rs.2,65,320/- and claimed a refund of Rs.24,000/-. The return was processed under Section 143(1)(a) of the Act and refund was also allowed. Subsequently, the assessment was re-opened under Section 147 of the Act on the ground that the assessee had shown sale consideration for the sale of the property at Rs.2