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

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

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

68 / 69 of the IT Act, 1961 4. Without prejudice to the above there is no justification to assess the income from business declared by the appellant invoking section 115BBE of the IT Act, 1961. 5. The learned Principal Commissioner of Income Tax ought to have found that the income declared pursuant .to survey conducted in the appellant

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

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

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

68 / 69 of the IT Act, 1961 4. Without prejudice to the above there is no justification to assess the income from business declared by the appellant invoking section 115BBE of the IT Act, 1961. 5. The learned Principal Commissioner of Income Tax ought to have found that the income declared pursuant .to survey conducted in the appellant

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

143(3) of the Act. For that reason, the AO has reopened the assessment by issuing notice u/s 148 of the Act and added back the difference of Rs.64.22 lakhs in general fund which had been claimed by assessee as corpus donation. In our opinion, all the material already available on record at the time of completion of original assessment

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

143(3) of the Act. For that reason, the AO has reopened the assessment by issuing notice u/s 148 of the Act and added back the difference of Rs.64.22 lakhs in general fund which had been claimed by assessee as corpus donation. In our opinion, all the material already available on record at the time of completion of original assessment

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

143(3) of the Act. For that reason, the AO has reopened the assessment by issuing notice u/s 148 of the Act and added back the difference of Rs.64.22 lakhs in general fund which had been claimed by assessee as corpus donation. In our opinion, all the material already available on record at the time of completion of original assessment

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

143(3) of the Act. For that reason, the AO has reopened the assessment by issuing notice u/s 148 of the Act and added back the difference of Rs.64.22 lakhs in general fund which had been claimed by assessee as corpus donation. In our opinion, all the material already available on record at the time of completion of original assessment

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

143(3) was completed vide 3 M/s.Sahyadri Agencies Limited. order dated 16.12.2016 accepting the returned income of Rs.14,97,304. 4. Subsequently the CIT issued notice u/s 263 of the I.T.Act for the following reasons:- “During the previous year the company had issued 30,00,000 optional convertible cumulative preference shares of Rs.10 each, fully paid up amounting to Rs.3

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

In the result, appeal of the assessee is dismissed

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

68 to 69D will be subjected to tax at flat rate of 30% and not set off of loss would be allowed against such income. It was submitted that the memorandum explaining the amendments clearly states that the amendment would take place prospectively form AY 2017-18 onwards. 3 Therefore, prior to the amendment in section 115BBE, there

POPULAR MOTORWORLD PRIVATE LIMITED,ERNAKULAM vs. INCOME TAX OFFICER, CORPORATE WARD 2(5), KOCHI

Bench: SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

Section 143(3) of the Act was framed on the Assessee vide Assessment Order, dated 28/12/2016. Subsequently, the Assessing Officer recorded the following reasons for reopening the assessment: “(a) Subsequently on verifying the records it was found that a sum of Rs. 2,82,82,304/-included in the turnover was omitted to be 3 Assessment Year

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

In the result, the appeal by the assessee is allowed

Bench: Shri Inturi Rama Rao & Shri Sandeep Singh Karhail

143(3) read with section 147 of the Act, treated the income declared under the head “Income from Other Sources” as an unexplained investment under section 69 of the Act, and therefore, applied the provisions of section 115-BBE for computing the tax liability of the assessee. It is evident from the record that while assessing

M/S SANTHIMADOM HERBAL CITY TRUST,ERNAKULAM vs. ACIT CENTRAL CIRCLE -2, KOCHI

In the result, the assessee’s appeals are partly allowed

Bench: Shri Sanjay Arora, Am & Shri Manomohan Das, Jm

143(3). The assessment/s dated 28/12/2020 is the first assessment/s, which accordingly is to be regarded as the regular assessments referred to in sec. 234A(1)(b). Accordingly, the interest chargeable would be u/s.234A, from 01.8.2007 (01.8.2008) to 28.12.2010. The amendment to an assessment pursuant to an order, inter alia, u/s.254, as in the instant case, only impacts interest

M/S SANTHIMADOM HERBAL CITY TRUST,ERNAKULAM vs. ACIT CENTRAL CIRCLE 2, KOCHI

In the result, the assessee’s appeals are partly allowed

Bench: Shri Sanjay Arora, Am & Shri Manomohan Das, Jm

143(3). The assessment/s dated 28/12/2020 is the first assessment/s, which accordingly is to be regarded as the regular assessments referred to in sec. 234A(1)(b). Accordingly, the interest chargeable would be u/s.234A, from 01.8.2007 (01.8.2008) to 28.12.2010. The amendment to an assessment pursuant to an order, inter alia, u/s.254, as in the instant case, only impacts interest

M.K RAJENDRAN PILLAI,PATHANAMTHITTA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOLLAM, KOLLAM

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

3. Assessment Proceedings 3.1 The assessee being resident individual earned ‘income from other sources’. The assessee group was subjected to search action u/s 132 on 08.06.2017 which include the assessee, his wife Smt. Valsala ITA Nos.580 to 586/Coch/2022 Raj and two sons Shri Varun Raj and Shri Arun Raj. The premises of various concerns of M/s Sreevalsam Group (controlled

M.K RAJENDRAN PILLAI,PATHANAMTHITTA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOLLAM, KOLLAM

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

3. Assessment Proceedings 3.1 The assessee being resident individual earned ‘income from other sources’. The assessee group was subjected to search action u/s 132 on 08.06.2017 which include the assessee, his wife Smt. Valsala ITA Nos.580 to 586/Coch/2022 Raj and two sons Shri Varun Raj and Shri Arun Raj. The premises of various concerns of M/s Sreevalsam Group (controlled

M.K RAJENDRAN PILLAI,PATHANAMTHITTA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOLLAM, KOLLAM

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

3. Assessment Proceedings 3.1 The assessee being resident individual earned ‘income from other sources’. The assessee group was subjected to search action u/s 132 on 08.06.2017 which include the assessee, his wife Smt. Valsala ITA Nos.580 to 586/Coch/2022 Raj and two sons Shri Varun Raj and Shri Arun Raj. The premises of various concerns of M/s Sreevalsam Group (controlled

M.K RAJENDRAN PILLAI,PATHANAMTHITTA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOLLAM, KOLLAM

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

3. Assessment Proceedings 3.1 The assessee being resident individual earned ‘income from other sources’. The assessee group was subjected to search action u/s 132 on 08.06.2017 which include the assessee, his wife Smt. Valsala ITA Nos.580 to 586/Coch/2022 Raj and two sons Shri Varun Raj and Shri Arun Raj. The premises of various concerns of M/s Sreevalsam Group (controlled

M.K RAJENDRAN PILLAI,PATHANAMTHITTA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOLLAM, KOLLAM

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

3. Assessment Proceedings 3.1 The assessee being resident individual earned ‘income from other sources’. The assessee group was subjected to search action u/s 132 on 08.06.2017 which include the assessee, his wife Smt. Valsala ITA Nos.580 to 586/Coch/2022 Raj and two sons Shri Varun Raj and Shri Arun Raj. The premises of various concerns of M/s Sreevalsam Group (controlled

M.K RAJENDRAN PILLAI,PATHANAMTHITTA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOLLAM, KOLLAM

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

3. Assessment Proceedings 3.1 The assessee being resident individual earned ‘income from other sources’. The assessee group was subjected to search action u/s 132 on 08.06.2017 which include the assessee, his wife Smt. Valsala ITA Nos.580 to 586/Coch/2022 Raj and two sons Shri Varun Raj and Shri Arun Raj. The premises of various concerns of M/s Sreevalsam Group (controlled

M.K RAJENDRAN PILLAI,PATHANAMTHITTA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOLLAM, KOLLAM

In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order

Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.

3. Assessment Proceedings 3.1 The assessee being resident individual earned ‘income from other sources’. The assessee group was subjected to search action u/s 132 on 08.06.2017 which include the assessee, his wife Smt. Valsala ITA Nos.580 to 586/Coch/2022 Raj and two sons Shri Varun Raj and Shri Arun Raj. The premises of various concerns of M/s Sreevalsam Group (controlled