EPAM SYSTEMS INDIA PRIVATE LIMITED,HYDERABAD vs. DCIT, CIRCLE -8 (1), HYDERABAD

In the result, both the appeals of the Assessee are allowed

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita Nos.83 & 498/Hyd/2022 Assessment Years 2017-2018 & 2018-2019 Epam Systems India The Dcit & The Acit, Private Limited, Vs. Circle-8(1), Hyderabad – 500 081 Hyderabad. Pan Aaacw2012R (Appellant) (Respondent) िनधा"रती "ारा /Assessee By: Ca Shreyas Sardesai राज" व "ारा /Revenue By: Ms U Mini Chandran, Cit-Dr

TDS on ESOP is an international transaction with its AE which was not at arm's length. 4:2 The Appellant submits that considering the facts and circumstances of its case and the law prevailing on the subject the international transactions relating to recovery of expenses were at arm's length and hence no adjustment in respect thereof was called

EPAM SYSTEMS INDIA PRIVATE LIMITED,HYDERABAD vs. ACIT, CIRCLE-8(1), HYDERABAD

In the result, both the appeals of the Assessee are allowed

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita Nos.83 & 498/Hyd/2022 Assessment Years 2017-2018 & 2018-2019 Epam Systems India The Dcit & The Acit, Private Limited, Vs. Circle-8(1), Hyderabad – 500 081 Hyderabad. Pan Aaacw2012R (Appellant) (Respondent) िनधा"रती "ारा /Assessee By: Ca Shreyas Sardesai राज" व "ारा /Revenue By: Ms U Mini Chandran, Cit-Dr

TDS on ESOP is an international transaction with its AE which was not at arm's length. 4:2 The Appellant submits that considering the facts and circumstances of its case and the law prevailing on the subject the international transactions relating to recovery of expenses were at arm's length and hence no adjustment in respect thereof was called

SHAKTI HORMANN PRIVATE LIMITED,HYDERABAD vs. DCIT, CIRCLE-3(1), HYDERABAD

Bench: Shri Manjunatha G.\Nand\Nshri Ravish Sood\Nआ.अपी.सं /Ita No.917/Hyd/2024\N(निर्धारण वर्ष/Assessment Year:2020-21)\Nshakti Hormann Private\Nlimited,\Nhyderabad.\Nvs. Dcit,\Ncircle-3(1),\Nhyderabad.\Npan: Aadcs4024Q\N(Appellant)\N(Respondent)\Nनिर्धारिती द्वारा / Assessee By: Shri P. Murali Mohan Rao,\Nca\Nराजस्व द्वारा / Revenue By: Ms. U. Mini Chandran,\Ncit-Dr\Nसुनवाई की तारीख /Date Of Hearing: 15/10/2025\Nघोषणा की तारीख / Date Of 19/12/2025\Npronouncement:\Nआदेश / Order\Nper. Ravish Sood, J.M:\Nthe Present Appeal Filed By The Assessee Company Is Directed\Nagainst The Final Assessment Order Passed By The Assessing Officer (For\Nshort, “A.O.”) Under Section 143(3) R.W.S 144C(13) R.W.S 144B Of The\Nincome Tax Act, 1961 (For Short, “The Act”) Dated 25/07/2024 For The\N Assessment Year (Ay) 2020-21. The Assessee Company Has Assailed\Nthe Impugned Order Passed By The Cit(A) On The Following Grounds Of\Nappeal Before Us:\N1. On The Facts & In The Circumstances Of The Case, The Final Assessment\Norder Passed U/S 143(3) R.W.S.144C(13) Of The Act Dated 25.07.2024 By\Nthe Ao & Also The Order Passed U/S 92Ca (3) Dt 30.07.2023 By The Tpo\Nare Bad In The Eyes Of Law & Thus, Unsustainable To The Test Of Appeal.\N2.0 The Final Assessment Order Passed U/S 143(3) R.W.S.144C(13) R.W.S.144B\Nis Beyond The Time Limit Prescribed U/S 153 Of The Act.\N2.

TDS related\ndisallowances; and (vii) prior year adjustments. After necessary\nverifications, the AO accepted the assessee's explanation on the issues\nother than the TP adjustment that was suggested by the TPO.\n6. The AO thereafter issued a draft assessment order under section\n144C(1) of the Act, dated 26/09/2023, wherein, after incorporating the\nTP adjustments, he proposed to assess

CONCENTRIX CATALYST TECHNOLOGIES PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE - 1(1), HYDERABAD

In the result, the appeal of the assessee is allowed in\nterms of our aforesaid observations

TDS credit amounting to INR 6,360 appearing in the Form 26AS as per the\nOGE dated 07 February 2024 pursuant to the order of Hon'ble CIT(A).\n19. erred in levying interest under section 234C of the Act in the impugned order.\n20. erred in initiating penalty proceedings under section 270A of the Act against the Appellant without

BHUPAL INFRASTRUCTURE PRIVATE LIMITED,HYDERABAD vs. ACIT., CENTRAL CIRCLE-1(2), HYDERABAD

In the result, the appeal of the assessee for A

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON’BLE (Accountant Member)

Section 40(a)(ia) of the Act, for non-deduction of TDS on payment made to subcontractors, advertisement expenses, interest on TDS. The A.O. disallowed 30% of expenditure incurred towards subcontract payment of Rs. 41,90,848/- and made addition of Rs. 12,57,254

BHUPAL INFRASTRUCTURE PRIVATE LIMITED,HYDERABAD vs. ACIT., CENTRAL CIRCLE -1(2), HYDERABAD

In the result, the appeal of the assessee for A

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON’BLE (Accountant Member)

Section 40(a)(ia) of the Act, for non-deduction of TDS on payment made to subcontractors, advertisement expenses, interest on TDS. The A.O. disallowed 30% of expenditure incurred towards subcontract payment of Rs. 41,90,848/- and made addition of Rs. 12,57,254

BHUPAL INFRASTRUCTURE PRIVATE LIMITED,HYDERABAD vs. ACIT., CENTRAL CIRCLE-1(2), HYDERABAD

In the result, the appeal of the assessee for A

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON'BLE (Accountant Member)

Section 40(a)(ia) of the Act, for non-deduction of TDS on payment made to subcontractors, advertisement expenses, interest on TDS. The A.O. disallowed 30% of expenditure incurred towards subcontract payment of Rs. 41,90,848/- and made addition of Rs. 12,57,254

ADP PRIVATE LIMITED,HYDERABAD, TELANGANA vs. DCIT., CIRCLE 1(1), HYDERABAD, TELANGANA

In the result, the appeal filed by the assessee is allowed in terms of our observations given hereinabove

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON’BLE (Accountant Member)

TDS Credit of the transferor company to successor or transferee company even though the income of the transferor company is already considered by the successor company. 18.3 The Ld. AO erred in law and facts by not granting any TCS credit vis-à-vis INR 1,29,734/- as claimed by the Appellant in its Return of Income

GAINSIGHT SOFTWARE PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE-2(1), HYDERSABAD

In the result, the appeal filed by the assessee is allowed in terms of our observations given hereinabove

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON’BLE (Accountant Member)

TDS payments, assets, borrowings, and other supporting documents. The assessee submitted partial and complete responses on various dates and also participated in video- conference proceedings on 12.09.2023, furnishing explanations on ICDS and related issues. Since the assessee had reported large 6 Gainsight Software Private Limited value international transactions in respect of provision of software development services, a reference was made

MADHUCON PROJECTS LIMITED,HYDERABAD vs. DCIT., CENTRAL CIRCLE-3, HYDERABAD, HYDERABAD

Bench: Shri R.K. Panda & Shri Laliet Kumar

254(2) of the Act. 2. The grounds raised by the assessee in ITA No.1937 and 1938/Hyd/2014 are similar except the amounts involved. Hence, we are reproducing the grounds in ITA No.1937/Hyd/2014 for A.Y. 2005-06 only for the sake of brevity. Madhucon Projects Limited, Hyderabad. “1) The order of the ld.CIT(A) – VII, Hyderabad is erroneous both on facts

MADHUCON PROJECTS LTD, HYDERABAD,HYDERABAD vs. DCIT, CENTRAL CIRCLE-3, HYD, HYDERABAD

Bench: Shri R.K. Panda & Shri Laliet Kumar

254(2) of the Act. 2. The grounds raised by the assessee in ITA No.1937 and 1938/Hyd/2014 are similar except the amounts involved. Hence, we are reproducing the grounds in ITA No.1937/Hyd/2014 for A.Y. 2005-06 only for the sake of brevity. Madhucon Projects Limited, Hyderabad. “1) The order of the ld.CIT(A) – VII, Hyderabad is erroneous both on facts

MADHUCON PROJECTS LIMITED,HYDERABAD vs. DCIT., CENTRAL CIRCLE-3, HYDERABAD, HYDERABAD

Bench: Shri R.K. Panda & Shri Laliet Kumar

254(2) of the Act. 2. The grounds raised by the assessee in ITA No.1937 and 1938/Hyd/2014 are similar except the amounts involved. Hence, we are reproducing the grounds in ITA No.1937/Hyd/2014 for A.Y. 2005-06 only for the sake of brevity. Madhucon Projects Limited, Hyderabad. “1) The order of the ld.CIT(A) – VII, Hyderabad is erroneous both on facts

KAKINADA INFRASTRUCTURE HOLDINGS PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE-2(1), HYDERABAD

TDS\nreturn is enclosed for your record.”\n8.1.\nThus, it is explained by the assessee that the said\nexpenditure was incurred for sponsoring a programme;\nprinting of books for the distribution to the eminent people\nduring the spiritual concert. The Assessing Officer has not\ndisputed that the assessee's advertising was duly appearing\nin the said book as a sponsor

COSYN LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , TDS, CIRCLE-1(1), HYDERABAD

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahum.A.Nos.85 & 86/Hyd/2021 (Arising Out Of Ita Nos.64 & 65/Hyd/2019) Assessment Years: 2016-17 & 2017-18 M/S. Cosyn Limited, The Deputy Commissioner (Formerly Known As Of Income Tax, Css Technergy Limited). Tds, Circle 1(1), Hyderabad. Hyderabad. Pan No.Aabcc3628G. (Appellant) (Respondent) Assessee By: Sri Praveen Nair For Sri Karan Talwar. Revenue By: Sri Swapnil Patil. Date Of Hearing: 04/02/2022 Date Of Pronouncement: 16/02/2022 Order Per S. S. Godara, J.M. These Revenue’S Twin Miscellaneous Applications Filed U/S 254(2) Of The Income Tax Act, 1961 (In Short ‘Act’) Seek To Recall Our Impugned Common Order 11.06.2021 Deleting Section 200A R.W.S. 234E Late Filing Fee; Involving Varying Sums, Respectively. Heard Both The Parties. Case Files Perused.

TDS, Circle 1(1), Hyderabad. Hyderabad. PAN No.AABCC3628G. (Appellant) (Respondent) Assessee by: Sri Praveen Nair for Sri Karan Talwar. Revenue by: Sri Swapnil Patil. Date of hearing: 04/02/2022 Date of pronouncement: 16/02/2022 ORDER Per S. S. Godara, J.M. These Revenue’s twin miscellaneous applications filed u/s 254(2) of the Income Tax Act, 1961 (in short ‘Act’) seek to recall

COSYN LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , TDS, CIRCLE-1(1), HYDERABAD

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahum.A.Nos.85 & 86/Hyd/2021 (Arising Out Of Ita Nos.64 & 65/Hyd/2019) Assessment Years: 2016-17 & 2017-18 M/S. Cosyn Limited, The Deputy Commissioner (Formerly Known As Of Income Tax, Css Technergy Limited). Tds, Circle 1(1), Hyderabad. Hyderabad. Pan No.Aabcc3628G. (Appellant) (Respondent) Assessee By: Sri Praveen Nair For Sri Karan Talwar. Revenue By: Sri Swapnil Patil. Date Of Hearing: 04/02/2022 Date Of Pronouncement: 16/02/2022 Order Per S. S. Godara, J.M. These Revenue’S Twin Miscellaneous Applications Filed U/S 254(2) Of The Income Tax Act, 1961 (In Short ‘Act’) Seek To Recall Our Impugned Common Order 11.06.2021 Deleting Section 200A R.W.S. 234E Late Filing Fee; Involving Varying Sums, Respectively. Heard Both The Parties. Case Files Perused.

TDS, Circle 1(1), Hyderabad. Hyderabad. PAN No.AABCC3628G. (Appellant) (Respondent) Assessee by: Sri Praveen Nair for Sri Karan Talwar. Revenue by: Sri Swapnil Patil. Date of hearing: 04/02/2022 Date of pronouncement: 16/02/2022 ORDER Per S. S. Godara, J.M. These Revenue’s twin miscellaneous applications filed u/s 254(2) of the Income Tax Act, 1961 (in short ‘Act’) seek to recall

SABIR, SEW 7 PRASAD JV,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-6(1), HYDERABAD

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

Section 80IA(4) of the Act. Further, if you\ngo by the scope of the project work, as defined in the BID\ndocument, it is a huge irrigation project for drawing 88.24 TMC\nwater from Mid Manair Reservoir in 120 days with a static head\nof about 88 mtrs lift in single stage at Anantagiri Village and the\nproject requires

CELESTIAL AVENUES PVT LTD REP. BY CSK PROPERTIES PVT LTD ON MERGER-PAN-AADCC3990R,HYDERABAD. vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE -1(2), HYDERABAD.

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri G. Manjunatha G, Hon’Bleआ.अपी.सं / Ita Nos.212 To 214/Hyd/2019 (निर्धारण वर्ा / Assessment Years: 2006-07, 2007-08 & 2008-09) M/S. Sabir, Sew & The Deputy Commissioner Of Prasad, Jv, Vs. Income Tax, Hyderabad. Circle – 6(1), Hyderabad. Pan : Abcfs2425A अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent

254 of the Act. In our considered opinion, there is no requirement of any incriminating material for 13 SABIR, SEW & PRASAD JV making the addition in the year of search i.e., A.Y. 2006-07 and other years were pending adjudication before the authorities and therefore, we do not find merit in the grounds raised by the assessee and accordingly

SABIR , SEW & PRASAD JV,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-6(1), HYDERABAD

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

Section 80IA(4), upon satisfying the conditions of\nthe BID document, in our considered view, the AO ought not to\nhave rejected the claim of the appellant merely for the reason that\nthe appellant has not entered into any direct agreement with the\nCentral Government or a State Government or any local authority\nor any other statutory body