ASST. COMMISSIONER OF INCOME TAX, CIRCLE-6(1), HYDERABAD, HYDERABAD vs. SUSHEE PRASAD JV, HYDERABAD

In the result, the appeal of the revenue is allowed

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2019-20 The Assistant Commissioner Of Vs. Sushee Prasad Jv, Hyderabad, Income Tax, Circle – 6(1), Plot No.246/A/2, Road Hyderabad. No.12, Mla Colony, Banjara Hills, Telangana – 500034. Pan : Aapas3540R. (Appellant) (Respondent) Assessee By: Shri S. Ramarao, Advocate. Revenue By: Shri Sesha Srinivas, Cit-Dr Date Of Hearing: 06.03.2024 Date Of Pronouncement: 12.03.2024

section. iii. The following details are noted from the copies of the returns of income and Form 26AS of the payees: 7 Name of the As per TDS schedule of the As per Form 26AS of the payee Return of income filed by the Recipient for AY 2019-20 recipient for AY 2019-20 Income TDS credit Total amount Total

DEMI REALTORS,HYDERABAD vs. DCIT, CIRCLE-6(1), HYDERABAD

In the result, the appeal of the assessee is partly allowed for statistical purposes on the above terms

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

94,00,000 under section 40A(3) of the Act. 2) Grounds 5 to 7: Disallowance of Rs.21,08,45,001 under section 40(a)(ia) of the Act. 3) Grounds 8 and 9: Payments made to parties amounting to Rs.4.8 crores without TDS

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

TDS was applicable on the same. However, in the present facts of the Appellant, the issue is not whether the payment for obtaining licenses of software and software maintenance would be royalty or not and whether there would be any tax required to be deducted at source. The issue here is whether the expenditure incurred would be revenue or capital

ACIT, CENTRAL CIRCLE-2(1), HYDERABAD vs. TRIDENT CHEMPHAR LIMITED, HYDERABAD

In the result, the appeal of the Revenue is allowed for statistical purposes

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2017-18 Asst. Commissioner Of Income Vs. M/S. Trident Chemphar Ltd. Hyderabad. Tax, Central Circle – 2(1), Pan : Aaeft8416H. Hyderabad. (Appellant) (Respondent) Assessee By: Shri B.G. Reddy Revenue By: Shri Rajendra Kumar – Cit-Dr Date Of Hearing: 09.01.2023 Date Of Pronouncement: 09.01.2023

TDS. On this ground, the payments made to foreign entities are to be disallowed as per the provisions of section 40(a)(i) of the I.T.Act, 1961. 5.5 In view of the above, in respect of payments made to these Non- Resident entities, as discussed above, in the absence of any documentary evidence for the services rendered and also

ITO (INTERNATIONAL TAXATION)-1, HYDERABAD vs. KESAVA KUMAR KUNAPUREDDY, HYDERABAD

In the result, the appeal of the Revenue is dismissed

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

94,445/-. During the assessment year under consideration, the assessee has reported a long-term capital gain of Rs. 1,44,21,262/- on sale of immovable property. The case was selected for scrutiny and during the course of assessment proceedings, the A.O. called upon the assessee to file relevant evidences, including details of sale of immovable property, computation

SANGHI TEXTILES PRIVATE LIMITED,HYDERBAD vs. ITO., WARD-3(1), HYDERABAD

Bench: Us:

TDS) under section 194A of the Act. As the assessee company had not filed its return of income for the subject year under section 139(1) of the Act, i.e., within the “due date” of 31/10/2013, the AO made an addition of the subject interest income in its hands. 7. The AO further observed that the assessee company, during

ACIT., CIRCLE-6(1), HYDERABAD vs. NEW CLUB, HYDERABAD

In the result, the appeal of the revenue is allowed for statistical purposes

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

TDS statement under section 194C that the assessee had received contract receipts of Rs.79,725/- during the relevant assessment year, which, in the absence of any documentary evidence, were treated as income from contract business and added to the total income of the assessee. The Ld. AO Page 3 of 12 New Club thereafter completed the assessment under section

R.K DISTILLERIES PRIVATE LIMITED,HYDERABAD vs. ITO., WARD-3(1), HYDERABAD

7. That the Learned CIT(A) ought to have directed the grant of due TDS credit in A.Y. 2020-21 and erred in upholding the action of CPC Bengaluru in restricting the credit to amounts reflected in Farm 26AS, without examining the substantive entitlement of the assessee. 8. The appellant may add, alter, amend or withdraw any of the above

NADIMINTY GANAPATHY SASTRY,HYDERABAD vs. DCIT, CIRCLE-14(1), HYDERABAD

In the result, appeal filed by the assessee is dismissed

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarassessment Year: 2013-14 Shri Nadiminty Ganapathy Vs. Dy. C. I. T. Sastry, Circle 14(1) Hyderabad Hyderabad Pan:Aalpg5424F (Appellant) (Respondent) Assessee By: Shri K.A. Sai Prasad, Ca Revenue By: Smt.T.H. Vijayalakshmi,Dr Date Of Hearing: 05/07/2023 Date Of Pronouncement: 11/07/2023 Order Per R.K. Panda, Vice-This Appeal Filed By The Assessee Is Directed Against The Order Dated 31/03/2021 Passed U/S 263 Of The I.T. Act, 1961 By The Learned Pr.Cit-1, Hyderabad Relating To A.Y.2013-14. 2. There Is A Delay Of 50 Days In Filing Of This Appeal By The Assessee For Which The Assessee Has Filed A Condonation Application Explaining The Reasons For Delay Along With An Affidavit. After Considering The Contents Of The Condonation Petition Filed Along With The Affidavit & After Hearing The Learned Dr, The Delay In Filing Of This Appeal By The Assessee Is Condoned & The Appeal Is Admitted For Adjudication.

section 94(7) of the I.T. Act is applicable. Since there were no details of the dividend or income of such securities or units received and the details of such exemption claimed on the dividend brought on record by the Assessing Officer, he was of the opinion that the taxability of the capital gain that arose remained unverified

AMARA RAJA POWER SYSTEMS LIMITED,TIRUPATI vs. DCIT., CIRCLE-1(1), TIRUPATI

TDS) was Rs.82,73,07,339/- only. The Ld. A.R. submitted that\non a conjoint reading of Clause 34(a) and Clause 21(b)(ii) of “Form\n3CD\", it can safely be gathered that the auditor of the assessee\ncompany had expressed in clear terms that the tax was deducted\nat source to the extent the same was deductible

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 115JB of the Act. Learned CIT(A), however, in absence of any written submission, dismissed the ground raised before him. It is the submission on behalf of the assessee that, when the entire material was available before him, learned CIT(A) should have decided the issue on the basis of material available before him and should not have rejected

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 115JB of the Act. Learned CIT(A), however, in absence of any written submission, dismissed the ground raised before him. It is the submission on behalf of the assessee that, when the entire material was available before him, learned CIT(A) should have decided the issue on the basis of material available before him and should not have rejected

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 115JB of the Act. Learned CIT(A), however, in absence of any written submission, dismissed the ground raised before him. It is the submission on behalf of the assessee that, when the entire material was available before him, learned CIT(A) should have decided the issue on the basis of material available before him and should not have rejected

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 115JB of the Act. Learned CIT(A), however, in absence of any written submission, dismissed the ground raised before him. It is the submission on behalf of the assessee that, when the entire material was available before him, learned CIT(A) should have decided the issue on the basis of material available before him and should not have rejected

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 115JB of the Act. Learned CIT(A), however, in absence of any written submission, dismissed the ground raised before him. It is the submission on behalf of the assessee that, when the entire material was available before him, learned CIT(A) should have decided the issue on the basis of material available before him and should not have rejected

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 115JB of the Act. Learned CIT(A), however, in absence of any written submission, dismissed the ground raised before him. It is the submission on behalf of the assessee that, when the entire material was available before him, learned CIT(A) should have decided the issue on the basis of material available before him and should not have rejected

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 115JB of the Act. Learned CIT(A), however, in absence of any written submission, dismissed the ground raised before him. It is the submission on behalf of the assessee that, when the entire material was available before him, learned CIT(A) should have decided the issue on the basis of material available before him and should not have rejected

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 115JB of the Act. Learned CIT(A), however, in absence of any written submission, dismissed the ground raised before him. It is the submission on behalf of the assessee that, when the entire material was available before him, learned CIT(A) should have decided the issue on the basis of material available before him and should not have rejected

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 115JB of the Act. Learned CIT(A), however, in absence of any written submission, dismissed the ground raised before him. It is the submission on behalf of the assessee that, when the entire material was available before him, learned CIT(A) should have decided the issue on the basis of material available before him and should not have rejected