VISHAN RAJ JAIN (HUF),HYDERABAD vs. ACIT CENTRAL CIRCLE-1 (2), HYDERABAD

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

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarassessment Year: 2016-17 Vishan Raj Jain (Huf) Vs. Acit, Central Circle-1(2) 6-3-650, G7 6-3-650, G7, Aaykar Bhawan Maheswari Chambers Opp:L.B.Stadium Somajiguda Basheer Bagh Telangana-500 082 Hyderabad-500 004

gain arising from sale of shares as unexplained cash credit. Further kind attention is invited to Hon'ble Apex court decision in 273 ITR Page 1 in D.P.Sandhu Brothers has held that " .... But because we have held that Section 45 cannot be applied, it is not open to the Department to impose tax on such capital receipt by the assessee

ALLAM ADAVAIAH ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-15(1), HYDERABAD

In the result, the appeal of the assessee is dismissed

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

254 of the I.T.Act on 23-12¬2016 rejecting the claim of the appellant and taxing the capital gain in the A.Y.2004-05. The Assessing Officer taxed the capital gains on the ground that the sale of the property actually took place in the previous year 2003-04 relevant to asst. year 2004-05 and rejected the oral agreement claiming

ASST. COMMISSIONER OF INCOME TAX, CIRCLE-10(1), HYDERABAD vs. VERTEX PROJECTS LLP (FORMERLY M/S VERTEX PROJECTS LTD) , HYDERABAD

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

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarassessment Year: 2014-15 Acit,Circle-10(1) Vs. Vertex Projects Llp Room No.515, 5Th Floor, (Formerly M/S.Vertex A-Block, I.T.Towers, Projects Ltd.) A.C.Guards, #156-159, Paigah House Hyderabad. S.P.Road, Next To Pg College. Secunderabad-500 026. Pan : Aanfv0232C (Appellant) (Respondent) Assessee By: Shri Sriram Seshadri, Ca Revenue By: Shri Rajendra Kumar,Cit-Dr Date Of Hearing: 15.03.2023 Date Of Pronouncement: 28.04.2023 O R D E R Per Shri Laliet Kumar, J.M. This Is An Appeal Filed By The Revenue, Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-5, Dated 16.03.2018 For The Ay 2014-15, On The Following Grounds :

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

SAHODHAR REDDY MUDDASANI,HYDERABAD vs. DCIT, CENTRAL CIRCLE-1(3), HYDERABAD

In the result, appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1619/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Shri Sahodhar Reddy Vs. Dy.Cit Muddasani Central Circle 1(3) Hyderabad Hyderabad Pan:Aelpm9122N (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Ca Shri C Maheshwar Reddy राज" व "ारा/Revenue By: Shri Sankar Pandi P, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 06/01/2026 घोषणा की तारीख/Pronouncement: 16/01/2026 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Sahodhar Reddy Muddasani (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”) Dated 24.09.2025 For The A.Y. 2016-17. 2. The Assessee Has Raised The Following Grounds Of Appeal:

capital gain of Rs.3,65,904/- and added the same to the income of the assessee. The assessment was completed by the Ld. AO under section 153A of the Act vide order dated 26.04.2021, determining the total income of the assessee at Rs.9,51,254

PUSA NANDA KUMAR,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE3-(1), HYDERABAD

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

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.154/Hyd/2021 (िनधा"रण वष"/Assessment Year 2007-2008) Sri Pusa Nanda Kumar, The Dcit, Hyderabad - 500001. Central Circle-3(1), Vs. Hyderabad – 500 004. Pan Acupp6100E (Appellant) (Respondent) िनधा"रती "ारा /Assessee By: Ca P Murali Mohan Rao राज" व "ारा /Revenue By: Ms U Mini Chandran, Cit-Dr

section 50C of the IT Act, and calculate income from capital gains. In response, the assessee has stated as under: "The land of Acres 5.27 guntas sold to M/s V.K. Projects Pvt. Ltd. was situated in the TL (Full Tank Level), Government treated water Body at Durgomcheruvu, Madhapur. 14 ITA.No.154/Hyd./2021 This was not noticed

SURENDER KUMAR BHOJWANI,HYDERABAD vs. ITO, INTL. TAXTION -1, HYDERABAD

In the result, the appeal filed by the assessee is allowed for statistical purposes in terms of our aforesaid observations

capital gains. Thus, in our considered view the AO rightly allowed deduction u/s 54F of the 1961 Act to the assessee vide assessment order dated 20.10.2015 passed u/s 143(3) by the AO and to that extent the said assessment order cannot be termed as perverse or erroneous so far so it is prejudicial to the interest of Revenue calling

KRISHNA KISHORE REDDY MANYAM ,HYDERABAD vs. INCOME TAX OFFICER, WARD-6(4) , HYDERABAD

In the result, the appeal filed by the assessee is partly allowed\nfor statistical purposes in terms of our aforesaid observations

Gain\n(LTCG). Elaborating on his contention, the Ld. AR submitted that\nas Village: Manchirevula falls within Rajendranagar Revenue\nMandal, therefore, it could not have been taken as a part and\nparcel of Hyderabad Municipal Corporation. The Ld. AR submitted\nthat \"Rajendranagar” is also one of the Municipal Corporation.\nElaborating further on his contention, the Ld. AR submitted that

MIRYALA EXPORTS AND IMPORTS P LTD,HYDERABAD vs. INCOME TAX OFFICER, WARD-16(3), HYDERABAD

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

Bench: Shri Manjunatha, G.आ.अपी.सं /Ita No. 413/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2011-12) Miryala Exports & Vs. Income Tax Officer Imports (P) Ltd Ward 16(3) Hyderabad Hyderabad Pan:Aaccm9283E (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Smt. Helen Ruby Jesindha,Dr सुनवाई की तारीख/Date Of Hearing: 27/05/2024 घोषणा की तारीख/Pronouncement: 27/05/2024 आदेश/Order

section Page 2 of 7 ITA No 413 of 2024 Miryala Exports and Imports P Ltd 50C of the I.T. Act, 1961 considered assessee’s share at 1/7th of the total consideration and computed the Long-Term Capital Gain of Rs.7,14,286/-. 4. The assessee carried the matter in appeal before the learned CIT (A) but could not succeed

BRIGHTCOM GROUP LIMITED (FORMERLY KNOWN AS LYCOS INTERNET LIMITED),HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-16(1),, HYDERABAD

In the result, the appeal filed by the assessee is allowed in terms of our observations given hereinabove

capital adjustment itself takes the impact of outstanding receivable on profitability. Accordingly no separate adjustment is warranted on outstanding receivables. 7. The Ld. AO/DRP ought to have appreciated the fact that no separate adjustment on receivables is to be made, when the principle transaction is considered to be at arm's length. 8. Without prejudice, the TPO/DRP ought to have

OCEAN SPARKLE LIMITED,HYDERABAD vs. DCIT., CIRCLE 5(1), HYDERABAD

In the result, appeal of the assessee is dismissed

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

254 (SC), observed that, gain or loss on 6 ITA.No.1030/Hyd./2024 forex monitory items as on the balance date, should be accounted at the prevailing exchange rate and any difference in liability should be recognised as income or expenses in terms of AS-11 issued by the ICAI. The learned CIT(A) took support from the decision of ITAT

KAKINADA INFRASTRUCTURE HOLDINGS PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE-2(1), HYDERABAD

capital gains of Rs.373 crores\non account of sale of shares of Kakinada Seaports Limited to\nM/s. Auro Infra Private Limited. Since, this was the income\noffered by the assessee and accepted by the Assessing Officer\nand therefore, there was no question of dispute on this point\nat the stage of assessment order as well as appellate order\npassed

ANAND BODDAPATY,HYDERABAD vs. DCIT., CIRCLE-5(1), HYDERABAD

In the result, appeal of the Assessee is dismissed

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

section 53A of the Transfer of Property Act, 1882. He accordingly, submitted that, the order of the Assessing 6 ITA.No.375/Hyd./2025 Officer allowing exemption u/sec.54F of the Act is in accordance with law and requested the PCIT to drop the proposal for invoking provisions of sec.263 of the Act. The learned PCIT considering the facts and circumstances

MADHUSUDHAN JAJU,HYDERABAD vs. INCOME TAX OFFICER, WARD-1, SANGAREDDY

In the result, the C.O. of the Revenue is allowed for statistical\npurposes

254 days, for\nwhich they have filed one combined condonation petition in the form\nof Affidavit.\nLearned Department Representative (“Ld. DR\")\nsubmitted that, during the relevant period of delay of the C.O., there\nwas transfer of the Ld. AO, nomination of the Ld. AO for election\nduty and there were time barring assessment, penalty cases, reopening\nof assessment

ITO, WARD-5(3),, HYDERABAD vs. SHRI KRISHNA KUMAR D SHAH, HUF, HYDERABAD

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

capital gains on transfer of property by virtue of deemed transfer u/s 2(47)(v) of the Act. Accordingly, a show cause notice was issued dt.23.11.2009 calling for assessees’ objections. After receiving the response from the assessee, AO had completed the assessment u/s 143(3) r.w.s. 153A against the assessee HUF for the aforesaid years. 5.1. Thereafter, assessee HUF filed

ITO, WARD-5(3),, HYDERABAD vs. SHRI BRIJ GOPAL P SHAH, HUF,, HYDERABAD

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

capital gains on transfer of property by virtue of deemed transfer u/s 2(47)(v) of the Act. Accordingly, a show cause notice was issued dt.23.11.2009 calling for assessees’ objections. After receiving the response from the assessee, AO had completed the assessment u/s 143(3) r.w.s. 153A against the assessee HUF for the aforesaid years. 5.1. Thereafter, assessee HUF filed

ALLCARGO GATI LIMITED(FORMALLY KNOWN AS GATI LIMITED),HYDERABAD vs. ITO, WARD-2(2), HYD, HYDERABAD

In the result, the appeal of assessee in ITA

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

254 is allowable under section 37(1) of the IT Act and not u/s. 36(1)(iii) of the IT Act. 13. The appellant contends that the disallowance of the proportionate premium of Rs.54,25,585 towards amounts utilized aggregating to Rs.9.50 crores for paying advance under agreement for purchasing land admeasuring 10579 Sq. Yds at Sanant Nagar, Hyderabad

ALLCARGO GATI LIMITED(FORMALLY KNOWN AS GATI LIMITED),HYDERABAD vs. ACIT,CIRCLE-2(2) HYDERABAD, HYDERABAD

In the result, the appeal of assessee in ITA

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

254 is allowable under section 37(1) of the IT Act and not u/s. 36(1)(iii) of the IT Act. 13. The appellant contends that the disallowance of the proportionate premium of Rs.54,25,585 towards amounts utilized aggregating to Rs.9.50 crores for paying advance under agreement for purchasing land admeasuring 10579 Sq. Yds at Sanant Nagar, Hyderabad

SRINIVAS UPPU,SECUNDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-1(2), HYDERABAD

In the result, all the four appeals filed by the assessee as well as the only appeal filed by the Revenue are allowed for statistical purposes

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

gain saying that while this power could be exercised by the Appellate Tribunal suo motu the jurisdiction vested in the Tribunal could be got invoked at the instance of one of the parties before it. 10. Before proceeding further let us examine the nature of the documents available at pages 2 to 7 which are sought to be admitted

SRINIVAS UPPU ,SECUNDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-1(2), HYDERABAD

In the result, all the four appeals filed by the assessee as well as the only appeal filed by the Revenue are allowed for statistical purposes

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

gain saying that while this power could be exercised by the Appellate Tribunal suo motu the jurisdiction vested in the Tribunal could be got invoked at the instance of one of the parties before it. 10. Before proceeding further let us examine the nature of the documents available at pages 2 to 7 which are sought to be admitted