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20 results for “house property”+ Section 6(1)(c)clear

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Key Topics

Section 80P(2)(a)7Deduction7Section 158B4Section 404Section 80P(2)4Business Income4Exemption4Section 245D3Section 260A3Section 9(1)(vii)

M/S. DEVICE DRIVEN (INDIA) PVT. LTD. vs. THE COMMISSIONER OF INCOME TAX

ITA/257/2014HC Kerala13 Oct 2020

Bench: HONOURABLE MR.JUSTICE K.VINOD CHANDRAN,HONOURABLE MR. JUSTICE T.R.RAVI

Section 10ASection 10BSection 143(1)Section 195Section 40Section 9(1)(vii)

6. Sri.P.K.Ravindranatha Menon, learned Senior Counsel appearing for the respondent, would specifically I.T.A.No.257 of 2014 - 7 - refer to the Explanation added in the year 2010, which has retrospective effect from 1976 onwards. The Explanation was specifically introduced to get over the decision in Ishikawajima. The Explanation furthers the deeming provision under Section 9 to make it applicable, whether

M/S. BHARATHAKSHEMAM vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX,

3
Section 13(2)3
Disallowance3
ITA/36/2020HC Kerala13 Nov 2020

Bench: HONOURABLE MR.JUSTICE K.VINOD CHANDRAN,HONOURABLE MR. JUSTICE T.R.RAVI

For Appellant: M/S. BHARATHAKSHEMAMFor Respondent: THE PRINCIPAL COMMISSIONER OF INCOME TAX
Section 11Section 12ASection 2(15)

6 - than conducting kuri business. The decision in Indian Chamber of Commerce v. CIT (1976) 1 SCC 324 which criticized the judgment of the Kerala High Court impugned in Dharmodayam Company, was held to have done so without looking at the facts and on the assumption that the Company had been carrying on an 'industry'. 7. In the case

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. REENA JOSE

ITA/47/2020HC Kerala03 Apr 2024

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

For Respondent: THE PRINCIPAL COMMISSIONER OF INCOME TAX

house property; (D) Profits and gains of business or profession; (E) Capital gains; (F) income from other sources unless otherwise, provided in the Act. (15) Section 56 provides for the chargeability of income of every kind which has not to be excluded from the total income under the Act, only if it is not chargeable to income-tax under

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

ITA/48/2020HC Kerala03 Apr 2024

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

For Respondent: THE PRINCIPAL COMMISSIONER OF INCOME TAX

house property; (D) Profits and gains of business or profession; (E) Capital gains; (F) income from other sources unless otherwise, provided in the Act. (15) Section 56 provides for the chargeability of income of every kind which has not to be excluded from the total income under the Act, only if it is not chargeable to income-tax under

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. JOSE THOMAS,

ITA/56/2020HC Kerala03 Apr 2024

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

For Respondent: THE PRINCIPAL COMMISSIONER OF INCOME TAX

house property; (D) Profits and gains of business or profession; (E) Capital gains; (F) income from other sources unless otherwise, provided in the Act. (15) Section 56 provides for the chargeability of income of every kind which has not to be excluded from the total income under the Act, only if it is not chargeable to income-tax under

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. JOSE THOMAS

ITA/46/2020HC Kerala03 Apr 2024

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

For Respondent: THE PRINCIPAL COMMISSIONER OF INCOME TAX

house property; (D) Profits and gains of business or profession; (E) Capital gains; (F) income from other sources unless otherwise, provided in the Act. (15) Section 56 provides for the chargeability of income of every kind which has not to be excluded from the total income under the Act, only if it is not chargeable to income-tax under

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

ITA/54/2020HC Kerala03 Apr 2024

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

For Respondent: THE PRINCIPAL COMMISSIONER OF INCOME TAX

house property; (D) Profits and gains of business or profession; (E) Capital gains; (F) income from other sources unless otherwise, provided in the Act. (15) Section 56 provides for the chargeability of income of every kind which has not to be excluded from the total income under the Act, only if it is not chargeable to income-tax under

ENANALLOOR SERVICE CO-OPERATIVE BANK LIMITED vs. THE INCOME TAX OFFICER (1 AND C)

In the result, this Original Petition is allowed by quashing

ITA/73/2018HC Kerala19 Feb 2020

Bench: HONOURABLE MR.JUSTICE C.K.ABDUL REHIM,HONOURABLE MR. JUSTICE AMIT RAWAL

Section 13(2)Section 13(4)Section 17

C, CHITTOOR ROAD, ERNAKULAM-35, NOW REPRESENTED BY ITS MANAGER, INDIAN BANK, POLAYATHODU. BY ADV. SRI.S.EASWARAN, SC, INDIAN BANK RESPONDENTS: 1 K.J.GEORGE S/O. VARGHESE, KARITHALAKKAL HOUSE, VAKATHANAM P.O, KOTTAYAM DISTRICT, PIN-686 001. 2 MARIAMMA W/O. K.J. GEORGE, KARITHALAKKAL HOUSE, VAKATHANAM P.O, KOTTAYAM DISTRICT, PIN- 686 001 3 M/S.BRUBEX GLOBAL NEW BLOCK, BISHOP JEROME NAGAR, KOLLAM

THE PRINCIPAL COMMISSIONER OF INCOME TAX, vs. VILAPPIL SERVICE CO-OPERATIVE BANK LTD.,

Appeals are allowed as indicated above

ITA/142/2019HC Kerala01 Nov 2021

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

Section 260ASection 80P(2)Section 80P(2)(a)Section 80P(2)(d)

house property chargeable under Section 22. 29. From the Tabular form presented above, it may be clear that the deductions available under Clauses (a) to (c) are activity-based. The deduction available under Clauses (d) and (e) are investment-based ITA Nos.142 & 323/2019; 5/2020 -24- and the deduction under Clause (f) is institution-based. To put it differently

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. PEROORKADA SERVICE CO-OPERATIVE BANK LTD

Appeals are allowed as indicated above

ITA/5/2020HC Kerala01 Nov 2021

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

Section 260ASection 80P(2)Section 80P(2)(a)Section 80P(2)(d)

house property chargeable under Section 22. 29. From the Tabular form presented above, it may be clear that the deductions available under Clauses (a) to (c) are activity-based. The deduction available under Clauses (d) and (e) are investment-based ITA Nos.142 & 323/2019; 5/2020 -24- and the deduction under Clause (f) is institution-based. To put it differently

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

ITA/279/2010HC Kerala31 Mar 2022

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

6, the fact that it may indirectly be covered by another head will not make the income taxable under the latter head. Referring to Commercial Properties Ltd. v Commissioner of Income Tax9, it is also held that merely because the owner of the property was a company incorporated with the object of owning property, the incidence of income derived from

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

ITA/12/2008HC Kerala31 Mar 2022

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

6, the fact that it may indirectly be covered by another head will not make the income taxable under the latter head. Referring to Commercial Properties Ltd. v Commissioner of Income Tax9, it is also held that merely because the owner of the property was a company incorporated with the object of owning property, the incidence of income derived from

HOSDURG RANGE KALLU CHETHU THOZHILALI VYAVASAYA SAHAKARANA SANGHAM, vs. THE COMMISSIONER OF INCOME TAX,

ITA/57/2019HC Kerala23 Nov 2021

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

Section 80Section 80PSection 80P(2)Section 80P(2)(a)

1) A housing society; 2) An urban consumer society; 3) A society carrying on transport business; 4) A society engaged in the performance of any manufacturing operations with the aid of power, where the gross total income does not exceed Rs.20,000/- (twenty thousand rupees) The income by way of interest on securities and the income from house property chargeable

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

ITA/249/2015HC Kerala26 Aug 2021

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

Section 40

house property? 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

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

ITA/179/2014HC Kerala28 Oct 2021

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

Section 143(2)Section 2(14)Section 2(14)(iii)Section 260A

C allowed the appeal filed by the assessee. The Tribunal firstly examined whether the schedule property is agricultural land or not. By referring to a few precedents on the point, recorded a finding that the schedule property was earlier used for agricultural purposes/rubber plantation, and that the possibility of using the schedule property for non-agricultural purposes (sic was stated

K.M. FATHIMA vs. COMMISSIONER OF INCOME TAX

ITA/53/2018HC Kerala11 Mar 2022

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

HOUSE PROPERTY As per return Rs.25,296/- INCOME FROM BUSINESS As per return Rs.46,106/- INCOME FROM OTHER SOURCES As per return Rs.37,641/- Add: Agriculture income disallowed as discussed above Rs. 1,50,000/- Rs.2,47,043/- Gross Total Income Rs.3,18,445/- Less: Deduction u/s 80L Rs. 12,000/- Total Income Rs.3,06,445/- Rounded off u/s 288A

K.M. FATHIMA, vs. COMMISSIONER OF INCOME TAX,

ITA/76/2018HC Kerala11 Mar 2022

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

HOUSE PROPERTY As per return Rs.25,296/- INCOME FROM BUSINESS As per return Rs.46,106/- INCOME FROM OTHER SOURCES As per return Rs.37,641/- Add: Agriculture income disallowed as discussed above Rs. 1,50,000/- Rs.2,47,043/- Gross Total Income Rs.3,18,445/- Less: Deduction u/s 80L Rs. 12,000/- Total Income Rs.3,06,445/- Rounded off u/s 288A

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

ITA/216/2013HC Kerala03 Aug 2021

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

Section 10Section 10(38)Section 70(3)

6. Mr Christopher Abraham, learned Standing Counsel for the Department, contends that computation of the total income is dealt with by Section 14 of the Act and Section 14 classifies income under five heads, namely (i) salaries, (ii) income from house property, (iii) income from business profession (iv) income from capital gains, and (v) income from other sources. Each

MALANKARA PLANTATIONS LTD vs. THE DEPUTY COMMISSIONER OF INCOME TAX

ITA/23/2018HC Kerala04 Aug 2022

Bench: The Income Tax Appellate Tribunal, Cochin Bench. The Subject Matter Of Appeal Relates To Assessment Year 2011-12 & The Controversies Relate To The Allowance Claimed By The Assessee Towards The Replantation Of Rubber Plants In An Area Where Rubber Trees

Section 10(31)Section 24Section 37

House Property"? 2) Whether, on the facts and in the circumstances of the case, there was any material or evidence for the Appellate Tribunal to hold that the apartment was not used for business purpose and therefore not entitled to deduction under Section 24 of the IT Act? 3) Whether, on the facts and in the circumstances of the case

K.R.RASEENA vs. COMMISSIONER OF INCOMETAX

ITA/85/2018HC Kerala14 Mar 2022

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

Section 119Section 119(2)(a)Section 158BSection 245D

HOUSE, WELCOME VILLA, GURUVAYOOR ROAD, POONKUNNAM, THRISSUR DISTRICT-680 002. BY ADVS. SRI.P.R.VENKATESH SRI.P.C.CHACKOPARATHANAM SRI.G.KEERTHIVAS RESPONDENTS/RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, W.A. No. 85 of 2018 2 NORTH BLOCK, NEW DELHI - 110 001. 2 CENTRAL BOARD OF DIRECT TAXES, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI