MARRI EDUCATIONAL SOCIETY,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(1), HYDERABAD

In the result, the appeal filed by the assessee in ITA

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

capitation fees, failed to maintain proper books of accounts, and misrepresented actual fee collections and as such, these violations indicate significant non-compliance with the provisions of the Act. Therefore, the learned CIT-DR submitted that, the learned PCIT, Central, after taking into cognizance the findings of the search and post search enquiries, rightly noted that, there are specified violations

MARUTHI EDUCATIONAL SOCIETY,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(1), HYDERABAD

In the result, the appeal filed by the assessee in ITA

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

capitation fees, failed to maintain proper books of accounts, and misrepresented actual fee collections and as such, these violations indicate significant non-compliance with the provisions of the Act. Therefore, the learned CIT-DR submitted that, the learned PCIT, Central, after taking into cognizance the findings of the search and post search enquiries, rightly noted that, there are specified violations

MALLA REDDY EDUCATIONAL SOCIETY,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(1), HYDERABAD

In the result, the appeal filed by the assessee in ITA

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

capitation fees, failed to maintain proper books of accounts, and misrepresented actual fee collections and as such, these violations indicate significant non-compliance with the provisions of the Act. Therefore, the learned CIT-DR submitted that, the learned PCIT, Central, after taking into cognizance the findings of the search and post search enquiries, rightly noted that, there are specified violations

MALLA REDDY EDUCATIONAL SOCIETY,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(1), HYDERABAD

In the result, the appeal filed by the assessee in ITA

capitation fees, failed to maintain proper books of accounts, and misrepresented actual fee collections and as such, these violations indicate significant non-compliance with the provisions of the Act. Therefore, the learned CIT-DR submitted that, the learned PCIT, Central, after taking into cognizance the findings of the search and post search enquiries, rightly noted that, there are specified violations

K M R EDUCATIONAL SOCIETY,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(1), HYDERABAD

In the result, the appeal filed by the assessee in ITA

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

capitation fees, failed to maintain proper books of accounts, and misrepresented actual fee collections and as such, these violations indicate significant non-compliance with the provisions of the Act. Therefore, the learned CIT-DR submitted that, the learned PCIT, Central, after taking into cognizance the findings of the search and post search enquiries, rightly noted that, there are specified violations

K M R EDUCATIONAL SOCIETY,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(1), HYDERABAD

In the result, the appeal filed by the assessee in ITA

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

capitation fees, failed to maintain proper books of accounts, and misrepresented actual fee collections and as such, these violations indicate significant non-compliance with the provisions of the Act. Therefore, the learned CIT-DR submitted that, the learned PCIT, Central, after taking into cognizance the findings of the search and post search enquiries, rightly noted that, there are specified violations

CMR EDUCATIONAL SOCIETY,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(1), HYDERABAD

In the result, the appeal filed by the assessee in ITA

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

capitation fee) collected, over and above the prescribed fee by the college in the form of cash was never brought into the books of account of the appellant society. The Ld. PCIT (Central) further observed that the appellant society did not maintain proper books of account and no books of account were found at the registered address of the appellant

CHANDRAMMA EDUCATIONAL SOCIETY,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(1), HYDERABAD

In the result, the appeal filed by the assessee in ITA

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

capitation fee) collected, over and above the prescribed fee by the college in the form of cash was never brought into the books of account of the appellant society. The Ld. PCIT (Central) further observed that the appellant society did not maintain proper books of account and no books of account were found at the registered address of the appellant

CHANDRAMMA EDUCATIONAL SOCIETY,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(1), HYDERABAD

In the result, the appeal filed by the assessee in ITA

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

capitation fee) collected, over and above the prescribed fee by the college in the form of cash was never brought into the books of account of the appellant society. The Ld. PCIT (Central) further observed that the appellant society did not maintain proper books of account and no books of account were found at the registered address of the appellant

CMR EDUCATIONAL SOCIETY,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(1), HYDERABAD

In the result, the appeal filed by the assessee in ITA

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

capitation fee) collected, over and above the prescribed fee by the college in the form of cash was never brought into the books of account of the appellant society. The Ld. PCIT (Central) further observed that the appellant society did not maintain proper books of account and no books of account were found at the registered address of the appellant

CMR ENGINEERING EDUCATIONAL SOCIETY,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(1), HYDERABAD

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

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

12A is granted by Hon'ble Commissioner of Income Tax (Exemption) hence Ld. PCIT(Central) has no jurisdiction to cancel the registration. 20. That on facts and in law, the Ld. PCIT failed to appreciate that the power to cancel registration under Section 12AB(4) of the Act is vested exclusively with the Principal Commissioner/Commissioner of Income Tax (Exemption) vide

NETENRICH TECHNOLOGIES PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE - 5(1), HYDERABAD

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

Bench: SHRI MANJUNATHA G. (Accountant Member), SHRI K.NARASIMHA CHARY (Judicial Member)

12A is granted by Hon'ble Commissioner of Income Tax (Exemption) hence Ld. PCIT(Central) has no jurisdiction to cancel the registration. 20. That on facts and in law, the Ld. PCIT failed to appreciate that the power to cancel registration under Section 12AB(4) of the Act is vested exclusively with the Principal Commissioner/Commissioner of Income Tax (Exemption) vide

MARRI EDUCATIONAL SOCIETY,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(1), HYDERABAD

capitation fees, failed to maintain proper books of accounts, and misrepresented actual fee collections and as such, these violations indicate significant non-compliance with the provisions of the Act. Therefore, the learned CIT-DR submitted that, the learned PCIT, Central, after taking into cognizance the findings of the search and post search enquiries, rightly noted that, there are specified violations

DCIT, CIRCLE-1(1), HYDERABAD, HYDERABAD vs. PRAKASH NIMMAGADDA, HYDERABAD, SECUNDERABAD

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita No.974/Hyd/2017 (िनधा"रण वष"/Assessment Year: 2008-09) Dy.Cit Vs. Shri Prakash Nimmagadda Circle 1(1) Hyderabad Hyderabad Pan:Acbpn4246R (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.C. Devdas, Ca राज" व "ारा/Revenue By:: Dr. Meghnath Chowhan, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 06/11/2024 घोषणा की तारीख/Pronouncement: 16/12/2024 आदेश/Order Per Vijay Pal Raothis Appeal Filed By The Revenue Is Directed Against The Order, Dated 20/03/2017 Of The Learned Cit (A)-9, Hyderabad, Relating To A.Y.2008-09. 2. The Revenue Has Raised The Following Grounds:

gains of business and profession. Clause (iv) of section 28 refers to the benefit or perquisites arising from business or exercise of profession. Therefore, the benefit from business or exercise of profession is an essential condition for bringing the said benefit in the ambit of section 28 of the I.T. Act, 1961. The investment in the shares of a company

ACIT, CENTRAL CIRCLE-3(1), HYDERABAD vs. SRI CHAITANYA EDUCATIONAL COMMITTE, VIJAYAWADA

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

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

capital gains and income from other sources. In the instant case considering the activity of the assessee the other income which has to be taxed at normal rates has to be computed under the head 'profits and gains of business or profession' as the activity of the assessee is akin to that of commercial activity having the characteristics of business

DY. COMMISSIONER OF INCOME TAX , CIRCLE-3(1), HYDERABAD vs. MALAYADRI LAXMI NARASIMHAM MULLAPATI, HYDERABAD

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

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

capital gain shall be dealt with in accordance with the following provisions of this section, that is to say……. It is submitted that the word any has been defined by P.Ramanatha Iyers, the Law of Lexicon 2nd edition as the word any may have one of several meanings according to the circumstances, it may mean "all", "each", "every", "some

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

b) the provisions of this section shall, as far as may be, apply to the amalgamated or the resulting company as they would have applied to the amalgamating or the demerged company if the amalgamation or demerger had not taken place. (12A) Nothing contained in sub-section (12) shall apply to any enterprise or undertaking which is transferred

CANARA SECURITIES LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2(1), HYDERABAD

In the result, appeal of the assessee is partly allowed

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmanassessment Year: 2010-11 Canara Securities Ltd., Vs. Dy. Commissioner Of Hydereabad. Income-Tax, Central Circle – 2(1), Pan – Aaacc8283G Hyderabad. Appellant Respondent Assessee By: Shri Ramkishore Jhawar Revenue By: Shri Nilanjan Dey Date Of Hearing: 08/05/2019 Date Of Pronouncement: 03/07/2019 O R D E R

B', HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER Assessment Year: 2010-11 Canara Securities Ltd., vs. Dy. Commissioner of Hydereabad. Income-tax, Central Circle – 2(1), PAN – AAACC8283G Hyderabad. Appellant Respondent Assessee by: Shri Ramkishore Jhawar Revenue by: Shri Nilanjan Dey Date of hearing: 08/05/2019 Date of pronouncement: 03/07/2019