DCIT, CIRCLE-1(1), HYDERABAD, HYDERABAD vs. PRAKASH NIMMAGADDA, HYDERABAD, SECUNDERABAD
In the result, appeal filed by the Revenue is dismissed
ITA 974/HYD/2017[2008-09]Status: DisposedITAT Hyderabad16 Dec 2024AY 2008-09
Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita No.974/Hyd/2017 (िनधा"रण वष"/Assessment Year: 2008-09) Dy.Cit Vs. Shri Prakash Nimmagadda Circle 1(1) Hyderabad Hyderabad Pan:Acbpn4246R (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.C. Devdas, Ca राज" व "ारा/Revenue By:: Dr. Meghnath Chowhan, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 06/11/2024 घोषणा की तारीख/Pronouncement: 16/12/2024 आदेश/Order Per Vijay Pal Raothis Appeal Filed By The Revenue Is Directed Against The Order, Dated 20/03/2017 Of The Learned Cit (A)-9, Hyderabad, Relating To A.Y.2008-09. 2. The Revenue Has Raised The Following Grounds:
For Appellant: Shri K.C. Devdas, CAFor Respondent: : Dr. Meghnath Chowhan, CIT(DR)
Section 17(2)(c)Section 28
…ess/ professional income derived from these activities of management of companies and liable to be assessed u/s 28(iv) of the I.T. Act, 1961. The learned DR has relied upon the judgment of the Hon'ble Rajasthan High Court in the case of CIT vs. R.L. Kasliwal (207 ITR 208) as well as decision of the Mumbai Bench of the Tribunal in the case of Priyanka Chopra vs. Dy. CIT (169 ITD 1). The learned DR has submitted that there is a nexus between the business activity of the assessee and allotment of shares at a face value which resulted a non-monetary benefit to the assessee in comparison to the fair market value of th…