M/S.KUNHITHARUVAI MEMORIAL CHARITABLE TRUST,CALICUT vs. THE DCIT, CEN-CIRCLE-2, CALICUT

In the result, the appeals filed by the assessee are disposed of as follows:

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

6 I.T.A. Nos.255-261/Coch/2018 under the Act and Rules, even then, it is reasonable to presume that intimation required u/s. 11 is to be furnished before the AO completes such assessment because such assessment is mandatory and without furnishing the particulars of income, the AO cannot ascertain the claim of exemption u/s. 11 of the Act. Therefore, compliance of requirement

M/S.KUNHITHARUVAI MEMORIAL CHARITABLE TRUST,CALICUT vs. THE DCIT, CEN-CIRCLE-2, CALICUT

In the result, the appeals filed by the assessee are disposed of as follows:

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

6 I.T.A. Nos.255-261/Coch/2018 under the Act and Rules, even then, it is reasonable to presume that intimation required u/s. 11 is to be furnished before the AO completes such assessment because such assessment is mandatory and without furnishing the particulars of income, the AO cannot ascertain the claim of exemption u/s. 11 of the Act. Therefore, compliance of requirement

M/S.KUNHITHARUVAI MEMORIAL CHARITABLE TRUST,CALICUT vs. THE DCIT, CEN-CIRCLE-2, CALICUT

In the result, the appeals filed by the assessee are disposed of as follows:

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

6 I.T.A. Nos.255-261/Coch/2018 under the Act and Rules, even then, it is reasonable to presume that intimation required u/s. 11 is to be furnished before the AO completes such assessment because such assessment is mandatory and without furnishing the particulars of income, the AO cannot ascertain the claim of exemption u/s. 11 of the Act. Therefore, compliance of requirement

M/S.KUNHITHARUVAI MEMORIAL CHARITABLE TRUST,CALICUT vs. THE DCIT, CEN-CIRCLE-2, CALICUT

In the result, the appeals filed by the assessee are disposed of as follows:

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

6 I.T.A. Nos.255-261/Coch/2018 under the Act and Rules, even then, it is reasonable to presume that intimation required u/s. 11 is to be furnished before the AO completes such assessment because such assessment is mandatory and without furnishing the particulars of income, the AO cannot ascertain the claim of exemption u/s. 11 of the Act. Therefore, compliance of requirement

M/S.KUNHITHARUVAI MEMORIAL CHARITABLE TRUST,CALICUT vs. THE DCIT, CEN-CIRCLE-2, CALICUT

In the result, the appeals filed by the assessee are disposed of as follows:

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

6 I.T.A. Nos.255-261/Coch/2018 under the Act and Rules, even then, it is reasonable to presume that intimation required u/s. 11 is to be furnished before the AO completes such assessment because such assessment is mandatory and without furnishing the particulars of income, the AO cannot ascertain the claim of exemption u/s. 11 of the Act. Therefore, compliance of requirement

M/S.KUNHITHARUVAI MEMORIAL CHARITABLE TRUST,CALICUT vs. THE DCIT, CEN-CIRCLE-2, CALICUT

In the result, the appeals filed by the assessee are disposed of as follows:

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

6 I.T.A. Nos.255-261/Coch/2018 under the Act and Rules, even then, it is reasonable to presume that intimation required u/s. 11 is to be furnished before the AO completes such assessment because such assessment is mandatory and without furnishing the particulars of income, the AO cannot ascertain the claim of exemption u/s. 11 of the Act. Therefore, compliance of requirement

JUBILEE MISSION HOSPITAL,THRISSUR vs. THE DCIT, THRISSUR

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

6 of 19 the starting point of the reassessment proceedings now initiated as is evident from the assessment order is the return of income filed originally. The AO had no new or additional material based on which he could form a reason to believe that income had escaped assessment. The AO on a relook at the return, accounts and documents

JUBILEE MISSION HOSPITAL,THRISSUR vs. THE DCIT, KOCHI

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

6 of 19 the starting point of the reassessment proceedings now initiated as is evident from the assessment order is the return of income filed originally. The AO had no new or additional material based on which he could form a reason to believe that income had escaped assessment. The AO on a relook at the return, accounts and documents

JUBILEE MISSION HOSPITAL ,KAKKANAD vs. THE DCIT, KOCHI

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

6 of 19 the starting point of the reassessment proceedings now initiated as is evident from the assessment order is the return of income filed originally. The AO had no new or additional material based on which he could form a reason to believe that income had escaped assessment. The AO on a relook at the return, accounts and documents

JUBILEE MISSION HOSPITAL.,THRISSUR vs. THE DCIT, KOCHI

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

6 of 19 the starting point of the reassessment proceedings now initiated as is evident from the assessment order is the return of income filed originally. The AO had no new or additional material based on which he could form a reason to believe that income had escaped assessment. The AO on a relook at the return, accounts and documents

KERALA STATE CO-OPERATIVE BANK LTD,THIRUVANANTHAPURAM vs. DCIT,CIRCLE-1(1), THIRUVANANHAPURAM

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Assessment Year : 2018-19

6) or sub-section (7), where under-reported income is in consequence of any misreporting thereof by any person, the penalty referred to in sub-section (1) shall be equal to Page 8 of 14 two hundred per cent of the amount of tax payable on under-reported income. (9) The cases of misreporting of income referred

SRI.PARAYARUKANDY VETTATH GANGADHARAN,CALICUT vs. THE DCIT CIRCLE-1(1), CALICUT

In the result, the instant appeal by the assessee is dismissed

Bench: Shri Sanjay Arora & Shri Manomohan Dasparayarukandy Vettath Gangadharan Dy. Cit, Circle - 1(1) Kerala Transport Company (Decd., Calicut Vs. Represented By Lrs.) K.T.C. Building, Ymca Calicut 673001 [Pan: Adhpg8318B] (Appellant) (Respondent)

6 Parayarukandy Vettath Gangadharan (Decd.) v. Dy. CIT the firm that he has not been heard in the matter, and that there has thus been violation of the principles of natural justice? To no answer by Shri Suresh. When the notice of hearing is issued in the name of, and served on, the firm, opportunity of hearing is thereby extended

THE CHOICE FOUNDATION,COCHIN vs. THE ACIT, COCHIN

In the result, appeal filed by the assessee is allowed

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

6 M/s.The Choice Foundation. in computing the total income under the provisions of section 11 & 12 of the Income Tax Act, 1961. (iii) By virtue of section 13(8) of the Income Tax Act, the Assessing Officer had held that nothing contained in section 11 or section 12 shall operate so as to exclude any income from the total income

THE DIT ( EXEMPTION), KOCHI vs. M/S.INDIAN MEDICAL ASSOCIATION COCHIN BRANCH, COCHIN

In the result, both the appeals of the Revenue are dismissed

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

6. We have heard the rival submissions and perused the material on record. The assessee institution is registered u/s. 12AA of the Income Tax Act, 1961 vide application dated 18/09/2007 and this registration was granted w.e.f. 31/05/2007 vide order of the CIT dated 17/03/2008. The dominant objects of the assessee institution are as follows: i) To promote and advance medical

THE ADIT ( EXEMPTION), KOCHI vs. M/S.INDIAN MEDICAL ASSOCIATION COCHIN BRANCH, COCHIN

In the result, both the appeals of the Revenue are dismissed

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

6. We have heard the rival submissions and perused the material on record. The assessee institution is registered u/s. 12AA of the Income Tax Act, 1961 vide application dated 18/09/2007 and this registration was granted w.e.f. 31/05/2007 vide order of the CIT dated 17/03/2008. The dominant objects of the assessee institution are as follows: i) To promote and advance medical

SRI HARIKUTTAN T,KAYAMKULAM vs. INCOME TAX OFFICER WARD 2, ALLEPPEY

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

Bench: Shri Sanjay Arora, Accountantmemberand Shri Manomohan Das, Judicialmember Harikuttan T. The Income Tax Officer (2) 1, Edayilaveetil Tharayil Aayakar Bhavan Njakkanal P.O., Pathiyoor Vs. Alappuzha Co0Llectorate Kayalmulam 690533 Alappuzha 688011 [Pan:Alrpt7536J] (Appellant) (Respondent) Appellant By: Shri M.S. Venkitachalam, Ca Respondent By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing:08.08.2023 Date Of Pronouncement:03.11.2023 O R D E R Per Sanjay Arora, Am This Is An Appeal By Assessee Challenging The Confirmation Of Penalty Levied Under Section 270A Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2017-18 Vide Order Dated 17/02/2022, By The First Appellate Authority, Being The Commissioner Of Income Tax, Nfac [Cit(A)] Vide It’S Order Dated 06.07.2022. 2.1 The Brief Background Facts Of The Case Are That The Assessee, A Retired Defence Personnel, Is A Registered Money Lender Under The Kerala Money Lenders Act (Kml Act), Lending Money On Interest Against Mortgage Of Loan. For The Relevant Year He Returned, Besides Pension, Income From This Business At Rs.2,05,691. On Verification, It Was Found By The Assessing Officer (Ao) That The Assessee Was Maintaining Six Bank Accounts, I.E., Three Each With Two Banks, Being South Indian Bank (Sib) & State Bank Of India (Sbi). Transactions With The Former Were Undisclosed. The Reason Explained Was That The Gold Pawned By His Customers With Him For Availing Loan, Was In Turn Mortgaged With This Bank To Source Funds For Further Lending. These

reassessed has the effect of reducing the loss or converting such loss into income. (3) The amount of under-reported income shall be,—.. (4) – (6) (7) The penalty referred to in sub-section (1) shall be a sum equal to fifty per cent of the amount of tax payable on under-reported income. (8) Notwithstanding anything contained in sub-section

REENA ENGINEERS AND CONTRACTORS PRIVATE LTD,PANAJI vs. ACIT, CENTRAL CIRCLE-1, CALICUT

In the result, the appeals filed by the assessee stand partly

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

6 provides for various information including deductions under section 80IA. Therefore, merely because, separate schedule is provided for deductions under chapter VI-A, it cannot be construed that even in a case of filing return of income under section 153A, the appellant can make a fresh claim. Further, once the assessment is abated, the original return which has been filed

REENA ENGINEERS AND CONTRACTORS PRIVATE LTD,PANAJI vs. ACIT, CENTRAL CIRCLE-1, CALICUT

In the result, the appeals filed by the assessee stand partly allowed statistical purposes

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

6 provides for various information including deductions under section 80IA. Therefore, merely because, separate schedule is provided for deductions under chapter VI-A, it cannot be construed that even in a case of filing return of income under section 153A, the appellant can make a fresh claim. Further, once the assessment is abated, the original return which has been filed

REENA ENGINEERS AND CONTRACTORS PRIVATE LTD,PANAJI vs. ACIT, CENTRAL CIRCLE-1, CALICUT

In the result, the appeals filed by the assessee stand partly allowed statistical purposes

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

6 provides for various information including deductions under section 80IA. Therefore, merely because, separate schedule is provided for deductions under chapter VI-A, it cannot be construed that even in a case of filing return of income under section 153A, the appellant can make a fresh claim. Further, once the assessment is abated, the original return which has been filed