THE PRINCIPAL COMMISSIONER OF INCOME TAX, vs. SMT.GRACY BABU,

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

4. Assessments were completed under Section 143(3) read with Section 153A for the assessment years 2003-04 to 2008-09 and I.T.A.Noa.48, 46, 47, 49, 51, 54, 55, 56 & 68/20 & 6/21 :: 16 :: under Section 143(3) for the assessment year 2009-10 in relation to the persons who were searched, namely, Gracy Babu, Jose Thomas and P.J. Paulose

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. REENA JOSE

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

4. Assessments were completed under Section 143(3) read with Section 153A for the assessment years 2003-04 to 2008-09 and I.T.A.Noa.48, 46, 47, 49, 51, 54, 55, 56 & 68/20 & 6/21 :: 16 :: under Section 143(3) for the assessment year 2009-10 in relation to the persons who were searched, namely, Gracy Babu, Jose Thomas and P.J. Paulose

THE PRINCIPAL COMMISSIONER OF INCOME TAX, vs. GRACY BABU,

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

4. Assessments were completed under Section 143(3) read with Section 153A for the assessment years 2003-04 to 2008-09 and I.T.A.Noa.48, 46, 47, 49, 51, 54, 55, 56 & 68/20 & 6/21 :: 16 :: under Section 143(3) for the assessment year 2009-10 in relation to the persons who were searched, namely, Gracy Babu, Jose Thomas and P.J. Paulose

THE MEENACHIL CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. vs. THE INCOME TAX OFFICER

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE BASANT BALAJI

capital gains on the purchase of a residential house'. This has come up for interpretation in many cases as indicated below: • Vittal Krishna Conjeevaram vs. ITO (2013) 144 ITD 325 (Hyd) . ITA Nos.34 & 35 of 2018 & 25 & 27 of 2019 10 • CIT and Anor. Vs. D Ananda Basappa (2009) ITR 329 (Kar) • CIT vs. Smt. KG Rukumini Amma

M/S.KOTTAYAM CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. vs. THE INCOME TAX OFFICER

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE BASANT BALAJI

capital gains on the purchase of a residential house'. This has come up for interpretation in many cases as indicated below: • Vittal Krishna Conjeevaram vs. ITO (2013) 144 ITD 325 (Hyd) . ITA Nos.34 & 35 of 2018 & 25 & 27 of 2019 10 • CIT and Anor. Vs. D Ananda Basappa (2009) ITR 329 (Kar) • CIT vs. Smt. KG Rukumini Amma

THE MEENACHIL CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., vs. THE INCOME TAX OFFICER,

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE BASANT BALAJI

capital gains on the purchase of a residential house'. This has come up for interpretation in many cases as indicated below: • Vittal Krishna Conjeevaram vs. ITO (2013) 144 ITD 325 (Hyd) . ITA Nos.34 & 35 of 2018 & 25 & 27 of 2019 10 • CIT and Anor. Vs. D Ananda Basappa (2009) ITR 329 (Kar) • CIT vs. Smt. KG Rukumini Amma

A.T.SHERIFF vs. COMMISSIONER OF INCOME TAX

The appeal is allowed

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

4 of 1882). 8. It is apposite to note in this context that until 2001, the agreements, contemplated under section 53A of the Transfer of Property Act, 1882 (for short 'the TP Act') were not required to be registered. However, by the Registration and Other Related Laws (Amendment) Act, 2001, section 17 and section 49 of the I.T.Appeal No.66/17

THE COMMISSIONER OF INCOME TAX-1, KOCHI vs. M/S.COCHIN MALABAR ESTATES & INDUSTRIES LTD.

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE BASANT BALAJI

capital gains is per se illegal. He relies on the judgments reported in Ms Srinivasa Naicker v. Income Tax Officer6; and Principal Commissioner of Income Tax 4, Chennai v. M/s. Mansi Finance Chennai Ltd7 for the proposition that the judgment relied on by the Revenue is considered by the Madras High Court and it has been finally held that

M/S. APPOLLO TYRES LTD vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE VIJU ABRAHAM

4. The learned Counsel appearing for the assessee and the Revenue would state that the questions covered by (a) and (b) are similar to the questions raised by the assessee for the Assessment Year 2003-04 in ITA No.26/2013. This Court vide order dated 29.07.2021 has answered the said questions against the assessee and in favour of the Revenue

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S. APOLLO TYRES LTD

Appeal is allowed in part as indicated

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE VIJU ABRAHAM

gain for adjustment against cost of assets as per section 43A on actual payment restricted to : 4,72,34,591 6 Disallowance of claim of MTM loss on forward contract as deduction : 98,10,765 ITA No.44/2017 -5- 7 Disallowance of claim of prepaid expenses as deduction : 5,15,34,726 2.2 We have heard learned Counsel Mr Christopher Abraham

BHIMA JEWELLERS vs. COMMISSIONER OF INCOME TAX,

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE BASANT BALAJI

capital account has been treated as deemed income under Section 68 of the Income Tax Act (for short ‘the Act’). Therefore, it falls under one of the other heads under Section 14 of the Act. Once the deemed income becomes an income earned under one head or the other of Section 14, for the relevant assessment year, there

THE COMMISSIONER OF INCOME TAX, vs. DHANALAKSHMI BANK LTD., TRICHUR

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

capital gain, the entire I.T.A. No.485/2009 -12- claim of Rs.30 lakhs cannot be allowed in an order purported to be a rectification order on the ground that it is made a mistake in the earlier order assuming wrongly that it has the power to restrict the allowance to a reasonable extent. In this way, I am of the opinion that

M/S.CARBON AND CHEMICALS (INDIA) LTD vs. THE COMMISSIONER OF INCOMETAX, KOCHI

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

11. Once the aforesaid conditions are satisfied, the deeming provision enacted in the closing part of Section 41(1)(a) of the Act gets attracted and the amount obtained becomes chargeable to income tax as profits and gains of business or profession. Reference to the above propositions can be derived from the decisions laid down by the Supreme Court

TRAVANCORE SUGARS AND CHEMICALS LTD. vs. COMMISSIONER OF INCOME TAX

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS,HONOURABLE MR.JUSTICE BASANT BALAJI

11 OF 2008 AGAINST THE ORDER IN ITA 297/2006 OF I.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: TRAVANCORE SUGARS AND CHEMICALS LTD. VALANJAVATTOM, THIRUVALLA. BY ADVS. SRI RAJA KANNAN, SRI.E.K.NANDAKUMAR; SRI.ANIL D. NAIR RESPONDENT/S: COMMISSIONER OF INCOME TAX, COCHIN BY ADV SRI.JOSE JOSEPH, SC, FOR INCOME TAX OTHER PRESENT: ADV RAJA KANNAN FOR THE APPELLANT THIS INCOME TAX APPEAL HAVING COME

TRAVANCORE SUGARS AND CHEMICALS LTD vs. DEPUTY COMMSSR;INCOME TAX,C-I,THIRUVALLA

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS,HONOURABLE MR.JUSTICE BASANT BALAJI

11 OF 2008 AGAINST THE ORDER IN ITA 297/2006 OF I.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: TRAVANCORE SUGARS AND CHEMICALS LTD. VALANJAVATTOM, THIRUVALLA. BY ADVS. SRI RAJA KANNAN, SRI.E.K.NANDAKUMAR; SRI.ANIL D. NAIR RESPONDENT/S: COMMISSIONER OF INCOME TAX, COCHIN BY ADV SRI.JOSE JOSEPH, SC, FOR INCOME TAX OTHER PRESENT: ADV RAJA KANNAN FOR THE APPELLANT THIS INCOME TAX APPEAL HAVING COME

M/S.APOLLO TYRES LTD. vs. THE DEPUTY COMMISSIONER OF INCOME TAX

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

4. According to the assessee, the acquisition of Dunlop Tyre of South Africa enabled the parent company i.e; the assessee, to run its business more efficiently and effectively. The established distribution network of Dunlop, the advantages of acquiring the know-how of ultra-high-performance radial car tyres and easier access to raw materials at reduced costs were I.T.A. No.272/13

THE COMMISSIONER OF INCOME TAX vs. PREMIER TYRES LTD.

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

11 2 2003-04 28.7.2005 Appeal No.ITA 74/R-II/E/CIT- II/05-06 dated 7.2.2006 ITA No.483/2009 3 1998-99 29.12.2003 Appeal No.ITA-58/R-2/E/CIT- II/03-04 dated 3.9.2004 ITA No.758/2009 4 1997-98 17.3.2003 Appeal No.ITA-3/R-11/E/CIT- II/03-04 dated 28.8.2003 ITA No.860/2009 5 2001-02 16/01/2004 Appeal No.ITA-69/R-2/E/CIT- II/03-04 dated 3.9.2004 ITA No.903/2009 6 2000-01 16.12.2004 Appeal No.ITA-41/R-2/E/CIT-

THE COMMISSIONER OF INCOME TAX, vs. PTL ENTERPRISES LIMITED,

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

11 2 2003-04 28.7.2005 Appeal No.ITA 74/R-II/E/CIT- II/05-06 dated 7.2.2006 ITA No.483/2009 3 1998-99 29.12.2003 Appeal No.ITA-58/R-2/E/CIT- II/03-04 dated 3.9.2004 ITA No.758/2009 4 1997-98 17.3.2003 Appeal No.ITA-3/R-11/E/CIT- II/03-04 dated 28.8.2003 ITA No.860/2009 5 2001-02 16/01/2004 Appeal No.ITA-69/R-2/E/CIT- II/03-04 dated 3.9.2004 ITA No.903/2009 6 2000-01 16.12.2004 Appeal No.ITA-41/R-2/E/CIT-