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21 results for “reassessment u/s 147”+ Section 113clear

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Key Topics

Section 14720Section 14817Addition to Income17Exemption17Section 143(3)9Reopening of Assessment7Section 115J4Section 153C4Depreciation

ACIT, TRIVANDRUM vs. KERALA STATE ELECTRICITY BOARD, TRIVANDRUM

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

ITA 52/COCH/2019[2005-06]Status: DisposedITAT Cochin08 Aug 2019AY 2005-06

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

Section 115JSection 143(3)Section 147Section 148

reassessment proceedings u/s 147 was initiated as per explanation 2c(iii) & (iv) given under provisos to section 147 whereby excessive relief allowed and excessive loss or any other allowance admitted are deemed to be a case where income chargeable to tax has escaped assessment, i.e. the reopening was done on the income which has been made subject of excessive relief

ACIT, TRIVANDRUM vs. KERALA STATE ELECTRICITY BOARD, TRIVANDRUM

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

Showing 1–20 of 21 · Page 1 of 2

4
Reassessment3
Section 143(2)2
Section 153A2
ITA 53/COCH/2019[2006-07]Status: DisposedITAT Cochin08 Aug 2019AY 2006-07

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

Section 115JSection 143(3)Section 147Section 148

reassessment proceedings u/s 147 was initiated as per explanation 2c(iii) & (iv) given under provisos to section 147 whereby excessive relief allowed and excessive loss or any other allowance admitted are deemed to be a case where income chargeable to tax has escaped assessment, i.e. the reopening was done on the income which has been made subject of excessive relief

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

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

ITA 90/COCH/2022[2010-11]Status: DisposedITAT Cochin14 Sept 2022AY 2010-11

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Sri Surendranath Rao, A.RFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 147Section 148

147 of the Act, the notice u/s 148 of the was issued.” 4. The contention of Ld. A.R. is that the AO while recording the reasons as above has not alleged that there was any failure on the part of assessee to disclose fully or truly all material facts necessary for the purpose of assessment. He relied on the following

JUBILEE MISSION HOSPITAL ,KAKKANAD vs. THE DCIT, KOCHI

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

ITA 91/COCH/2022[2013-14]Status: DisposedITAT Cochin14 Sept 2022AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Sri Surendranath Rao, A.RFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 147Section 148

147 of the Act, the notice u/s 148 of the was issued.” 4. The contention of Ld. A.R. is that the AO while recording the reasons as above has not alleged that there was any failure on the part of assessee to disclose fully or truly all material facts necessary for the purpose of assessment. He relied on the following

JUBILEE MISSION HOSPITAL,THRISSUR vs. THE DCIT, KOCHI

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

ITA 89/COCH/2022[2009-10]Status: DisposedITAT Cochin14 Sept 2022AY 2009-10

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Sri Surendranath Rao, A.RFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 147Section 148

147 of the Act, the notice u/s 148 of the was issued.” 4. The contention of Ld. A.R. is that the AO while recording the reasons as above has not alleged that there was any failure on the part of assessee to disclose fully or truly all material facts necessary for the purpose of assessment. He relied on the following

JUBILEE MISSION HOSPITAL,THRISSUR vs. THE DCIT, THRISSUR

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

ITA 88/COCH/2022[2008-09]Status: DisposedITAT Cochin14 Sept 2022AY 2008-09

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Sri Surendranath Rao, A.RFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 147Section 148

147 of the Act, the notice u/s 148 of the was issued.” 4. The contention of Ld. A.R. is that the AO while recording the reasons as above has not alleged that there was any failure on the part of assessee to disclose fully or truly all material facts necessary for the purpose of assessment. He relied on the following

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

ITA 261/COCH/2016[2006-07]Status: DisposedITAT Cochin03 Oct 2017AY 2006-07

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

Section 132Section 143(1)Section 143(2)Section 153ASection 153CSection 234A

147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that any money, bullion, jewellery or other valuable article or thing or books of account or documents seized or requisitioned belongs or belong to a person other than the person referred to in section 153A, then the books of account or documents or assets

DCIT,, ERNAKULAM vs. JOJO FROZEN FOODS P.LTD, COCHIN

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

ITA 545/COCH/2019[2009-10]Status: DisposedITAT Cochin03 Mar 2020AY 2009-10

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

For Appellant: Sri.Mritunjaya Sharma, Sr.DRFor Respondent: Sri.P.M.Veeramani, CA
Section 143(2)Section 143(3)Section 148

reassessment u/s. 147 is bad-in-law and needs to be quashed.” 5.2 With reference to the issue on merits, the CIT(A) followed the order of the ITAT in assessee’s own case. The relevant finding of the CIT(A) reads as follow:- “7. On merits also, the issue of taxing the freezer deposits stands covered in favour

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

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

ITA 39/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application

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

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

ITA 42/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application

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

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

ITA 37/COCH/2016[2009-10]Status: DisposedITAT Cochin03 Feb 2020AY 2009-10

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application

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

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

ITA 43/COCH/2016[2011-12]Status: DisposedITAT Cochin03 Feb 2020AY 2011-12

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application

SMT. T.C. USHA,KOLLAM vs. THE ACIT, KOLLAM

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

ITA 45/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application

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

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

ITA 38/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application

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

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

ITA 41/COCH/2016[2009-10]Status: DisposedITAT Cochin03 Feb 2020AY 2009-10

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application

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

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

ITA 47/COCH/2016[2008-09]Status: DisposedITAT Cochin03 Feb 2020AY 2008-09

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application

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

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

ITA 48/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application

SMT. T.C. USHA,KOLLAM vs. THE ACIT, KOLLAM

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

ITA 44/COCH/2016[2009-10]Status: DisposedITAT Cochin03 Feb 2020AY 2009-10

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application

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

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

ITA 40/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application

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

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

ITA 49/COCH/2016[2011-12]Status: DisposedITAT Cochin03 Feb 2020AY 2011-12

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

reassessment u/s 147 r.w.s. 148 of the Act. 8.8In view of the above discussion, in our opinion, it is virtually impossible to presume that sale price remained constant throughout the year for every grade and for every kilogram so that on the basis of average closing stock price the entire sales should be above this price. Hence, the application