US TECHNOLOGY INTERNATIONAL P. LTD,TRIVANDRUM vs. THE ACIT, TRIVANDRUM

In the result, appeal filed by the assessee is partly allowed of statistical purposes

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Us Technology International Pvt. Ltd. Acit, Circle - 1(1) 621, Nila, Technopark Campus 1St Floor, Aayakar Bhavan Vs. Kariyavattom, Trivandrum 695581 Kowdiar [Pan: Aaacu5628B] Thiruvananthapuram 695003 (Appellant) (Respondent)

Transfer Pricing Officer are bad in law 1.1 The final order issued by the Assistant Commissioner of Income Tax, Circle 1(1) ('Assessing Officer' or 'AO') is bad on facts and in law, and is in violation of the principles of natural justice

M/S.JOY ALUKKAS INDIA P. LTD,COCHIN vs. THE ACIT, COCHIN

In the result, the appeal filed by the Assessee stands partly allowed for statistical purposes

Bench: Shri Inturi Rama Rao, Am& Shri Rahul Chaudharyit (Tp) A No. 119/Coch/2016 (Assessment Year: 2011-12) & It (Tp) A Nos. 38 & 643/Coch/2017 (Assessment Years :2012-13 & 2013-14)

transfer pricing additions and secondly as a capital expenditure.” 10. The ground of appeal No.1 is general in nature, does not require any adjudication. 11. The ground of appeal Nos.2 to 8 challenge the action of the TP addition as confirmed by the DRP and also challenging treating the ‘Joy Alukkas Jewellery LLC, Dubai’ as AE of the appellant

M/S.JOY ALUKKAS INDIA P. LTD,TRICHUR vs. THE ACIT, ERNAKULAM

In the result, the appeal filed by the Assessee stands partly allowed for statistical purposes

Bench: Shri Inturi Rama Rao, Am& Shri Rahul Chaudharyit (Tp) A No. 119/Coch/2016 (Assessment Year: 2011-12) & It (Tp) A Nos. 38 & 643/Coch/2017 (Assessment Years :2012-13 & 2013-14)

transfer pricing additions and secondly as a capital expenditure.” 10. The ground of appeal No.1 is general in nature, does not require any adjudication. 11. The ground of appeal Nos.2 to 8 challenge the action of the TP addition as confirmed by the DRP and also challenging treating the ‘Joy Alukkas Jewellery LLC, Dubai’ as AE of the appellant

UST GLOBAL TECHNOLOGY SERVICES (INDIA) PRIVATE LIMITED,KOCHI vs. DCIT,CORPORATE CIRCLE 2(1), KOCHI

In the result, appeal filed by the assessee stands partly allowed\nfor statistical purpose and the stay application is dismissed as\ninfructuous

Transfer Pricing\nOfficer (TPO) for the purpose of determination of ALP in respect of\nthe above international transaction.\n4\nThe TPO vide order dated 09/10/2023 passed u/s. 92CA(3),\nsuggested the TP adjustment in respect of software development\nagreement of Rs. 12,84,50,000/- and also interest on delayed\nreceivables of Rs. 5,97,26,729/- u/s. 92CA

SONIYA DAVID LATHIKA,THIRUVANANTHAPURAM vs. ITO WARD 2(3), TRIVANDRUM, THIRUVANANTHAPURAM

In the result, the appeal filed by the assessee is allowed for statistical purpose

Bench: Shri Sanjay Arora, Am & Ms. Kavitha Rajagopal, Jm Soniya David Lathika The Ito, Ward-2(3) S. S. Nivas, Vizhinjam, Aayakar Bhavan, Kowdiar, Vs. Mukkola, Venganoor, Trivandrum-4 Thiruvananthapuram, Kerala Pan/Gir No. Ajqpl 8228 A (Assessee) : (Respondent)

price of Rs.3600000 including documentation. 4. The brief facts are that the assessee is an individual and during the year under consideration had sold 36.309 cents of land to the Managing Director of Vizhinjam International Seaport Ltd. (VISL for short) for a total consideration of Rs.99,90,865/- dated 10.08.2011 for providing infrastructure facility to VISL. 5. The learned Assessing

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)

Natural Flavours & Extracts Ltd. consisting of Mr. K.P. Johny (1) & Mrs. Celine Johny(1) &other two to purchase the entire shares of the company Equity shares of 84,000--- (not clear) --- for a total consideration of Rs.6.75,00,000 (Rupees Six Crores & Seventy Five Lakhs Only). Copy of the agreement is enclosed herewith. 2. The number of shares purchased

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)

Natural Flavours & Extracts Ltd. consisting of Mr. K.P. Johny (1) & Mrs. Celine Johny(1) &other two to purchase the entire shares of the company Equity shares of 84,000--- (not clear) --- for a total consideration of Rs.6.75,00,000 (Rupees Six Crores & Seventy Five Lakhs Only). Copy of the agreement is enclosed herewith. 2. The number of shares purchased

MR.P.C.JOSE,,COCHIN vs. DCIT, COCHIN

In the result, the assessee’s appeal is dismissed, and the Revenue’s appeal is partly allowed and partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Dasp.C. Jose Deputy Commissioner Of Prop. Brothers Agencies Income Tax, Circle-2(1) Jews Street Vs. Kochi Ernakulam 682031 [Pan: Abbpj8250F] (Appellant) (Respondent) Deputy Commissioner Of P.C. Jose Income Tax, Circle-2(1) Prop. Brothers Agencies Kochi Vs. Jews Street Ernakulam 682031 [Pan: Abbpj8250F] (Appellant) (Respondent)

justice, one final opportunity is provided for 24.01.2024. Issue notice by RPAD to the assessee as well as at the email ID afore referred.’ On 24.01.2024, whereat again none appeared nor adjournment application received, it was noted by the Bench that the only Power of Attorney on record is dated 12.12.20212 in favour of one, Shri P.K. Sasidharan

MRS. HEMA RAMNATH,KOCHI vs. DCIT, ERNAKULAM

In the result, the assessee’s appeal is allowed for statistical purposes

Bench: Shri Sanjay Arora & Dr. Seethalakshmihema Ramnath Dy. Cit, Corporate Circle 1(1) 35/2968, Laxmi Villa Ernakulam 682018 Church Road, Palarivattom Vs. Kochi - 682025 [Pan:Aavpr8682G] (Appellant) (Respondent)

transfer of the capital asset on 23.8.2006 in fact expired on 2 | P a g e Hema Ramnath v. Dy. CIT 22.8.2008. The assessee could have accordingly opted for a ready-to-purchase flat, or one that was near completion. She could have, in view of the construction being delayed, opted out, and purchased another flat. Aggrieved, assessee

RUCHIT PARIMAL ASHAR,SANALA ROAD, MORBI vs. ACIT, CENTRAL CIRLCE-1, KOZHIKODE

In the result, appeal of the assessee is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

nature. We further note that we have deleted the addition made by the AO and subsequently confirmed by the ld. CIT-A on merit and thereby allowed the assessee’s ground of appeal on merit of the case. Since the assessee gets the benefit on merit, we are not inclined to adjudicate the issue on technical ground raised

A B C SALES CORPORATION ,KANNUR vs. ITO, CIRCLE-1, KANNUR

In the result, appeal of the assessee is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

nature. We further note that we have deleted the addition made by the AO and subsequently confirmed by the ld. CIT-A on merit and thereby allowed the assessee’s ground of appeal on merit of the case. Since the assessee gets the benefit on merit, we are not inclined to adjudicate the issue on technical ground raised

BATHX BATHWARE INDIA PRIVATE LIMITED,KOCHIN vs. ACIT, CENTRAL CIRCLE-1, KOZHIKODE

In the result, appeal of the assessee is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

nature. We further note that we have deleted the addition made by the AO and subsequently confirmed by the ld. CIT-A on merit and thereby allowed the assessee’s ground of appeal on merit of the case. Since the assessee gets the benefit on merit, we are not inclined to adjudicate the issue on technical ground raised

ABC BUILDWARES INDIA(P) LIMITED,KANNUR vs. ACIT, CENTRAL CIRCLE-1, KOZHIKODE

In the result, appeal of the assessee is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

nature. We further note that we have deleted the addition made by the AO and subsequently confirmed by the ld. CIT-A on merit and thereby allowed the assessee’s ground of appeal on merit of the case. Since the assessee gets the benefit on merit, we are not inclined to adjudicate the issue on technical ground raised

RUCHIT PARIMAL ASHAR,SANALA ROAD, MORBI vs. ACIT CENTRAL CIRCLE-1, CALICUT

In the result, appeal of the assessee is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

nature. We further note that we have deleted the addition made by the AO and subsequently confirmed by the ld. CIT-A on merit and thereby allowed the assessee’s ground of appeal on merit of the case. Since the assessee gets the benefit on merit, we are not inclined to adjudicate the issue on technical ground raised

ABC SALES CORPORATION,KASARAGOD vs. ACIT, CENTRAL CIRCLE-1, KOZHIKODE

In the result, appeal of the assessee is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

nature. We further note that we have deleted the addition made by the AO and subsequently confirmed by the ld. CIT-A on merit and thereby allowed the assessee’s ground of appeal on merit of the case. Since the assessee gets the benefit on merit, we are not inclined to adjudicate the issue on technical ground raised

KAKKOTTAKATH NADUVILAPURAYIL JUNAID,KANNUR vs. ACIT, CENTRAL CIRCLE-1, KOZHIKODE

In the result, appeal of the assessee is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

nature. We further note that we have deleted the addition made by the AO and subsequently confirmed by the ld. CIT-A on merit and thereby allowed the assessee’s ground of appeal on merit of the case. Since the assessee gets the benefit on merit, we are not inclined to adjudicate the issue on technical ground raised

K.ABDUL VAHEED,TALIPARAMBA vs. ACIT, CENTRAL CIRCLE-1, KOZHIKODE

In the result, appeal of the assessee is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

nature. We further note that we have deleted the addition made by the AO and subsequently confirmed by the ld. CIT-A on merit and thereby allowed the assessee’s ground of appeal on merit of the case. Since the assessee gets the benefit on merit, we are not inclined to adjudicate the issue on technical ground raised

ABC SALES CORPORATION,KANNUR vs. ACIT, CENTRAL CIRCLE-1, KOZHIKODE

In the result, appeal of the assessee is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

nature. We further note that we have deleted the addition made by the AO and subsequently confirmed by the ld. CIT-A on merit and thereby allowed the assessee’s ground of appeal on merit of the case. Since the assessee gets the benefit on merit, we are not inclined to adjudicate the issue on technical ground raised

ABC SALES CORPORATION,KANNUR vs. ACIT, CENTRAL CIRCLE-1, KOZHIKODE

In the result, appeal of the assessee is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

nature. We further note that we have deleted the addition made by the AO and subsequently confirmed by the ld. CIT-A on merit and thereby allowed the assessee’s ground of appeal on merit of the case. Since the assessee gets the benefit on merit, we are not inclined to adjudicate the issue on technical ground raised