K GOPAL RAJ, HYD,HYDERABAD vs. DCIT, CEN.CIRCLE-1(3), HYD, HYDERABAD

In the result, appeal of the assessee in ITA No

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

section and thus ought to have clearly held that no income accrued to the assessee in the AY. 2009-10. 10. The learned (CIT(A) ought to have clearly held that the DClT erred in coming to a suo motto conclusion without accosting the assessee with the website information of M/s. Legend Estates Pvt. Ltd. to come to a conclusion

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.

section and thus ought to have clearly held that no income accrued to the assessee in the AY. 2009-10. 10. The learned (CIT(A) ought to have clearly held that the DClT erred in coming to a suo motto conclusion without accosting the assessee with the website information of M/s. Legend Estates Pvt. Ltd. to come to a conclusion

RAMA RAO GOTTUMUKKALA, HYD,HYDERABAD vs. ITO, WARD-11(3), HYD, HYDERABAD

Bench: Smt. P. Madhavi Devi & Shri B. Ramakotaiah

capital gains disregarding the settled law that under the I.T. Act real income and not merely hypothetical income is taxable. 6. The learned CIT(A) erred in dismissing the ground of appeal relating to charging of interest u/s 234B overlooking the fact that the AO charged interest u/s 234B without applying the provisions of section

KONDAL RAO KURMYAGARI, HYD,HYDERABAD vs. ITO, WARD-11(5), HYD, HYDERABAD

Bench: Smt. P. Madhavi Devi & Shri B. Ramakotaiah

capital gains disregarding the settled law that under the I.T. Act real income and not merely hypothetical income is taxable. 6. The learned CIT(A) erred in dismissing the ground of appeal relating to charging of interest u/s 234B overlooking the fact that the AO charged interest u/s 234B without applying the provisions of section

JILLELA DASARATHA REDDY, REP BY GPA HOLDER, J PEDDA VENKATA REDDY , HYDERABAD ,HYDERABAD vs. ITO, WARD-11(5), HYDERABAD, HYDERABAD

In the result, this appeal is allowed for statistical purposes

Bench: Smt. P. Madhavi Devi & Shri B. Ramakotaiah

section 45 (1), this change in statute strengthens the argument that what is relevant is the 'Real Income' that has accrued to the assessee which can only be ascertained when the certificate of construction is obtained by the developer from the competent authority after the completion of the project and not some hypothetical income. We were informed that assessees’ have

R. SUBBA LAXMI, HYDERABAD,HYDERABAD vs. ITO, WARD-11(5), HYDERABAD, HYDERABAD

In the result, this appeal is allowed for statistical purposes

Bench: Smt. P. Madhavi Devi & Shri B. Ramakotaiah

section 45 (1), this change in statute strengthens the argument that what is relevant is the 'Real Income' that has accrued to the assessee which can only be ascertained when the certificate of construction is obtained by the developer from the competent authority after the completion of the project and not some hypothetical income. We were informed that assessees’ have

M.S. LAKSHMI BAI, HYDERABAD,HYDERABAD vs. CIT (EXEMPTIONS), HYDERABAD, HYDERABAD

In the result, this appeal is allowed for statistical purposes

Bench: Smt. P. Madhavi Devi & Shri B. Ramakotaiah

section 45 (1), this change in statute strengthens the argument that what is relevant is the 'Real Income' that has accrued to the assessee which can only be ascertained when the certificate of construction is obtained by the developer from the competent authority after the completion of the project and not some hypothetical income. We were informed that assessees’ have

KHAMBHAMPATI JAYALAKSHMI, HYD,HYDERABAD vs. ITO, WARD-11(5), HYDERABAD, HYDERABAD

In the result, this appeal is allowed for statistical purposes

Bench: Smt. P. Madhavi Devi & Shri B. Ramakotaiah

section 45 (1), this change in statute strengthens the argument that what is relevant is the 'Real Income' that has accrued to the assessee which can only be ascertained when the certificate of construction is obtained by the developer from the competent authority after the completion of the project and not some hypothetical income. We were informed that assessees’ have

VISWANATHA REDDY POTHAM, HYDERABAD,HYDERABAD vs. ITO, WARD-11(5), HYDERABAD, HYDERABAD

In the result, this appeal is allowed for statistical purposes

Bench: Smt. P. Madhavi Devi & Shri B. Ramakotaiah

section 45 (1), this change in statute strengthens the argument that what is relevant is the 'Real Income' that has accrued to the assessee which can only be ascertained when the certificate of construction is obtained by the developer from the competent authority after the completion of the project and not some hypothetical income. We were informed that assessees’ have

ORBIS REAL ESTATE FUND I,HYDERABAD (AUTH. REP.) vs. ADIT (INTERNATIONAL TAXATION)-2 - 2, HYDERABAD

In the result, the appeal of the assessee is partly allowed

Bench: Shri Ravish Sood & Shri Madhusudan Sawdia

Capital Gains. (9) Without prejudice to the above grounds, Ld. AO has erred in not giving the indexation benefits provided for sale of immoveable property u/s 48 of the Income tax Act, 1961. (10) Without prejudice to the above grounds, Ld. AO has charged interest under section 234B

PUJALA MAHESH BABU ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), HYDERABAD

In the result, all the four appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

Bench: Shri R.K. Panda & Shri K. Narasimha Charyappeal In Ita No Assessee Revenue A.Y 132/Hyd/2018 Shri Pujala Mahesh A.C.I.T. Central 2012-13 Babu, Hyderabad Circle-2(3) Hyderabad Pan:Aeppp5729L 133/Hyd/2019 -Do- -Do- 2013-14 134/Hyd/2019 -Do- -Do- 2014-15 135/Hyd/2019 -Do- -Do- 2015-16 126/Hyd/2019 A.C.I.T. Central Shri Pujala Mahesh 2013-14 Circle-2(3) Babu, Hyderabad Hyderabad Pan:Aeppp5729L Assessee By: Shri S. Rama Rao, Advocate Revenue By: Shri Solgy Jose T. Kottaram,Dr

capital gain addition of Rs.1,52,25,705/-. 10 The learned Commissioner of Income-Tax (Appeals) erred in confirming levy of interest u/s 234A(3) and 234B(3) of the I.T. Act. 11. Any other ground that may be urged at the time of hearing”. ITA No.126/Hyd/2019 – A.Y 2013-14 (Revenue) A.Y 2013-14 31. The ground raised

PUJALA MAHESH BABU ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), HYDERABAD

In the result, all the four appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

Bench: Shri R.K. Panda & Shri K. Narasimha Charyappeal In Ita No Assessee Revenue A.Y 132/Hyd/2018 Shri Pujala Mahesh A.C.I.T. Central 2012-13 Babu, Hyderabad Circle-2(3) Hyderabad Pan:Aeppp5729L 133/Hyd/2019 -Do- -Do- 2013-14 134/Hyd/2019 -Do- -Do- 2014-15 135/Hyd/2019 -Do- -Do- 2015-16 126/Hyd/2019 A.C.I.T. Central Shri Pujala Mahesh 2013-14 Circle-2(3) Babu, Hyderabad Hyderabad Pan:Aeppp5729L Assessee By: Shri S. Rama Rao, Advocate Revenue By: Shri Solgy Jose T. Kottaram,Dr

capital gain addition of Rs.1,52,25,705/-. 10 The learned Commissioner of Income-Tax (Appeals) erred in confirming levy of interest u/s 234A(3) and 234B(3) of the I.T. Act. 11. Any other ground that may be urged at the time of hearing”. ITA No.126/Hyd/2019 – A.Y 2013-14 (Revenue) A.Y 2013-14 31. The ground raised

PUJALA MAHESH BABU,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), HYDERABAD

In the result, all the four appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

Bench: Shri R.K. Panda & Shri K. Narasimha Charyappeal In Ita No Assessee Revenue A.Y 132/Hyd/2018 Shri Pujala Mahesh A.C.I.T. Central 2012-13 Babu, Hyderabad Circle-2(3) Hyderabad Pan:Aeppp5729L 133/Hyd/2019 -Do- -Do- 2013-14 134/Hyd/2019 -Do- -Do- 2014-15 135/Hyd/2019 -Do- -Do- 2015-16 126/Hyd/2019 A.C.I.T. Central Shri Pujala Mahesh 2013-14 Circle-2(3) Babu, Hyderabad Hyderabad Pan:Aeppp5729L Assessee By: Shri S. Rama Rao, Advocate Revenue By: Shri Solgy Jose T. Kottaram,Dr

capital gain addition of Rs.1,52,25,705/-. 10 The learned Commissioner of Income-Tax (Appeals) erred in confirming levy of interest u/s 234A(3) and 234B(3) of the I.T. Act. 11. Any other ground that may be urged at the time of hearing”. ITA No.126/Hyd/2019 – A.Y 2013-14 (Revenue) A.Y 2013-14 31. The ground raised

PUJALA MAHESH BABU,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), HYDERABAD

In the result, all the four appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

Bench: Shri R.K. Panda & Shri K. Narasimha Charyappeal In Ita No Assessee Revenue A.Y 132/Hyd/2018 Shri Pujala Mahesh A.C.I.T. Central 2012-13 Babu, Hyderabad Circle-2(3) Hyderabad Pan:Aeppp5729L 133/Hyd/2019 -Do- -Do- 2013-14 134/Hyd/2019 -Do- -Do- 2014-15 135/Hyd/2019 -Do- -Do- 2015-16 126/Hyd/2019 A.C.I.T. Central Shri Pujala Mahesh 2013-14 Circle-2(3) Babu, Hyderabad Hyderabad Pan:Aeppp5729L Assessee By: Shri S. Rama Rao, Advocate Revenue By: Shri Solgy Jose T. Kottaram,Dr

capital gain addition of Rs.1,52,25,705/-. 10 The learned Commissioner of Income-Tax (Appeals) erred in confirming levy of interest u/s 234A(3) and 234B(3) of the I.T. Act. 11. Any other ground that may be urged at the time of hearing”. ITA No.126/Hyd/2019 – A.Y 2013-14 (Revenue) A.Y 2013-14 31. The ground raised

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), HYDERABAD vs. PUJALA MAHESH BABU , RANGA REDDY

In the result, all the four appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

Bench: Shri R.K. Panda & Shri K. Narasimha Charyappeal In Ita No Assessee Revenue A.Y 132/Hyd/2018 Shri Pujala Mahesh A.C.I.T. Central 2012-13 Babu, Hyderabad Circle-2(3) Hyderabad Pan:Aeppp5729L 133/Hyd/2019 -Do- -Do- 2013-14 134/Hyd/2019 -Do- -Do- 2014-15 135/Hyd/2019 -Do- -Do- 2015-16 126/Hyd/2019 A.C.I.T. Central Shri Pujala Mahesh 2013-14 Circle-2(3) Babu, Hyderabad Hyderabad Pan:Aeppp5729L Assessee By: Shri S. Rama Rao, Advocate Revenue By: Shri Solgy Jose T. Kottaram,Dr

capital gain addition of Rs.1,52,25,705/-. 10 The learned Commissioner of Income-Tax (Appeals) erred in confirming levy of interest u/s 234A(3) and 234B(3) of the I.T. Act. 11. Any other ground that may be urged at the time of hearing”. ITA No.126/Hyd/2019 – A.Y 2013-14 (Revenue) A.Y 2013-14 31. The ground raised

JT. COMMISSIONER OF INCOME TAX(OSD), CENTRAL CIRCLE-1(2), HYDERABAD vs. NANCY DIVAKER HOSPITAL & RESEARCH CENTRE PRIVATE LIMITED, HYDERABAD

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

234B. 6. Any other ground that may be urged at the time of hearing with the permission of the learned Commissioner of Income tax (A)-11." 4. During the appellate proceedings Sri. P. Samba Murthy, CA appeared and filed written submissions. Though the appellant has raised as many as 6 grounds, there is only one issue i.e addition of Rs.11

JT. COMMISSIONER OF INCOME TAX(OSD), CENTRAL CIRCLE-1(2), HYDERABAD vs. NANCY DIVAKER HOSPITAL & RESEARCH CENTRE PRIVATE LIMITED, SECUNDERABAD

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

234B. 6. Any other ground that may be urged at the time of hearing with the permission of the learned Commissioner of Income tax (A)-11." 4. During the appellate proceedings Sri. P. Samba Murthy, CA appeared and filed written submissions. Though the appellant has raised as many as 6 grounds, there is only one issue i.e addition of Rs.11

ACIT, CIRCLE-5(1), HYDERABAD vs. USHODAYA ENTERPRISES PRIVATE LIMITED, HYDERABAD

capital gains tax: It is an undisputed position that respondent assessee is an investment company and had invested by purchasing a substantial number of shares and thereby securing right to management. Possibility of sale of shares by private placement etc. cannot be ruled out and is not all improbability. Dividend may or may not be declared. Dividend is declared