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)

68 to 69D. 4.9 The provisions of 115BBE taxing certain types of income @ 60% were brought on statute by Finance Act, 2017 after demonization, after introduction of prevention of Black Money (Undisclosed foreign income & assets) Act; Prohibition of Benami Property Transactions Act, etc., with a view to curb the mischief of subsequently disclosing the undisclosed cash/entries/assets of earlier years

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)

68 to 69D. 4.9 The provisions of 115BBE taxing certain types of income @ 60% were brought on statute by Finance Act, 2017 after demonization, after introduction of prevention of Black Money (Undisclosed foreign income & assets) Act; Prohibition of Benami Property Transactions Act, etc., with a view to curb the mischief of subsequently disclosing the undisclosed cash/entries/assets of earlier years

THE ITO, WD-2, THODUPUZHA, THODUPUZHA vs. SRI.E.J.SONY, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

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

68,671/- is credited in the A/c of Farhana Sait maturity proceeds of a TDR. 9. In reply to Ld. DR’s submissions, the Ld. AR submitted as follows: 1. Advance of Rs 1 Crore to Shobhamony i) Sworn statement of Shobhamony recorded by the TRO on 29/03/2005. It was stated that she was conducting chitty business and received

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

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

68,671/- is credited in the A/c of Farhana Sait maturity proceeds of a TDR. 9. In reply to Ld. DR’s submissions, the Ld. AR submitted as follows: 1. Advance of Rs 1 Crore to Shobhamony i) Sworn statement of Shobhamony recorded by the TRO on 29/03/2005. It was stated that she was conducting chitty business and received

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

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

68,671/- is credited in the A/c of Farhana Sait maturity proceeds of a TDR. 9. In reply to Ld. DR’s submissions, the Ld. AR submitted as follows: 1. Advance of Rs 1 Crore to Shobhamony i) Sworn statement of Shobhamony recorded by the TRO on 29/03/2005. It was stated that she was conducting chitty business and received

SRI.ESSA ISMAIL SAIT,ERNAKULAM vs. THE ACIT,CIR-2(1),, ERNAKULAM

In the result, the appeal of the assessee is partly allowed and the appeals

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

68,671/- is credited in the A/c of Farhana Sait maturity proceeds of a TDR. 9. In reply to Ld. DR’s submissions, the Ld. AR submitted as follows: 1. Advance of Rs 1 Crore to Shobhamony i) Sworn statement of Shobhamony recorded by the TRO on 29/03/2005. It was stated that she was conducting chitty business and received

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

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

68,671/- is credited in the A/c of Farhana Sait maturity proceeds of a TDR. 9. In reply to Ld. DR’s submissions, the Ld. AR submitted as follows: 1. Advance of Rs 1 Crore to Shobhamony i) Sworn statement of Shobhamony recorded by the TRO on 29/03/2005. It was stated that she was conducting chitty business and received

THE ACIT, CIRCLE-1(1), ERNAKULAM, ERNAKULAM vs. SRI.MATHAI XAVIER, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

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

68,671/- is credited in the A/c of Farhana Sait maturity proceeds of a TDR. 9. In reply to Ld. DR’s submissions, the Ld. AR submitted as follows: 1. Advance of Rs 1 Crore to Shobhamony i) Sworn statement of Shobhamony recorded by the TRO on 29/03/2005. It was stated that she was conducting chitty business and received

THE ITO, WARD-2, THODUPUZHA, THODUPUZHA vs. SRI.MARTIN JOHNY, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

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

68,671/- is credited in the A/c of Farhana Sait maturity proceeds of a TDR. 9. In reply to Ld. DR’s submissions, the Ld. AR submitted as follows: 1. Advance of Rs 1 Crore to Shobhamony i) Sworn statement of Shobhamony recorded by the TRO on 29/03/2005. It was stated that she was conducting chitty business and received

THE ITO, WD-2, THODUPUZHA, THODUPUZHA vs. SRI.TOMY MATHEW PARTNER OF MATHAI SONS, KOTHAMANGALAM

In the result, the appeal of the assessee is partly allowed and the appeals

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

68,671/- is credited in the A/c of Farhana Sait maturity proceeds of a TDR. 9. In reply to Ld. DR’s submissions, the Ld. AR submitted as follows: 1. Advance of Rs 1 Crore to Shobhamony i) Sworn statement of Shobhamony recorded by the TRO on 29/03/2005. It was stated that she was conducting chitty business and received

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

68 (Del)  Infrastructure Logistics P Ltd. 141 Taxmann.com 24 (Panaji)(ITAT) (ii) It was further submitted that interest expenditure cannot be disallowed when sufficient interest free funds are available with the Assessee. It was submitted that the Assessee had sufficient interest funds. It was submitted that even where the Assessee had mixed funds made up of own interest free funds

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

68 (Del)  Infrastructure Logistics P Ltd. 141 Taxmann.com 24 (Panaji)(ITAT) (ii) It was further submitted that interest expenditure cannot be disallowed when sufficient interest free funds are available with the Assessee. It was submitted that the Assessee had sufficient interest funds. It was submitted that even where the Assessee had mixed funds made up of own interest free funds

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

68 (Del)  Infrastructure Logistics P Ltd. 141 Taxmann.com 24 (Panaji)(ITAT) (ii) It was further submitted that interest expenditure cannot be disallowed when sufficient interest free funds are available with the Assessee. It was submitted that the Assessee had sufficient interest funds. It was submitted that even where the Assessee had mixed funds made up of own interest free funds

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

68 (Del)  Infrastructure Logistics P Ltd. 141 Taxmann.com 24 (Panaji)(ITAT) (ii) It was further submitted that interest expenditure cannot be disallowed when sufficient interest free funds are available with the Assessee. It was submitted that the Assessee had sufficient interest funds. It was submitted that even where the Assessee had mixed funds made up of own interest free funds

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

68 (Del)  Infrastructure Logistics P Ltd. 141 Taxmann.com 24 (Panaji)(ITAT) (ii) It was further submitted that interest expenditure cannot be disallowed when sufficient interest free funds are available with the Assessee. It was submitted that the Assessee had sufficient interest funds. It was submitted that even where the Assessee had mixed funds made up of own interest free funds

FEDERAL BANK LTD,KOCHI vs. ACIT CORP. CIRCLE-1(1 ) , KOCHI

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

68 (Del)  Infrastructure Logistics P Ltd. 141 Taxmann.com 24 (Panaji)(ITAT) (ii) It was further submitted that interest expenditure cannot be disallowed when sufficient interest free funds are available with the Assessee. It was submitted that the Assessee had sufficient interest funds. It was submitted that even where the Assessee had mixed funds made up of own interest free funds

M/S.SAHYADRI AGENCIES LTD,KANDNASSERY, THRISSUR vs. THE ITO, WD-1(3), THRISSUR

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

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

1)(b) r.w.s. 274 of the I.T.Act.” Due to assessee’s non-cooperation during the assessment proceedings, the Assessing Officer did not have occasion to verify the details regarding the applicability of provisions of section 56(2)(viib) and section 68 of the I.T.Act in respect of the issue / allotment of shares (OPCCPS). The 13 M/s.Sahyadri Agencies Limited

SRI.ANWARSADATH,ALAPPUZHA vs. THE ITO, WD-1, ALAPPUZHA

In the result, the appeals of the assessee are partly allowed

Bench: Shri George George K.

68 of the Act and is so assessed.” 4.1 Similarly, for the assessment year 2004-05, the Assessing Officer made addition of Rs.5,90,709/- on account of unexplained credits in the capital and chitty installments. The relevant finding of the Assessing Officer reads as follows: “4. As regards to the source of capital introduced during the year over