OPTUM GLOBAL SOLUTIONS (INDIA) PRIVATE LIMITED,HYDERABAD vs. DCIT CIRCLE -5(1), HYDERABAD

In the result, both the appeals of assessee are partly allowed

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

145 & 482/Hyd/2022 2. Briefly stated relevant facts are that the name of the company was changed from QSSI Technologies India Private Limited to Optum Global Solutions (India) Private Limited on 12/07/2016. While scrutinizing the return of income for the assessment year 2017-18, the learned Assessing Officer made certain additions which include the disallowance of the deduction under section

OPTUM GLOBAL SOLUTIONS (INDIA) PRIVATE LIMITED,HYDERABAD vs. DCIT, CIRCLE -5(1), HYDERABAD

In the result, both the appeals of assessee are partly allowed

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

145 & 482/Hyd/2022 2. Briefly stated relevant facts are that the name of the company was changed from QSSI Technologies India Private Limited to Optum Global Solutions (India) Private Limited on 12/07/2016. While scrutinizing the return of income for the assessment year 2017-18, the learned Assessing Officer made certain additions which include the disallowance of the deduction under section

SKANDHANSHI DEVELOPERS,KURNOOL vs. ACIT., CENTRAL CIRCLE-2(3), HYDERABAD

section 145(3) of the I.Act. The books of accounts maintained by the assessee are therefore rejected.\n\n8. 1. Having rejected the books, the income of the assessee is required to be estimated based on the material available on record as per the following findings.\n\n8. 2. The assessee during the course of search proceedings as well

COUNTRY CLUB HOSPITALITY & HOLIDAYS LIMITED,HYDERABAD vs. DCIT., CIRCLE-1(1), HYDERABAD

In the result, the appeal filed by the assessee is partly allowed

145(1) is attracted to the facts of the present case. Under the mercantile system of accounting, what is due is brought into credit before it is actually received; it brings into debit an expenditure for which a legal liability has been incurred before it is actually disbursed. (see judgment of this Court in the case of United Commercial Bank

SKANDA BUILDERS,KURNOOL vs. ACIT., CENTRAL CIRCLE - 2(3), HYDERABAD

2] the Assessing Officer may make an \nassessment in the manner provided under section 144.” \n6.5. In view of the discrepancies noticed and also in the absence of any evidence, \nthe books of accounts maintained by the assessee cannot be relied upon. Hence, the \nassessee was issued a showcause notice requiring to showcase as to why the \nsame should

DY.CIT, CIR-1(2), HYDERABAD vs. M/S CUNTRY CLUB (I) LIMITED,, HYDERABAD

In the result, the grounds of the appeal of the assessee on this issue are allowed

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmanassessment Year: 2009-10 M/S Country Club Vs. Asst. Cit, Circle-1(2), Hospitality & Holidays Ltd., Hyderabad. (Formerly Known As Country Club India Ltd.,) Hyderabad.

TDS has been made. Therefore, the decision of the CIT (A) on this point has to be set aside. In such circumstances, the alternate plea of the assessee assumes importance. 10. The learned Counsel for the assessee has placed reliance upon the decision of the Hon'ble Supreme Court in the case of Hindustan Coca Cola Beverage

M/S. COUNTRY CLUB INDIA LTD.,,HYDERABAD vs. ACIT, CIRCLE-1(2), HYDERABAD

In the result, the grounds of the appeal of the assessee on this issue are allowed

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmanassessment Year: 2009-10 M/S Country Club Vs. Asst. Cit, Circle-1(2), Hospitality & Holidays Ltd., Hyderabad. (Formerly Known As Country Club India Ltd.,) Hyderabad.

TDS has been made. Therefore, the decision of the CIT (A) on this point has to be set aside. In such circumstances, the alternate plea of the assessee assumes importance. 10. The learned Counsel for the assessee has placed reliance upon the decision of the Hon'ble Supreme Court in the case of Hindustan Coca Cola Beverage

SKANDA INFRA PROJECTS,KURNOOL vs. ACIT., CENTRAL CIRCLE-2(3), HYDERABAD

2) ] the Assessing Officer may make an\nassessment in the manner provided under section 144.”\n6. 5. In view of the discrepancies noticed and also in the absence of any evidence,\nthe books of accounts of the assessee cannot be relied upon. Hence, the\nassessee was issued a showcause notice requiring to showcause as to why the\nsame should

SKANDA INFRA PROJECTS,KURNOOL vs. ACIT., CENTRAL CIRCLE-2(3), HYDERABAD

2)] the Assessing Officer may make an\nassessment in the manner provided in section 144?.\n6.5. In view of the discrepancies noticed and also in the absence of any evidence,\nthe books of accounts maintained by the assessee cannot be relied upon. Hence, the\nassessee was issued a showcause notice requiring to showcause as to why the\nsame should

SKANDA INFRA PROJECTS INDIA PRIVATE LIMITED,KURNOOL vs. ACIT., CENTRAL CIRCLE-2(3), HYDERABAD

145(3) are reproduced hereunder:\n“Where the Assessing Officer is not satisfied about the correctness or\ncompleteness of the accounts of the assessee, or where the method\naccounting provided in section-section (1) [ has not been regularly followed by\nthe assessee, or income has not been computed in accordance with the\nstandards notified under section (2) ] the Assessing Officer

SKANDA BUILDERS,KURNOOL vs. ACIT., CENTRAL CIRCLE - 2(3), HYDERABAD

2] [ the Assessing Officer may make an\nassessment in the manner provided in section 144)”\n6. 5. In view of the discrepancies noticed and also in the absence of any evidence,\nthe books of accounts maintained by the assessee cannot be relied upon. Hence, the\nassessment order was issued a showcause notice requiring to showcause as to why the\nsame

SKANDHANSHI INFRA PROJECTS INDIA PRIVATE LIMITED,KURNOOL vs. ACIT., CENTRAL CIRCLE-2(3), HYDERABAD

145(3) are reproduced hereunder:\n“Where the Assessing Officer is not satisfied about the correctness or\ncompleteness of the accounts of the assessee, or where the method\naccounting provided in section-section (1) [ has not been regularly followed by\nthe assessee, or income has not been computed in accordance with the\nstandards notified under section (2) ] the Assessing Officer

SKANDHANSHI INFRA PROJECTS INDIA PRIVATE LIMITED,KURNOOL vs. ACIT., CENTRAL CIRCLE-2(3), HYDERABAD

section 145(3) of\nthe I.T.Act. The books of accounts maintained by the assessee are therefore\nrejected.\n\n8. 1. Having rejected the books, the income of the assessee is required to be\nestimated based on the material available on record as per the following findings.\n8. 2. The assessee during the course of search proceedings as well as assessment

ACIT., CENTRAL CIRCLE-2(3), HYDERABAD vs. SKANDHANSHI INFRA PROJECTS INDIA PVT. LTD., BANGALORE

145(3) are reproduced hereunder :\n“Where the Assessing Officer is not satisfied about the correctness or\ncompleteness of the accounts of the assessee, or where the method\naccounting provided in section-section (1) [ has not been regularly followed by\nthe assessee or income has not been computed in accordance with the\nstatutes notified under section (2)] the Assessing Officer

ACIT., CENTRAL CIRCLE-2(3), HYDERABAD vs. SKANDHANSHI INFRA PROJECTS INDIA PVT. LTD., BANGALORE

2] [ the Assessing Officer may make an assessment in the manner provided in section 144?\"\n\n6. 5. In view of the discrepancies noticed and also in the absence of any evidence, the books of accounts maintained by the assessee cannot be relied upon. Hence the assessee was issued a showcause notice requiring to showcause as to why the same

VICTORY ELECTRICALS LIMITED, MEDCHAL,R.R.DIST vs. DCIT, CIRCLE-17(2), HYDERABAD, HYDERABAD

The appeal of the assessee is allowed for statistical purposes

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarassessment Year: 2012-13 Victory Electricals Ltd., V Dcit,Circle-17(2) Plot No.8, Survey No.855, S. Signature Towers Ida, Medchal, Kondapur Ranga Reddy, Hyderabad Hyderabad-501 401

TDS is to be effected amounted to Rs.65,65,157/_ and whereas the appellant disallowed only Rs.37,9 1,602/ ". The balance is disallowed by the Assessing Officer now. In this regard, the appellant submits that to the extent the amount was paid no disallowance can be made and, therefore,. the appellant disallowed only Rs.37

ELITE INFRAPROJECTS PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE-8(1), HYDERABAD

In the result, all the appeals of the assessee are dismissed

Bench: Shri Laliet Kumar, Hon’Ble & Shri Madhusudan Sawdia, Hon’Ble

TDS credit claimed in the return of income is incorrect. The credit for the tax deducted at source was only claimed to the extent it is appearing in Form 26AS. For the services provided by the company during the year, the recipients of services have paid the amounts to the assessee after deducting tax at source in accordance with

ELITE INFRAPROJECTS PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE-8(1), HYDERABAD

In the result, all the appeals of the assessee are dismissed

Bench: Shri Laliet Kumar, Hon’Ble & Shri Madhusudan Sawdia, Hon’Ble

TDS credit claimed in the return of income is incorrect. The credit for the tax deducted at source was only claimed to the extent it is appearing in Form 26AS. For the services provided by the company during the year, the recipients of services have paid the amounts to the assessee after deducting tax at source in accordance with