DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(2), HYDERABAD vs. TRACKS & TOWERS INFRATECH PRIVATE LIMITED(PART IX), HYDERABAD

In the result, both the appeals filed by the revenue are partly allowed

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

80-IE shall not be allowed and at the same time section 139(5) provides for filing a revised return, when the assessee discovers any omission or any wrong statement made in the return already filed under sub- section (1) of section 139 or return filed under sub- section (1) of section 142. This revised return can be filed

PATEL SEW JOINT VENTURE,TELANGANA vs. DCIT., CIRCLE-6(1), HYDERABAD

In the result, the cross-objection filed by the assessee is dismissed

Section 139(1) of the Act, the claim of deduction u/s 80-IA(4) of the Act cannot be allowed. The Ld. CIT(A), after considering the relevant facts, has rightly rejected the claim of the assessee. Thus, we uphold the findings of the Ld. CIT(A) and dismiss the appeal filed by the assessee. 12. In the result

ACIT., CIRCLE-6(1), HYDERABAD vs. PATEL SEW JOINTVENTURE, HYDERABAD

In the result, the cross-objection filed by the assessee is dismissed

Section 139(1) of the Act, the claim of deduction u/s 80-IA(4) of the Act cannot be allowed. The Ld. CIT(A), after considering the relevant facts, has rightly rejected the claim of the assessee. Thus, we uphold the findings of the Ld. CIT(A) and dismiss the appeal filed by the assessee. 12. In the result

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE2-(2), HYDERABAD vs. SUSHEE INFRA & MINING LIMITED, HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी प्रत्‍यर्थी / Ita No. / A.Y. / Appellant / Respondent

section 80-IA(4) of the Act and also TDS of Rs.53,87,55,539/- on the ground that TDS

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE2-(2), HYDERABAD vs. SUSHEE INFRA & MINING LIMITED, HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी प्रत्‍यर्थी / Ita No. / A.Y. / Appellant / Respondent

section 80-IA(4) of the Act and also TDS of Rs.53,87,55,539/- on the ground that TDS

SUSHEE INFRA & MINING LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-(2), HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी प्रत्‍यर्थी / Ita No. / A.Y. / Appellant / Respondent

section 80-IA(4) of the Act and also TDS of Rs.53,87,55,539/- on the ground that TDS

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE2-(2), HYDERABAD vs. SUSHEE INFRA & MINING LIMITED, HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी प्रत्‍यर्थी / Ita No. / A.Y. / Appellant / Respondent

section 80-IA(4) of the Act and also TDS of Rs.53,87,55,539/- on the ground that TDS

SUSHEE INFRA & MINING LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2(2), HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी प्रत्‍यर्थी / Ita No. / A.Y. / Appellant / Respondent

section 80-IA(4) of the Act and also TDS of Rs.53,87,55,539/- on the ground that TDS

SUSHEE INFRA & MINING LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2(2), HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी प्रत्‍यर्थी / Ita No. / A.Y. / Appellant / Respondent

section 80-IA(4) of the Act and also TDS of Rs.53,87,55,539/- on the ground that TDS

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2(2), HYDERABAD vs. SUSHEE INFRA & MINING LIMITED, HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी प्रत्‍यर्थी / Ita No. / A.Y. / Appellant / Respondent

section 80-IA(4) of the Act and also TDS of Rs.53,87,55,539/- on the ground that TDS

SUSHEE INFRA & MINING LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2(2), HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी प्रत्‍यर्थी / Ita No. / A.Y. / Appellant / Respondent

section 80-IA(4) of the Act and also TDS of Rs.53,87,55,539/- on the ground that TDS

SUSHEE INFRA & MINING LIMITED,HYDERABAD vs. DCIT, CIRCLE -2(2), HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी प्रत्‍यर्थी / Ita No. / A.Y. / Appellant / Respondent

section 80-IA(4) of the Act and also TDS of Rs.53,87,55,539/- on the ground that TDS

SANGHI INDUSTRIES LIMITED,HYDERABAD vs. DCIT, CIRCLE -3 (1), HYDERABAD

In the result, the appeal of the assessee is dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

section 80IA(8) and mandates of judicial authorities. 4b. By rejecting the comparable market rate for procurement of power from Paschim Gujarat Vij Company Limited (PGVCL) and determining the Arm’s Length Price at Rs. 2.97/- per unit, being the median of the various sale prices charged by the power unit to the independent third parties. 4c. By not appreciating

INTIME PROPERTIES LIMITED,HYDERABAD vs. DCIT., CIRCLE 2(1), HYDERABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1226/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2014-15) Intime Properties Ltd Vs. Dy.Cit Hyderabad Circle 2(1) Pan:Aabci5676A Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Adv Madhur Agarwal & Ca Paresh Sondagar राज" व "ारा/Revenue By:: Shri Ranjan Agrawala, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 19/11/2025 घोषणा की तारीख/Pronouncement: 26/11/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Intime Properties Ltd (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-52, Mumbai (“Ld. Cit(A)”) Dated 30.05.2025 For The A.Y 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal:

TDS refund received by an eligible undertaking qualifies for deduction under section 80-IA of the Act. Accordingly, the Ld. AR prayed

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

80-IA of the Income-tax Act, 1961, regarding the eligibility of infrastructure projects for tax deductions , can not be made basis for denying the 80IA to the assessee for irrigation projects. 13. It was submitted that the Explanation for the purposes of Section 80IA below sub-section 80IA(4) of the Act was inserted by the Finance Act w.e.f

RAMAKRISHNA INDUSTRIES ,HYDERABAD vs. DCIT, CIRCLE-15(1), HYDERABAD

In the result, appeal of the assessee is treated as partly allowed for statistical purposes

Bench: Shri K. Narasimha Chary

80-IA of the Act. Ground No. 3 of the appeal is accordingly allowed. 12. Grounds No. 5 and 6 relate to disallowance of expenditure under section 37 and 40(a)(ia) of the Act. It is the submission on behalf of the assessee that insofar as the property tax is concerned, the assessee is filing the property tax receipts

ACIT., CIRCLE-8(1), HYDERABAD vs. NCC HES JV, HYDERABAD

TDS details, which the assessee duly furnished. After reviewing the submitted details, a show cause notice, dated 20.12.2019, was issued, requiring the assessee to explain why the deduction u/s 80IA should not be disallowed. Thereafter, assessee furnished his reply. After verification of the submissions made by the assessee, Assessing Officer completed the assessment u/s 143(3) of the Act dt.30.12.2019

DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(2), HYDERABAD vs. HSBC ELECTRONIC DATA PROCESSING INDIA PRIVATE LIMITED, , HYDERABAD

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

80,68,016/-. ITA Nos.1613 & 1632/Hyd/2017 Page 7 5. The assessee raised as many as 11 grounds in this appeal. During the appellate proceedings the Ld. AR withdraw Ground No.9, hence the same is not required to be separately adjudicated. Further Ground No.8 of the assessee relates to initiation of penalty proceedings under section

ACIT., CIRCLE-8(1), HYDERABAD vs. NCC HES JV, MADHAPUR

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

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

Section 80IA of the Act by observing that with the purpose of boosting the country's infrastructure specially the transport infrastructure, Finance Act, 1995 which came into effect April 01, 1996 brought an amendment to the provisions of Section 80IA of the Act. In the said decision, the Hon'ble Supreme Court upheld the views taken in the case