ITO, WARD-7(3), HYD, HYDERABAD vs. KOSETTY NAGARAJU, HYD, HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmans.No.

capital gains at Rs. 54,94,81,659 not having been clearly spelt ought to have annulled the computed figure of Rs..54,94,81,659. 2. The learned (CIT(A) ought to have clearly held that the entire re-assessment proceedings u/s.147 rws 148 are illegal without jurisdiction and bad in law as the learned DClT has reopened

ITO, WARD-7(3), HYD, HYDERABAD vs. KOSETTY KISHORE, HYD, HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmans.No.

capital gains at Rs. 54,94,81,659 not having been clearly spelt ought to have annulled the computed figure of Rs..54,94,81,659. 2. The learned (CIT(A) ought to have clearly held that the entire re-assessment proceedings u/s.147 rws 148 are illegal without jurisdiction and bad in law as the learned DClT has reopened

SUBHASH KUMAR KEDIA,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-3(1), HYDERABAD

In the result, appeal filed by the assessee in ITA

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.707/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2015-16) Shri Subhash Kumar Kedia Vs. Asstt. C. I. T. Hyderabad Central Circle 3(1) Pan:Afvpk8915Q Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No. 405/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2015-16) Vs. Shri Bikash Kumar Asstt. C. I. T. Kedia Hyderabad Central Circle 3(1) Pan:Afapk8794E Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Vamshi Krishna, Dr सुनवाई की तारीख/Date Of Hearing: 09/10/2024 घोषणा की तारीख/Pronouncement: 29/10/2024 आदेश/Order Per Manjunatha, G. A.M These Two Appeals Filed By Different Assessees Are Directed Against The Separate, But Identical Orders Dated 31/01/2020 Of The Learned Cit (A)-11, Hyderabad Relating To Page 1 Of 33

Gain. Based on the said information, the Assessing Officer recorded reasons for Page 19 of 33 ITA 707 & 405 of 2020 Subhash Kumar Kedia & Other reopening of the assessment and observed that there is an escapement of income from tax on account of under assessment of Long-Term Capital

BIKASH KUMAR KEDIA ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(1), HYDERABAD

In the result, appeal filed by the assessee in ITA

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.707/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2015-16) Shri Subhash Kumar Kedia Vs. Asstt. C. I. T. Hyderabad Central Circle 3(1) Pan:Afvpk8915Q Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No. 405/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2015-16) Vs. Shri Bikash Kumar Asstt. C. I. T. Kedia Hyderabad Central Circle 3(1) Pan:Afapk8794E Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Vamshi Krishna, Dr सुनवाई की तारीख/Date Of Hearing: 09/10/2024 घोषणा की तारीख/Pronouncement: 29/10/2024 आदेश/Order Per Manjunatha, G. A.M These Two Appeals Filed By Different Assessees Are Directed Against The Separate, But Identical Orders Dated 31/01/2020 Of The Learned Cit (A)-11, Hyderabad Relating To Page 1 Of 33

Gain. Based on the said information, the Assessing Officer recorded reasons for Page 19 of 33 ITA 707 & 405 of 2020 Subhash Kumar Kedia & Other reopening of the assessment and observed that there is an escapement of income from tax on account of under assessment of Long-Term Capital

ISHOO NARANG,HYDERABAD vs. DCIT CIRCLE -2(1), HYDERABAD

In the result, appeal filed by the assessee is allowed

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.450/Hyd/2022 & S.A. No.1/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2014-15) Ishoo Narang Vs. Dy. Cit Hyderabad Circle 2(1) Pan:Aaupn9082B Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Smt. Th Vijaya Lakshmi, Cit (Dr) सुनवाई की तारीख/Date Of Hearing: 19/08/2024 घोषणा की तारीख/Pronouncement: 25/09/2024 आदेश/Order Per Manjunatha, G. A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 15/07/2022 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2014-15. 2. The Assessee Has Raised The Following Grounds: “1. The Ld. Cit(A) Erred In Dismissing The Appeal. 2. The Ld.Cit(A) Erred In Holding That Al The Mandatory Preconditions Before Reopening Of Assessment U/S 147 Of The Act Were Duly Complied & Met With By The A.O.

reopening of the assessment u/s 147 of the I.T. Act, 1961 on the ground that there is enough material which come to the possession of the Assessing Officer subsequent to completion of the assessment which suggests escapement of income on account of under assessment of Long-Term Capital Gain

SRINIVAS SHAH RADRARAJU ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(1), HYDERABAD

In the result, appeal filed by the assessee is allowed

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.957/Hyd/2019 (निर्धारण वर्ा/Assessment Year: 2014-15) Srinivas Shah Rudraraju Vs. Dcit, Circle-2(1) Hyderabad Hyderabad [Pan :Afcpr1979L] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Dr.Sachin Kumar, Dr सुिवधई की तधरीख/Date Of Hearing: 15/01/2025 घोर्णध की तधरीख/Date Of 05/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.03.2019 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)]-2, Guntur, Pertaining To A.Y.2014-15. 2. The Brief Facts Of The Case Are That, The Assessee Is An Individual, Filed His Return Of Income For The A.Y.2014-15 On 31.03.2015, Admitting Total Income Of Rs.53,50,976/-. The Case Was Selected For Scrutiny Under Cass For The Reason ‘Suspicious Long Term Capital Gain On Shares’ & During The Course Of Assessment Proceedings, The Assessing Officer, Noticed That The 2 Srinivas Shah Rudra Raju

Gain. Based on the said information, the Assessing Officer recorded reasons for reopening of the assessment and observed that there is an escapement of income from tax on account of under assessment of Long-Term Capital

SRUTHI RIEDL,HYDERABAD vs. ITO, INTERNATIONAL TAXATION-2, HYDERABAD

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarassessment Year: 2016-17 Sruthi Riedl, Income Tax Officer, Hyderabad Vs. (International [Pan No. Aggpp6953R] Taxation)-2, Hyderabad (Appellant) (Respondent) निर्धारिती द्वारा /Assessee By: Shri H. Srinivasulu, Ar /Revenue By: Ms. T. Vijaya Lakshmi, Cit-Dr राजस्‍वजस्‍व द्वारा सुनवाई ई की तारीखीख/Date Of Hearing: 28/08/2023 घोषणा की तारीखीख/Pronouncement On: 08/11/2023

reopening the assessment U/s 147, and capital gain of Rs. 2,56,90,030 was wrongly taxed in AN 201647. 4. The Id A.O/DRP

NAVEEN KUMAR MUSINIPALLY,USA vs. ADIT (INT-TAXN)-1, HYDERABAD

In the result, appeal of the Assessee partly allowed

reopen of the assessment. Subsequently, notices u/sec.142(1) and 143(2) of the Income Tax Act, 1961, were issued to the assessee and assessee also submitted information from time to time. The Assessing Officer on the basis of information available with the Department, observed that, during the financial year 2015-2016, relevant to the assessment year 2016-2017, the assessee

ARUN KUMAR GOYAL ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(2), HYDERABAD

Appeals are allowed in above terms

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

capital gains and have been entered in earlier year and have been recorded as on 31.03.2006. A.O. even though has reopened the assessment

TARUN KUMAR GOYAL ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(2), HYDERABAD

Appeals are allowed in above terms

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

capital gains and have been entered in earlier year and have been recorded as on 31.03.2006. A.O. even though has reopened the assessment

TARUN KUMAR GOYAL ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(1)2, HYDERABAD

Appeals are allowed in above terms

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

capital gains and have been entered in earlier year and have been recorded as on 31.03.2006. A.O. even though has reopened the assessment

S HARINATH CHOWDARY ,HYDERABAD vs. INCOME TAX OFFICER, WARD-8(1), HYDERABAD

In the result, appeal of the assessee is partly allowed

Bench: Smt. P. Madhavi Devi

capital gains originally assessed in the assessment order. 2.1. In the meantime,, the AO reopened the assessment for the A.Y.2007-08

GRANULES INDIA LIMITED,HYDERABAD vs. DCIT, CIRCLE-2(1), HYDERABAD

In the result, appeal filed by the assessee is dismissed

Bench: Shri Vijay Pal Rao, Hon’Ble & Shri Manjunatha G. Hon’Bleआयकर अपील सं / Ita No.1289/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2010-11) Granules India Limited Vs. Dcit- Circle -2(1) 15Th Floor, Granules Tower Signature Tower, Botanical Garden Road Sy. No. 6(P) Of Kondaput Kondapur, Hyderabad – 500084 Sy. No. 37 Of Kothaguda Telangana Opp. Botanical Gardens Serilingampalluy, R.R. District Pan: Aaacg7369K Hyderabad-500084, Telangana (अपीलाथी/ Appellant) (प्रत्यथी/ Respondent)

gain on capital account shall not be disallowed. In response, the assessee vide letter 7 Granules India Limited dated 04.12.2017 raised objections for reopening of the assessment

DCIT, CIRCLE-17(1), HYD, HYDERABAD vs. ECI ENGINEERING & CONSTRUCTION CO. LTD., HYD, HYDERABAD

In the result, the appeal of the assessee is allowed

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2006-07 The Asst. Commissioner Of Vs. M/S. Eci Engineering & Income Tax, Construction Co., Ltd., Circle 17(1), Hyderabad. Hyderabad. Pan : Aaace74411G (Appellant) (Respondent) Ita 968/Hyd/2016 Assessment Year 2006-07 M/S. Eci Engineering & Vs. The Asst. Commissioner Of Construction Co., Ltd., Income Tax, Hyderabad. Circle 2(2), Hyderabad. Pan : Aaace74411G (Appellant) (Respondent) Assessee By: Shri K.C. Devdas Revenue By: Shri K.P.R.R. Murthy. Date Of Hearing: 27.03.2023 Date Of Pronouncement: 15.05.2023 O R D E R Per Laliet Kumar, J.M. These Two Appeals Filed By The Assessee & The Revenue, Respectively, Are Directed Against The Order Of Commissioner Of Income Tax (Appeals) – 5, Hyderabad Dated 30.03.2016 For The Assessment Year 2006-07. 2. The Abridged Grounds Raised By The Assessee In Ita No.968/Hyd/2016 Read As Under : “1. The Order Of Ld.Cit(A) - 5 Is Erroneous In Law In Facts & In Law. 2. The Ld.Cit(A) Erred In Upholding The Decision Of The Ld.Ao In Treating Sale Of Partly Paid Up Shares As Fully Paid & Confirming The Addition Of Rs.50,14,625/- As Long Term Capital Gain. 3. The Ld.Cit(A) Erred In Confirming The Addition Of Rs.27,69,422/- Towards Difference In Interest. 4. Further, The Ld.Cit(A) Failed To Observe That The Notes To Financial Statements Clearly Mentioned The Interest Income Which Pertained To The Previous Year & Accordingly Erred In Upholding The Action Of The Ld.Ao In Assessing The Difference In Interest Of Rs.27,69,422/-. 5. The Ld.Cit(A) Erred In Confirming The Addition Of Difference Of Prior Period Income Of Rs.1,26,71,371/-.”

capital gain by the Assessing Officer. It was the submission of the assessee by the ld.AR that once the assessee had disclosed all the information to the Assessing Officer, then it is for the Assessing Officer to use his power under the Act for making the additions in the hands of the assessee. Further, it was submitted that the additions

ECI ENGINEERING & CONSTRUCTION COMPANY LTD., HYD,HYDERABAD vs. ACIT, CIRCLE-2(2), HYD, HYDERABAD

In the result, the appeal of the assessee is allowed

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2006-07 The Asst. Commissioner Of Vs. M/S. Eci Engineering & Income Tax, Construction Co., Ltd., Circle 17(1), Hyderabad. Hyderabad. Pan : Aaace74411G (Appellant) (Respondent) Ita 968/Hyd/2016 Assessment Year 2006-07 M/S. Eci Engineering & Vs. The Asst. Commissioner Of Construction Co., Ltd., Income Tax, Hyderabad. Circle 2(2), Hyderabad. Pan : Aaace74411G (Appellant) (Respondent) Assessee By: Shri K.C. Devdas Revenue By: Shri K.P.R.R. Murthy. Date Of Hearing: 27.03.2023 Date Of Pronouncement: 15.05.2023 O R D E R Per Laliet Kumar, J.M. These Two Appeals Filed By The Assessee & The Revenue, Respectively, Are Directed Against The Order Of Commissioner Of Income Tax (Appeals) – 5, Hyderabad Dated 30.03.2016 For The Assessment Year 2006-07. 2. The Abridged Grounds Raised By The Assessee In Ita No.968/Hyd/2016 Read As Under : “1. The Order Of Ld.Cit(A) - 5 Is Erroneous In Law In Facts & In Law. 2. The Ld.Cit(A) Erred In Upholding The Decision Of The Ld.Ao In Treating Sale Of Partly Paid Up Shares As Fully Paid & Confirming The Addition Of Rs.50,14,625/- As Long Term Capital Gain. 3. The Ld.Cit(A) Erred In Confirming The Addition Of Rs.27,69,422/- Towards Difference In Interest. 4. Further, The Ld.Cit(A) Failed To Observe That The Notes To Financial Statements Clearly Mentioned The Interest Income Which Pertained To The Previous Year & Accordingly Erred In Upholding The Action Of The Ld.Ao In Assessing The Difference In Interest Of Rs.27,69,422/-. 5. The Ld.Cit(A) Erred In Confirming The Addition Of Difference Of Prior Period Income Of Rs.1,26,71,371/-.”

capital gain by the Assessing Officer. It was the submission of the assessee by the ld.AR that once the assessee had disclosed all the information to the Assessing Officer, then it is for the Assessing Officer to use his power under the Act for making the additions in the hands of the assessee. Further, it was submitted that the additions

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1), HYDERABAD vs. D VENKATESWARA RAO, HYDERABAD

In the result, all the appeals filed by the Revenue and the C

Bench: Shri V. Durga Rao, Hon’Ble & Shri S. Rifaur Rahman, Hon’Bledcit, Central-2(1), Vs. D. Venkateswara Rao, Hyderabad Flat No. 201, Sri Chaitanya Residency, Street No. 2, Sagar Society, Hyderabad. Pan No. Abppd 8276 R Dcit, Central-2(1), D. Raghava Rao, Hyderabad Flat No. 201, Sri Chaitanya Residency, Street No. 2, Sagar Society, Banjara Hilld, Hyderabad. Pan No. Abppd 8275 N Dcit, Central-2(1), M/S. Kohinoor Hatcheries Hyderabad Pvt. Ltd., Plot No. 801, Phase-I, Kavuri Hills, Madhapur, Hyderabad. Pan No. Aaack 8477 G C.O.No. 21/Hyd/2018 (Arising Out Of Ita No. 574/Hyd/2018) (Asst. Years : 2009-10) M/S. Kohinoor Hatcheries Dcit, Central-2(1), Pvt. Ltd., Plot No. 801, Hyderabad Phase-I, Kavuri Hills, Madhapur, Hyderabad. Pan No. Aaack 8477 G (Appellants) (Respondents)

assessment under the head ‘capital gains’. Accordingly, the assessee’s case was reopened. A notice under section 148, dated 30/03/2015

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1), HYDERABAD vs. D RAGHAVA RAO, HYDERABAD

In the result, all the appeals filed by the Revenue and the C

Bench: Shri V. Durga Rao, Hon’Ble & Shri S. Rifaur Rahman, Hon’Bledcit, Central-2(1), Vs. D. Venkateswara Rao, Hyderabad Flat No. 201, Sri Chaitanya Residency, Street No. 2, Sagar Society, Hyderabad. Pan No. Abppd 8276 R Dcit, Central-2(1), D. Raghava Rao, Hyderabad Flat No. 201, Sri Chaitanya Residency, Street No. 2, Sagar Society, Banjara Hilld, Hyderabad. Pan No. Abppd 8275 N Dcit, Central-2(1), M/S. Kohinoor Hatcheries Hyderabad Pvt. Ltd., Plot No. 801, Phase-I, Kavuri Hills, Madhapur, Hyderabad. Pan No. Aaack 8477 G C.O.No. 21/Hyd/2018 (Arising Out Of Ita No. 574/Hyd/2018) (Asst. Years : 2009-10) M/S. Kohinoor Hatcheries Dcit, Central-2(1), Pvt. Ltd., Plot No. 801, Hyderabad Phase-I, Kavuri Hills, Madhapur, Hyderabad. Pan No. Aaack 8477 G (Appellants) (Respondents)

assessment under the head ‘capital gains’. Accordingly, the assessee’s case was reopened. A notice under section 148, dated 30/03/2015

DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(1), HYDERABAD vs. KOHINOOR HATCHERIES PRIVATE LIMITED, HYDERABAD

In the result, all the appeals filed by the Revenue and the C

Bench: Shri V. Durga Rao, Hon’Ble & Shri S. Rifaur Rahman, Hon’Bledcit, Central-2(1), Vs. D. Venkateswara Rao, Hyderabad Flat No. 201, Sri Chaitanya Residency, Street No. 2, Sagar Society, Hyderabad. Pan No. Abppd 8276 R Dcit, Central-2(1), D. Raghava Rao, Hyderabad Flat No. 201, Sri Chaitanya Residency, Street No. 2, Sagar Society, Banjara Hilld, Hyderabad. Pan No. Abppd 8275 N Dcit, Central-2(1), M/S. Kohinoor Hatcheries Hyderabad Pvt. Ltd., Plot No. 801, Phase-I, Kavuri Hills, Madhapur, Hyderabad. Pan No. Aaack 8477 G C.O.No. 21/Hyd/2018 (Arising Out Of Ita No. 574/Hyd/2018) (Asst. Years : 2009-10) M/S. Kohinoor Hatcheries Dcit, Central-2(1), Pvt. Ltd., Plot No. 801, Hyderabad Phase-I, Kavuri Hills, Madhapur, Hyderabad. Pan No. Aaack 8477 G (Appellants) (Respondents)

assessment under the head ‘capital gains’. Accordingly, the assessee’s case was reopened. A notice under section 148, dated 30/03/2015