SRI.K.P. JOHNY,THRISSUR vs. THE DCIT, CIRCLE-2(1), THRISSUR

In the result, both the assessee’s and the Revenue’s appeals are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Dask.P. Johny Asst. Cit, Manappuram House Circle – 2(1) Hospital Road, Chalakkudy Aayakar Bhavan Vs. Thrissur 680307 Sakthan Thampuran Nagar [Pan:Acgpj4958G] Thrissur 680001 (Appellant) (Respondent) Asst. Cit, K.P. Johny Circle – 2(1) Manappuram House Aayakar Bhavan Hospital Road, Chalakkudy Vs. Sakthan Thampuran Nagar Thrissur 680307 Thrissur 680001 [Pan: Acgpj4958G] (Appellant) (Respondent)

transfers to and, thus, investment in Mankoby the assessee being the unexplained cash deposits in his bank (OD) account. Why, rather, we wonder did the AO, then, not make addition for the same, i.e., for Rs.97.64 lakhs instead, which would obviate the need for a separate addition for Rs.70.50 lakhs toward investment in the company or, making it, regard

THE DCIT, CIRCLE-2(1), THRISSUR vs. SRI.K.P. JOHNY, THRISSUR

In the result, both the assessee’s and the Revenue’s appeals are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Dask.P. Johny Asst. Cit, Manappuram House Circle – 2(1) Hospital Road, Chalakkudy Aayakar Bhavan Vs. Thrissur 680307 Sakthan Thampuran Nagar [Pan:Acgpj4958G] Thrissur 680001 (Appellant) (Respondent) Asst. Cit, K.P. Johny Circle – 2(1) Manappuram House Aayakar Bhavan Hospital Road, Chalakkudy Vs. Sakthan Thampuran Nagar Thrissur 680307 Thrissur 680001 [Pan: Acgpj4958G] (Appellant) (Respondent)

transfers to and, thus, investment in Mankoby the assessee being the unexplained cash deposits in his bank (OD) account. Why, rather, we wonder did the AO, then, not make addition for the same, i.e., for Rs.97.64 lakhs instead, which would obviate the need for a separate addition for Rs.70.50 lakhs toward investment in the company or, making it, regard

THE ACIT, CIR-1(1), KOCHI, KOCHI vs. SRI.PRINCE JOSEPH, KOCHI

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

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

Pricing Act and the Registration Act, as amended in the year 2001. Further, the CIT(A) noticed that the possession of the property was not handed over to the buyer as per the terms of the agreement for sale dated 12.12.2008. The CIT(A) further held the advance received from the purchaser was refunded by the assessee and the property

V D DEVASIA,KOTTAYAM vs. ACIT, KOTTAYAM

In the result, the appeals by the assessees are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora, Accountantmemberand Shri Manomohan Das, Judicialmember

deposits. Hence the financial transactions carried out by Smt. Mercy Kurian and Sri Sunny Kutty Thomas cannot be clubbed in the cash flow statements of the appellant. Hence the appellant's grounds are rejected and the additions made by the Assessing Officer on account cash deficits found after such exclusion of financial transactions carried out by Smt. Mercy Kurian

V D DEVASIA,KOTTAYAM vs. ACIT, KOTTAYAM

In the result, the appeals by the assessees are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora, Accountantmemberand Shri Manomohan Das, Judicialmember

deposits. Hence the financial transactions carried out by Smt. Mercy Kurian and Sri Sunny Kutty Thomas cannot be clubbed in the cash flow statements of the appellant. Hence the appellant's grounds are rejected and the additions made by the Assessing Officer on account cash deficits found after such exclusion of financial transactions carried out by Smt. Mercy Kurian

CHENGAZHASSERIL THOMAS KURIAN,KOTTAYAM vs. ACIT CENTRAL CIRCLE KOTTAYAM, KOTTAYAM

In the result, the appeals by the assessees are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora, Accountantmemberand Shri Manomohan Das, Judicialmember

deposits. Hence the financial transactions carried out by Smt. Mercy Kurian and Sri Sunny Kutty Thomas cannot be clubbed in the cash flow statements of the appellant. Hence the appellant's grounds are rejected and the additions made by the Assessing Officer on account cash deficits found after such exclusion of financial transactions carried out by Smt. Mercy Kurian

CHENGAZHASSERIL THOMAS KURIAN,KOTTAYAM vs. ACIT CENTRAL CIRCLE KOTTAYAM, KOTTAYAM

In the result, the appeals by the assessees are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora, Accountantmemberand Shri Manomohan Das, Judicialmember

deposits. Hence the financial transactions carried out by Smt. Mercy Kurian and Sri Sunny Kutty Thomas cannot be clubbed in the cash flow statements of the appellant. Hence the appellant's grounds are rejected and the additions made by the Assessing Officer on account cash deficits found after such exclusion of financial transactions carried out by Smt. Mercy Kurian

V D DEVASIA,KOTTAYAM vs. ACIT, KOTTAYAM

In the result, the appeals by the assessees are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora, Accountantmemberand Shri Manomohan Das, Judicialmember

deposits. Hence the financial transactions carried out by Smt. Mercy Kurian and Sri Sunny Kutty Thomas cannot be clubbed in the cash flow statements of the appellant. Hence the appellant's grounds are rejected and the additions made by the Assessing Officer on account cash deficits found after such exclusion of financial transactions carried out by Smt. Mercy Kurian

V D DEVASIA,KOTTAYAM vs. ACIT, KOTTAYAM

In the result, the appeals by the assessees are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora, Accountantmemberand Shri Manomohan Das, Judicialmember

deposits. Hence the financial transactions carried out by Smt. Mercy Kurian and Sri Sunny Kutty Thomas cannot be clubbed in the cash flow statements of the appellant. Hence the appellant's grounds are rejected and the additions made by the Assessing Officer on account cash deficits found after such exclusion of financial transactions carried out by Smt. Mercy Kurian

CHENGAZHASSERIL THOMAS KURIAN,KOTTAYAM vs. ACIT CENTRAL CIRCLE KOTTAYAM, KOTTAYAM

In the result, the appeals by the assessees are partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora, Accountantmemberand Shri Manomohan Das, Judicialmember

deposits. Hence the financial transactions carried out by Smt. Mercy Kurian and Sri Sunny Kutty Thomas cannot be clubbed in the cash flow statements of the appellant. Hence the appellant's grounds are rejected and the additions made by the Assessing Officer on account cash deficits found after such exclusion of financial transactions carried out by Smt. Mercy Kurian

THE DCIT,CEN-CIRCLE,, THRISSUR vs. SRI.T.G. CHANDRAKUMAR, THRISSUR

In the result, the Appeal by the Revenue is allowed on the aforesaid terms

Bench: Shri Sanjay Arora (Accountant Member), Shri Sandeep Gosain (Judicial Member)

cash, as of no consequence. The assessee did not cross-examine Arun Majeed, while the two brokers present also confirmed their earlier statements in principle (para 21, pgs. 11-13 of the assessment order). The cancellation of the Agreement dated 03/01/2007, which is a very detailed Agreement, would, where so, be backed by various materials and incidences; rather

M/S THE REGIONAL AGRO INDUSTRIAL DEVELOPMENT COOPERATIVE OF KERALA LTD,KANNUR vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KANNUR RANGE

Bench: The Tribunal Within The Time Prescribed. Accordingly, The Delay Of 69 Days In Filing The Present Appeal Is Condoned.

transfer facilities. Faced with this limitation, the Assessee had to withdraw cash from its account with the co- operative bank and deposit the same in the suppliers' bank account, in order to ensure uninterrupted supply of goods and fulfilment of its contractual obligations. This situation clearly constituted a business exigency, driven by urgent operational requirements and systemic banking constraints, compelling

SMT.K.B.SONY,COCHIN vs. THE DCIT, COCHIN

In the result, i) The appeal of the assessee in ITA No

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

price mentioned in the sale deed is not correct. In this case, appeal of the Revenue was dismissed. It is seen that the High Court has gone a step ahead and even considered the existence of both the agreement to sell and the sale deed and upheld the validity and sanctity of the sale deed. In the present case, since

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

price of Rs. 1 lakh received in cash. This sale deed evidently is a conscious attempt to avoid the provisions of Chapter XX-C. This property is worth nearly Rs. 12 crores and the total declared sale consideration is only Rs. 3 crores. By avoiding a normal sale deed, the assessee has circumvent the provisions of Chapter

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

price of Rs. 1 lakh received in cash. This sale deed evidently is a conscious attempt to avoid the provisions of Chapter XX-C. This property is worth nearly Rs. 12 crores and the total declared sale consideration is only Rs. 3 crores. By avoiding a normal sale deed, the assessee has circumvent the provisions of Chapter

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

price of Rs. 1 lakh received in cash. This sale deed evidently is a conscious attempt to avoid the provisions of Chapter XX-C. This property is worth nearly Rs. 12 crores and the total declared sale consideration is only Rs. 3 crores. By avoiding a normal sale deed, the assessee has circumvent the provisions of Chapter

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

price of Rs. 1 lakh received in cash. This sale deed evidently is a conscious attempt to avoid the provisions of Chapter XX-C. This property is worth nearly Rs. 12 crores and the total declared sale consideration is only Rs. 3 crores. By avoiding a normal sale deed, the assessee has circumvent the provisions of Chapter

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

price of Rs. 1 lakh received in cash. This sale deed evidently is a conscious attempt to avoid the provisions of Chapter XX-C. This property is worth nearly Rs. 12 crores and the total declared sale consideration is only Rs. 3 crores. By avoiding a normal sale deed, the assessee has circumvent the provisions of Chapter