ITAT Hyderabad Judgments — June 2023

DVB DESIGN AND ENGINEERING PROP SRI DARSHAN V BHATIA,HYDERABAD vs DCIT, CIRCLE-2(1), HYDERABAD

ITA 248/HYD/2023[2020-21]Status: Disposed13 Jun 2023AY 2020-21Dismissed

The Tribunal held that if employees' contribution to PF & ESI is not deposited before the statutory due dates, it cannot be allowed as a deduction. The addition made by the CPC and confirmed by the CIT(A) was upheld.

SANJEEVA PRASAD PONNAPULA,NEW DELHI vs DCIT, CENTRAL CIRCLE -3(2), HYDERABAD

ITA 390/HYD/2022[2011-12]Status: Disposed12 Jun 2023AY 2011-12Partly Allowed

The Tribunal held that since the sale proceeds were already offered to tax by the original transferor (M/s. Trinity Infraventures) and the assessee acted as a GPA holder, taxing the same in the assessee's hands would amount to double taxation. The issues were restored to the AO for re-adjudication.

SANJEEVA PRASAD PONNAPULA,NEW DELHI vs DCIT, CENTRAL CIRCLE -3(2), HYDERABAD

ITA 391/HYD/2022[2013-14]Status: Disposed12 Jun 2023AY 2013-14Partly Allowed

The Tribunal held that since the sale proceeds were already offered to tax by the original transferor (M/s. Trinity Infraventures) and the assessee acted as a GPA holder, taxing the same in the assessee's hands would amount to double taxation. The issues were restored to the AO for re-adjudication.

DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), HYDERABAD vs ALPHA VILLAS PRIVATE LIMITED, HYDERABAD

ITA 1106/HYD/2017[2011-12]Status: Disposed12 Jun 2023AY 2011-12Remanded

The Tribunal found that the revenue had not brought on record any independent inquiry to prove a quid-pro-quo arrangement. Given the identical issue decided in a related group company's case, the Tribunal restored the issue to the AO for fresh decision.

SHARE MICROFIN LIMITED,HYDERABAD vs DY. COMMISSIONER OF INCOME TAX, CIRCLE-3(1), HYERABAD

ITA 430/HYD/2020[2016-17]Status: Disposed12 Jun 2023AY 2016-17Dismissed

The Tribunal held that the waiver of the principal amount of the loan, which was taken for trading purposes and credited to the profit and loss account, results in income in the hands of the assessee. Therefore, the CIT(A) was justified in upholding the AO's action.

SANJEEVA PRASAD PONNAPULA,NEW DELHI vs DCIT, CENTRAL CIRCLE -3(2), HYDERABAD

ITA 392/HYD/2022[2015-16]Status: Disposed12 Jun 2023AY 2015-16Partly Allowed

The Tribunal held that since the sale proceeds were already offered to tax by the original transferor (M/s. Trinity Infraventures) and the assessee acted as a GPA holder, taxing the same in the assessee's hands would amount to double taxation. The issues were restored to the AO for re-adjudication.

DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), HYDERABAD vs ALPHA AVENUES PRIVATE LIMITED, HYDERABAD

ITA 1107/HYD/2017[2011-12]Status: Disposed12 Jun 2023AY 2011-12Remanded

The Tribunal found that the revenue had not brought on record any independent inquiry to prove a quid-pro-quo arrangement. Given the identical issue decided in a related group company's case, the Tribunal restored the issue to the AO for fresh decision.

ASST. COMMISSIONER OF INCOME TAX, CIRCLE-9(1), HYDERABAD vs VEDULA VENKATA RAMANA, L/R OF LATE SMT. V. RAJYALAKSHMI, HYDERABAD

ITA 1554/HYD/2017[2009-10]Status: Disposed12 Jun 2023AY 2009-10Dismissed

The Tribunal held that it would be a travesty of justice to attribute the entire enhanced income to one co-owner when there were other co-owners and legal heirs involved. The Tribunal found no illegality in the CIT(A)'s order.

NCC INFRASTRUCTURE HOLDINGS LIMITED,HYDERABAD vs ACIT,CIRCLE-16(1), HYDERABAD

ITA 144/HYD/2023[2017-18]Status: Disposed12 Jun 2023AY 2017-18Allowed

The Tribunal held that no disallowance under Section 14A can be made if the assessee has not earned any exempt income during the year. The amendment to Section 14A by insertion of an explanation was considered prospective.

ANKIT AGARWAL,HYDERABAD vs DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1(3), HYDERABAD

ITA 463/HYD/2021[2013-141]Status: Disposed8 Jun 2023AY 2013-141Allowed

The Tribunal held that in the absence of any incriminating material found during a search, a concluded assessment cannot be disturbed under section 153A. Therefore, additions made by the Assessing Officer and sustained by the CIT(A) were not upheld.

GAYATRI ECI,HYDERABAD vs DCIT CIRCLE -6(1), HYDERABAD

ITA 569/HYD/2022[2018-19]Status: Disposed8 Jun 2023AY 2018-19Remanded

The Tribunal restored the issue to the CIT(A) with a direction to grant one last opportunity to the assessee to present its case. The assessee was directed to file requisite details without seeking adjournments.

SUNIL KUMAR JAIN,HYDERABAD vs ACIT, CENTRAL CIRCLE-1(2), HYDERABAD

ITA 35/HYD/2023[2021-22]Status: Disposed8 Jun 2023AY 2021-22Remanded

The Tribunal restored the issue to the file of the CIT(A) to grant one last opportunity to the assessee to substantiate the source of cash. The CIT(A) is directed to decide the issue after hearing the assessee and considering the evidence.

PRERNA AGARWAL,HYDERABAD vs DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1(3), HYDERABAD

ITA 458/HYD/2021[2013-14]Status: Disposed8 Jun 2023AY 2013-14Allowed

The Tribunal held that in the absence of any incriminating material found during a search, a concluded assessment cannot be disturbed under section 153A. Therefore, additions made by the Assessing Officer and sustained by the CIT(A) were not upheld.

NIRMAL AGARWAL,HYDERABAD vs DCIT, CIRCLE 1(2), HYDERABAD

ITA 52/HYD/2022[2013-14]Status: Disposed8 Jun 2023AY 2013-14Allowed

The Tribunal held that in the absence of any incriminating material found during a search, a concluded assessment cannot be disturbed under section 153A. Therefore, additions made by the Assessing Officer and sustained by the CIT(A) were not upheld.

PREETI AGARWAL,HYDERABAD vs DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1(3), HYDERABAD

ITA 464/HYD/2021[2013-14]Status: Disposed8 Jun 2023AY 2013-14Allowed

The Tribunal held that in the absence of any incriminating material found during a search, a concluded assessment cannot be disturbed under section 153A. Therefore, additions made by the Assessing Officer and sustained by the CIT(A) were not upheld.

SHOBHA AGARWAL,HYDERABAD vs DCIT, CENTRAL CIRCLE-1(3), HYDERABAD

ITA 353/HYD/2022[2013-14]Status: Disposed8 Jun 2023AY 2013-14Allowed

The Tribunal held that in the absence of any incriminating material found during a search, a concluded assessment cannot be disturbed under section 153A. Therefore, additions made by the Assessing Officer and sustained by the CIT(A) were not upheld.

ANITHA AGARWAL,HYDERABAD vs DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1(3), HYDERABAD

ITA 462/HYD/2021[2013-14]Status: Disposed8 Jun 2023AY 2013-14Allowed

The Tribunal held that in the absence of any incriminating material found during a search, a concluded assessment cannot be disturbed under section 153A. Therefore, additions made by the Assessing Officer and sustained by the CIT(A) were not upheld.

KAVITHA AGARWAL,HYDERABAD vs DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1(3), HYDERABAD

ITA 461/HYD/2021[2013-14]Status: Disposed8 Jun 2023AY 2013-14Allowed

The Tribunal held that in the absence of any incriminating material found during a search, a concluded assessment cannot be disturbed under section 153A. Therefore, additions made by the Assessing Officer and sustained by the CIT(A) were not upheld.

NEHA AGARWAL,HYDERABAD vs DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1(3), HYDERABAD

ITA 460/HYD/2021[2013-14]Status: Disposed8 Jun 2023AY 2013-14Allowed

The Tribunal held that in the absence of any incriminating material found during a search, a concluded assessment cannot be disturbed under section 153A. Therefore, additions made by the Assessing Officer and sustained by the CIT(A) were not upheld.

KEDARNATH AGARWAL,HYDERABAD vs DCIT, CENTRAL CIRCLE-1(3), HYDERABAD

ITA 354/HYD/2022[2013-14]Status: Disposed8 Jun 2023AY 2013-14Allowed

The Tribunal held that in the absence of any incriminating material found during a search, a concluded assessment cannot be disturbed under section 153A. Therefore, additions made by the Assessing Officer and sustained by the CIT(A) were not upheld.

VIMAL AGARWAL,HYDERABAD vs DCIT, CIRCLE-1, HYDERABAD

ITA 352/HYD/2022[2013-14]Status: Disposed8 Jun 2023AY 2013-14Allowed

The Tribunal held that in the absence of any incriminating material found during a search, a concluded assessment cannot be disturbed under section 153A. Therefore, additions made by the Assessing Officer and sustained by the CIT(A) were not upheld.

SEEMA AGARWAL,HYDERABAD vs DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1(3), HYDERABAD

ITA 459/HYD/2021[2013-14]Status: Disposed8 Jun 2023AY 2013-14Allowed

The Tribunal held that in the absence of any incriminating material found during a search, a concluded assessment cannot be disturbed under section 153A. Therefore, additions made by the Assessing Officer and sustained by the CIT(A) were not upheld.

KONATHAM KOTIREDDY,WARANGAL vs ITO, WARD-1, WARANGAL

ITA 245/HYD/2023[2017-18]Status: Disposed7 Jun 2023AY 2017-18Allowed

The Tribunal held that the assessee was merely a commission agent for M/s. Anika Bajaj and the amounts collected from buyers were not the assessee's turnover. Since the assessee's gross commission income was below the threshold limit for audit, the penalty under Section 271B was not applicable.

SRI VIDYA LEARNING CENTRE,HYDERABAD vs CIT, (EXEMPTION), HYDERABAD

ITA 152/HYD/2023[2023-24]Status: Disposed7 Jun 2023AY 2023-24Remanded

The Tribunal found the assessee's non-appearance justified due to the email going to spam. The matter was restored to the CIT(E) for a fresh decision after providing the assessee with a reasonable opportunity to be heard and submit details.

M/S ANURADHA PROPERTIES & TOWNSHIPS PRIVATE LIMITED,HYDERABAD vs THE ADDL.CIT, RANGE-1, HYDERABAD

ITA 1644/HYD/2013[2006-07]Status: Disposed7 Jun 2023AY 2006-07Remanded

The Tribunal found that some of the transactions in question were registered in a later assessment year, and the assessee had offered additional income. Therefore, the issue was restored to the Assessing Officer for fresh adjudication.

M/S ANURADHA PROPERTIES & TOWNSHIPS PRIVATE LIMITED,HYDERABAD vs THE ADDL.CIT, RANGE-1, HYDERABAD

ITA 1642/HYD/2013[2004-05]Status: Disposed7 Jun 2023AY 2004-05Remanded

The Tribunal found that some of the disputed transactions were registered in a later assessment year, and the assessee had offered additional income voluntarily. Therefore, the issue was restored to the Assessing Officer for fresh adjudication.

M/S ANURADHA PROPERTIES & TOWNSHIPS PRIVATE LIMITED,HYDERABAD vs THE ADDL.CIT, RANGE-1, HYDERABAD

ITA 1643/HYD/2013[2005-06]Status: Disposed7 Jun 2023AY 2005-06Remanded

The Tribunal found that some of the transactions in question were registered in a later assessment year, and the assessee had offered additional income. Therefore, the issue was restored to the Assessing Officer for fresh adjudication.