ACIT, CENTRAL CIRCLE-2(3), HYDERABAD vs. TARA CHAND BOPPANA, HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

capital gain by applying provisions of Section 50C of the Act are dismissed as not pressed. 9. In the result, the appeal filed by the assessee is partly allowed. ITA Nos.638/Hyd/2022 for A.Y. 2019-20 (SARAT GOPAL BOPPANA) 10

ACIT, CENTRAL CIRCLE-2(3), HYDERABAD vs. SARAT GOPAL BOPPANA, HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

capital gain by applying provisions of Section 50C of the Act are dismissed as not pressed. 9. In the result, the appeal filed by the assessee is partly allowed. ITA Nos.638/Hyd/2022 for A.Y. 2019-20 (SARAT GOPAL BOPPANA) 10

TARA CHAND BOPPANA,HYDERABAD vs. ACIT., CENTRAL CIRCLE-2(3), HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

capital gain by applying provisions of Section 50C of the Act are dismissed as not pressed. 9. In the result, the appeal filed by the assessee is partly allowed. ITA Nos.638/Hyd/2022 for A.Y. 2019-20 (SARAT GOPAL BOPPANA) 10

SARAT GOPAL BOPPANA,HYDERABAD vs. ACIT., CENTRAL CIRCLE-2(3), HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

capital gain by applying provisions of Section 50C of the Act are dismissed as not pressed. 9. In the result, the appeal filed by the assessee is partly allowed. ITA Nos.638/Hyd/2022 for A.Y. 2019-20 (SARAT GOPAL BOPPANA) 10

ACIT, CENTRAL CIRCLE-2(3), HYDERABAD vs. KAVYA BOPPANA, HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

capital gain by applying provisions of Section 50C of the Act are dismissed as not pressed. 9. In the result, the appeal filed by the assessee is partly allowed. ITA Nos.638/Hyd/2022 for A.Y. 2019-20 (SARAT GOPAL BOPPANA) 10

SARAT GOPAL BOPPANA,HYDERABAD vs. ACIT., CENTRAL CIRCLE-2(3),, HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

capital gain by applying provisions of Section 50C of the Act are dismissed as not pressed. 9. In the result, the appeal filed by the assessee is partly allowed. ITA Nos.638/Hyd/2022 for A.Y. 2019-20 (SARAT GOPAL BOPPANA) 10

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

10(38) of Page 20 of 33 ITA 707 & 405 of 2020 Subhash Kumar Kedia & Other the I.T. Act, 1961, because the holding period of above shares are more than 12 months and becomes Long- Term Capital Gain which is exempt as per the provisions of section

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

10(38) of Page 20 of 33 ITA 707 & 405 of 2020 Subhash Kumar Kedia & Other the I.T. Act, 1961, because the holding period of above shares are more than 12 months and becomes Long- Term Capital Gain which is exempt as per the provisions of section

DCIT, CENTRAL CIRCLE-2(4), HYDERABAD, HYDERABAD vs. LAXMI GARDENS, HYDERABAD, HYDERABAD

In the result, the appeal of Revenue is dismissed

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

section 115WB; [(42B) "short-term capital gain" means capital gain arising from the transfer of a short-term capital asset ;] 10

NETMATRIX CROP CARE PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE-5(1), HYDERABAD

Bench: Us:

10 Netmatrix Crop Care Pvt. Ltd. (a) if the cost of the long-term specified asset is not less than the capital gain arising from the transfer of the original asset, the whole of such capital gain shall not be charged under section

INCOME TAX OFFICER, WARD-1, CHITTOOR vs. G VIJAYASIMHA REDDY, BENGALURU

In the result, the appeal of Revenue in ITA

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

Section 54F of the Income tax Act, 1961. Hence he admitted the income received from the project as capital gains and claimed exemption u/s 54F. For all the above reasons discussed above the request of the assessee vide his letter dated 11.12 2017 received in this office on 15.12.2017 to consider the receipts from the project as capital gains

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.

10(38) of the I.T. Act, 1961, because the holding period of above shares are more than 12 months and becomes Long-Term Capital Gain which is exempt as per the provisions of section

ISHOO NARANG,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX ,CIRCLE-2(1), HYDERABAD

In the result, appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.319/Hyd/2022 (िनधा"रण वष"/Assessment Year: 2015-16) Ishoo Narang Vs. Dy. C. I. T. Hyderabad Circle 2(1) Pan: Acspn1664K Hyderabad (Appellant) (Respondent) S.A. No.2/Hyd/2024 (Arising Out Of Ita No.319/Hyd/2022) A.Y 2015-16 Ishoo Narang Vs. Dy. C. I. T. Hyderabad Circle 2(1) Pan: Acspn1664K Hyderabad (Appellant) (Respondent)

10. In so far as the computation of capital gain, we find flaws in the Long-Term Capital Gain and Short-Term Capital Gain computed by the Assessing Officer for the simple reason that as observed by the Assessing Officer himself as per section

NADELLA MUNIKANNAIAH ,TIRUPATI vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), TIRUPATI

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

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarassessment Year: 2014-15 N.Dathri L/R Of Late Vs. Acit, Circle-1(1) Nadella Muni Kannaiah Tirupati C/O. Katrapati & Andhra Pradesh Associates 1-1-298/2/B/3, 1St Floor Ashok Nagar,Street No.1 Hyderabad-500 020

10,70,000) as per registered documents 21,90,000 Cost of acquisition as per JDA as adopted by Assessing Officer 17,08,672 4,81,328 4 ITA 444/Hyd/2019 Total short term capital gains 37,20,328 However, the indexation benefit shall be made available to the appellant as per the law. The Assessing Officer is directed to recompute

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 gain shown by assessee was genuine and, consequently liable for exemption under section 10(38) - Held, yes [Para 8]" :- 10

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 gain shown by assessee was genuine and, consequently liable for exemption under section 10(38) - Held, yes [Para 8]" :- 10

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 gain shown by assessee was genuine and, consequently liable for exemption under section 10(38) - Held, yes [Para 8]" :- 10

ANIRUDH VENKATA RAGI ,HYDERABAD vs. INCOME TAX OFFICER, WARD-4(2), HYDERABAD

In the result, appeal of the assessee is dismissed

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

10(38) of the Act and to treat the long term capital gains as income from un-explained source. Assessee contended that he realized the long term capital gains by transfer of capital asset and, therefore, in terms of section