M/S POPULAR FINANCE COMPANY,PATHANAMTHITTA vs. THE ACIT,CIR-1,, THIRUVALLA

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

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

reassessment proceedings u/s. 263 pending till the decision of the Apex Court in the cases of Shri Arun Thomas & Shri Thomas Thomas for the Assessment Year 2008-09 as per law. 4. Against this the assessees are in appeal before us with the following grounds of appeals: 1. The order of the learned Pr. Commissioner of Income Tax, Kottayam

M/S SANTHIMADOM AYURNIKETHAN HEALTH RESORT & RESEARCH INSTITUTE TRUST,KOCHI vs. ACIT CENTRAL CIRCLE 2, KOCHI

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

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

reassessment or recomputation exceeds the tax on the total income determined under sub-section (1) of section 143 or on the basis of the regular assessment aforesaid. (4) Where, as a result of an order under section 154 or section 155 or section 250 or section 254, or section 260 or section 262 or section 263 or section

M/S SANTHIMADOM AYURNIKETHAN HEALTH RESORT & RESEARCH INSTITUTE TRUST,ERNAKULAM vs. ACIT CENTRAL CIRCLE-2, KOCHI

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

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

reassessment or recomputation exceeds the tax on the total income determined under sub-section (1) of section 143 or on the basis of the regular assessment aforesaid. (4) Where, as a result of an order under section 154 or section 155 or section 250 or section 254, or section 260 or section 262 or section 263 or section

M/S SANTHIMADOM AYURNIKETHAN HEALTH RESORT & RESEARCH INSTITUTE TRUST,KOCHI vs. ACIT CENTRAL CIRCLE -2, KOCHI

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

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

reassessment or recomputation exceeds the tax on the total income determined under sub-section (1) of section 143 or on the basis of the regular assessment aforesaid. (4) Where, as a result of an order under section 154 or section 155 or section 250 or section 254, or section 260 or section 262 or section 263 or section

M/S SANTHIMADOM AYURNIKETHAN HEALTH RESORT & RESEARCH INSTITUTE TRUST,KOCHI vs. ACIT CENTRAL CIRCLE -2, KOCHI

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

Bench: Shri Sanjay Arora & Ms. Kavitha Rajagopal

reassessment or recomputation exceeds the tax on the total income determined under sub-section (1) of section 143 or on the basis of the regular assessment aforesaid. (4) Where, as a result of an order under section 154 or section 155 or section 250 or section 254, or section 260 or section 262 or section 263 or section

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

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

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 to in sub- section (8) shall

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

1-6-2003 and the said provisions require the Assessing Officer to determine the total income and not the undisclosed income. [Para 18] ■ A plain reading of section 153A shows that, it starts with a non obstante clause, which states that notwithstanding anything contained in sections 139, 147, 148, 149, 151 and 153, in the case of a person where

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

1-6-2003 and the said provisions require the Assessing Officer to determine the total income and not the undisclosed income. [Para 18] ■ A plain reading of section 153A shows that, it starts with a non obstante clause, which states that notwithstanding anything contained in sections 139, 147, 148, 149, 151 and 153, in the case of a person where

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

1-6-2003 and the said provisions require the Assessing Officer to determine the total income and not the undisclosed income. [Para 18] ■ A plain reading of section 153A shows that, it starts with a non obstante clause, which states that notwithstanding anything contained in sections 139, 147, 148, 149, 151 and 153, in the case of a person where

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

1-6-2003 and the said provisions require the Assessing Officer to determine the total income and not the undisclosed income. [Para 18] ■ A plain reading of section 153A shows that, it starts with a non obstante clause, which states that notwithstanding anything contained in sections 139, 147, 148, 149, 151 and 153, in the case of a person where

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

1-6-2003 and the said provisions require the Assessing Officer to determine the total income and not the undisclosed income. [Para 18] ■ A plain reading of section 153A shows that, it starts with a non obstante clause, which states that notwithstanding anything contained in sections 139, 147, 148, 149, 151 and 153, in the case of a person where

SRI. ELDHOSE K. VARGHESE,MUVATTUPUZHA vs. THEDCIT, ERNAKULAM

In the result, appeals for assessment year 2006-07 to 2008-09 and 2010-11 are allowed while the appeals of the assessee for assessment year 2009-10, 2011-12 and 2012-13 are partly allowed

Bench: Shri P. K. Bansal & Shri George George K.

reassessments as the case may be, in accordance with section 153A. Therefore, the fundamental jurisdictional requirement for invoking the powers under section 153C is the seizure or requisitioning of books of account or documents or assets which belong to a person other than the person referred to in section 153A. Otherwise, the Assessing Officer has no jurisdiction

M/S. VIJAYALAXMICASHEW CO.,,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

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

7. The Ld. DR relied on the order of the lower authorities. 8. We have heard the rival submissions and perused the material on record. The Ld. DR reiterated the stand by the Revenue that the assessees shifted the profits to the sister concerns, thereby reducing its tax liability. On the other hand, the learned AR placed reliance

SRI.R.PRAKASH,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

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

7. The Ld. DR relied on the order of the lower authorities. 8. We have heard the rival submissions and perused the material on record. The Ld. DR reiterated the stand by the Revenue that the assessees shifted the profits to the sister concerns, thereby reducing its tax liability. On the other hand, the learned AR placed reliance

SRI.K.RAVINDRANATHAN NAIR,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

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

7. The Ld. DR relied on the order of the lower authorities. 8. We have heard the rival submissions and perused the material on record. The Ld. DR reiterated the stand by the Revenue that the assessees shifted the profits to the sister concerns, thereby reducing its tax liability. On the other hand, the learned AR placed reliance

SRI.R. PRATAP,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

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

7. The Ld. DR relied on the order of the lower authorities. 8. We have heard the rival submissions and perused the material on record. The Ld. DR reiterated the stand by the Revenue that the assessees shifted the profits to the sister concerns, thereby reducing its tax liability. On the other hand, the learned AR placed reliance

M/S. VIJAYALAXMICASHEW CO.,,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

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

7. The Ld. DR relied on the order of the lower authorities. 8. We have heard the rival submissions and perused the material on record. The Ld. DR reiterated the stand by the Revenue that the assessees shifted the profits to the sister concerns, thereby reducing its tax liability. On the other hand, the learned AR placed reliance

SRI.R. PRATAP,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

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

7. The Ld. DR relied on the order of the lower authorities. 8. We have heard the rival submissions and perused the material on record. The Ld. DR reiterated the stand by the Revenue that the assessees shifted the profits to the sister concerns, thereby reducing its tax liability. On the other hand, the learned AR placed reliance