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66 results for “transfer pricing”+ Section 56(2)(vii)clear

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Delhi1,159Mumbai912Bangalore335Karnataka317Ahmedabad194Hyderabad175Jaipur159Chennai155Chandigarh131Kolkata115Indore90Cochin66Calcutta54Pune51Rajkot30Lucknow30Cuttack29Surat25Guwahati20Raipur19Nagpur19SC19Telangana17Jodhpur14Agra9Varanasi5Kerala5Rajasthan4Amritsar3Visakhapatnam2Allahabad2Ranchi2Orissa1Jabalpur1T.S. THAKUR ROHINTON FALI NARIMAN1Dehradun1Andhra Pradesh1A.K. SIKRI ROHINTON FALI NARIMAN1

Key Topics

Section 250115Section 53A6Addition to Income6Section 2634Section 144C(5)4Section 404Section 1473Section 693Section 2(47)3

SILLS KARINGATTIL JOSE,NEDUMKANDOM vs. ITO WARD 2, THODUPUZHA

Appeal is partly allowed for statistical purpose

ITA 132/COCH/2023[2016-17]Status: DisposedITAT Cochin19 Nov 2024AY 2016-17

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhsils Karingattil Jose Income Tax Officer Np 3/406, Karingattil Ward - 2, House, Munnar Road Thodupuzha Vs. Nedumkandom P.O. [Pan: Afopj8789C] (Appellant) (Respondent)

For Appellant: Shri P. M. Veeramani, CAFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 2(47)Section 2(47)(V)Section 250Section 50CSection 53ASection 56(2)(vii)

section 56(2)(vii) includes immovable property being land or building or both, shares and securities, jewellery, archaeological collection, drawings, paintings, sculpture or any work of art. A. These are anti-abuse provisions which are currently applicable only if an individual or an HUF is the recipient. Therefore, transfer of shares of a company to a firm or a company

Showing 1–20 of 66 · Page 1 of 4

Unexplained Investment3
Survey u/s 133A3
Disallowance2

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

ITA 206/COCH/2019[2014-15]Status: DisposedITAT Cochin09 Oct 2023AY 2014-15

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)

For Appellant: Shri T.M. Sreedharan, Sr. Advocate (with Smt. Divya Ravindran, Adv. with him)For Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 131(1)Section 133ASection 147Section 148(1)Section 69

56(2)(vii)(c). 9.9 Findings There is, as afore-noted, no stipulation in the SA for the discharge of loan liabilities by the sellers. It is only where so, and monies accordingly brought in by them by way of share capital, that would increase the net worth of the company to that extent. Per contra, such a condition, presumed

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

ITA 254/COCH/2019[2014-15]Status: DisposedITAT Cochin09 Oct 2023AY 2014-15

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)

For Appellant: Shri T.M. Sreedharan, Sr. Advocate (with Smt. Divya Ravindran, Adv. with him)For Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 131(1)Section 133ASection 147Section 148(1)Section 69

56(2)(vii)(c). 9.9 Findings There is, as afore-noted, no stipulation in the SA for the discharge of loan liabilities by the sellers. It is only where so, and monies accordingly brought in by them by way of share capital, that would increase the net worth of the company to that extent. Per contra, such a condition, presumed

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE DCIT, TRIVANDRUM

In the result, the appeal for assessment year 2011-2012

ITA 475/COCH/2016[2012-13]Status: DisposedITAT Cochin11 May 2018AY 2012-13

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

For Appellant: Sri.Raghunathan S., AdvocateFor Respondent: Sri. Santham Bose, CIT-DR
Section 144C(5)Section 190Section 194JSection 234BSection 40Section 92C(3)

56,5l0. Ground No.9 - Consequential levy of interest under section 2340 and 244A of the Act. 9.1 On the facts and circumstances of the case, the learned DCIT has erred in levying interest under section 234D of the Act at Rs 57,06,057 and recovering interest of Rs.40,75,752 under section 244A of the Act. Ground No.10 - Relief

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE ACIT, TRIVANDRUM

In the result, the appeal for assessment year 2011-2012

ITA 134/COCH/2016[2011-12]Status: DisposedITAT Cochin11 May 2018AY 2011-12

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

For Appellant: Sri.Raghunathan S., AdvocateFor Respondent: Sri. Santham Bose, CIT-DR
Section 144C(5)Section 190Section 194JSection 234BSection 40Section 92C(3)

56,5l0. Ground No.9 - Consequential levy of interest under section 2340 and 244A of the Act. 9.1 On the facts and circumstances of the case, the learned DCIT has erred in levying interest under section 234D of the Act at Rs 57,06,057 and recovering interest of Rs.40,75,752 under section 244A of the Act. Ground No.10 - Relief

SHRI.VISWANATHA MANOJ KUMAR,KOCHI vs. THE PR.CIT, KOCHI

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

ITA 151/COCH/2021[2016-17]Status: DisposedITAT Cochin12 Jun 2023AY 2016-17

Bench: Shri Sanjay Arora & Shri Aby T.Varkeyviswanatha Manoj Kumar Pr. Commissioner Of 39/421, Temple Road Income Tax - 1 Kadavanthara Vs. C.R. Building, I.S. Press Road Ernakulam 682020 Kochi 682018 [Pan:Adwpm1619G] [Appellant] [Respondent] Appellant By: Shri K.M.V. Pandalai, Advocate Respondent By: Shri Prasanth V.K., Cit-Dr

For Appellant: Shri K.M.V. Pandalai, AdvocateFor Respondent: Shri Prasanth V.K., CIT-DR
Section 14Section 143(3)Section 147Section 263Section 263(1)Section 56(2)(vii)

price fixed by the State Government for the purpose of levy of stamp duty, was at Rs.215.21 lakhs, i.e., at Rs.76.03 lacs higher. The provision of section 56(2)(vii)(b)(ii) of the Act, reading as under, was thus attracted, applicability of which had not been examined by the Assessing Officer (AO) in assessment: Income from other sources. 56

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

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

ITA 320/COCH/2015[2009-10]Status: DisposedITAT Cochin24 May 2018AY 2009-10

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

Section 69

vii) Paramjit Singh vs. ITO (2010) 323 ITR 588 (P&H) (viii)Rajdeep Builders vs. ACIT in ITA No.666/CHD/2010 dated 27/04/2012 (ITAT Chandigarh Bench) 2.4 On the other hand, the Ld. DR submitted that the claim of the assessee was based on general observations. The Ld. DR submitted that while the Assessing Officer relied upon the specific instances

THE ACIT, COCHIN vs. M/S.SUD CHEMIE INDIA P. LTD, ALUVA

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 3/COCH/2017[2008-09]Status: DisposedITAT Cochin26 Feb 2018AY 2008-09

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

transfer of the commodity or scrips. 5.2.2. Here, it would be useful to appreciate in proper perspective how hedge transactions are commercially understood before determining the true scope, width and nature of proviso (a) to sectiori43(5). Hedge contracts are those contracts which hedge against prejudicial price fluctuations. In speculative transactions the modus operand! of persons indulging in them

THE ACIT, COCHIN vs. M/S.SUD CHEMIE INDIA P. LTD, COCHIN

In the result, the appeals of the Revenue are partly allowed for statistical

ITA 41/COCH/2017[2010-11]Status: DisposedITAT Cochin26 Feb 2018AY 2010-11

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

transfer of the commodity or scrips. 5.2.2. Here, it would be useful to appreciate in proper perspective how hedge transactions are commercially understood before determining the true scope, width and nature of proviso (a) to sectiori43(5). Hedge contracts are those contracts which hedge against prejudicial price fluctuations. In speculative transactions the modus operand! of persons indulging in them

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

In the result, appeal of the assessee is hereby dismissed

ITA 455/COCH/2024[2018-2019]Status: DisposedITAT Cochin20 Dec 2024AY 2018-2019

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

56 of 165 is warranted. Consequently, the addition of Rs. 9,22,75,684/- on account of stock variance is hereby deleted. 55.2 At this juncture, it is also equally important to see whether there was any variation in the quantity between the closing stock in the manner discussed above. In this regard, we find that no such difference

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

In the result, appeal of the assessee is hereby dismissed

ITA 500/COCH/2024[2020-2021]Status: DisposedITAT Cochin20 Dec 2024AY 2020-2021

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

56 of 165 is warranted. Consequently, the addition of Rs. 9,22,75,684/- on account of stock variance is hereby deleted. 55.2 At this juncture, it is also equally important to see whether there was any variation in the quantity between the closing stock in the manner discussed above. In this regard, we find that no such difference

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

In the result, appeal of the assessee is hereby dismissed

ITA 499/COCH/2024[2019-2020]Status: DisposedITAT Cochin20 Dec 2024AY 2019-2020

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

56 of 165 is warranted. Consequently, the addition of Rs. 9,22,75,684/- on account of stock variance is hereby deleted. 55.2 At this juncture, it is also equally important to see whether there was any variation in the quantity between the closing stock in the manner discussed above. In this regard, we find that no such difference

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

In the result, appeal of the assessee is hereby dismissed

ITA 501/COCH/2024[2017-18]Status: DisposedITAT Cochin20 Dec 2024AY 2017-18

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

56 of 165 is warranted. Consequently, the addition of Rs. 9,22,75,684/- on account of stock variance is hereby deleted. 55.2 At this juncture, it is also equally important to see whether there was any variation in the quantity between the closing stock in the manner discussed above. In this regard, we find that no such difference

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

In the result, appeal of the assessee is hereby dismissed

ITA 502/COCH/2024[2018-19]Status: DisposedITAT Cochin20 Dec 2024AY 2018-19

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

56 of 165 is warranted. Consequently, the addition of Rs. 9,22,75,684/- on account of stock variance is hereby deleted. 55.2 At this juncture, it is also equally important to see whether there was any variation in the quantity between the closing stock in the manner discussed above. In this regard, we find that no such difference

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

In the result, appeal of the assessee is hereby dismissed

ITA 454/COCH/2024[2017-2018]Status: DisposedITAT Cochin20 Dec 2024AY 2017-2018

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

56 of 165 is warranted. Consequently, the addition of Rs. 9,22,75,684/- on account of stock variance is hereby deleted. 55.2 At this juncture, it is also equally important to see whether there was any variation in the quantity between the closing stock in the manner discussed above. In this regard, we find that no such difference

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

In the result, appeal of the assessee is hereby dismissed

ITA 505/COCH/2024[2018-19]Status: DisposedITAT Cochin20 Dec 2024AY 2018-19

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

56 of 165 is warranted. Consequently, the addition of Rs. 9,22,75,684/- on account of stock variance is hereby deleted. 55.2 At this juncture, it is also equally important to see whether there was any variation in the quantity between the closing stock in the manner discussed above. In this regard, we find that no such difference

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

In the result, appeal of the assessee is hereby dismissed

ITA 498/COCH/2024[2018-2019]Status: DisposedITAT Cochin20 Dec 2024AY 2018-2019

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

56 of 165 is warranted. Consequently, the addition of Rs. 9,22,75,684/- on account of stock variance is hereby deleted. 55.2 At this juncture, it is also equally important to see whether there was any variation in the quantity between the closing stock in the manner discussed above. In this regard, we find that no such difference

KODIYIL MUHAMMED MADANI PARTNER, ABC SALES CORPORATION,TALIPARAMBA vs. ACIT, CENTRAL CIRCLE-1, KOZHIKODE

In the result, appeal of the assessee is hereby dismissed

ITA 837/COCH/2024[2020-21]Status: DisposedITAT Cochin20 Dec 2024AY 2020-21

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

56 of 165 is warranted. Consequently, the addition of Rs. 9,22,75,684/- on account of stock variance is hereby deleted. 55.2 At this juncture, it is also equally important to see whether there was any variation in the quantity between the closing stock in the manner discussed above. In this regard, we find that no such difference

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

In the result, appeal of the assessee is hereby dismissed

ITA 497/COCH/2024[2017-2018]Status: DisposedITAT Cochin20 Dec 2024AY 2017-2018

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

56 of 165 is warranted. Consequently, the addition of Rs. 9,22,75,684/- on account of stock variance is hereby deleted. 55.2 At this juncture, it is also equally important to see whether there was any variation in the quantity between the closing stock in the manner discussed above. In this regard, we find that no such difference

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

In the result, appeal of the assessee is hereby dismissed

ITA 436/COCH/2024[2014-2015]Status: DisposedITAT Cochin20 Dec 2024AY 2014-2015

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

56 of 165 is warranted. Consequently, the addition of Rs. 9,22,75,684/- on account of stock variance is hereby deleted. 55.2 At this juncture, it is also equally important to see whether there was any variation in the quantity between the closing stock in the manner discussed above. In this regard, we find that no such difference