NIMMATOORI SULOCHANA,HYDERABAD vs. ACIT., CENTRAL CIRCLE 2(4), HYDERABAD

In the result, appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

275(1)(c) of the Act, there is a time limit up-to 30.06.2020 for passing the order imposing the penalty. Further, due to on-going Covid, the CBDT has issued various Notification Nos.10/2021, 38/2021 and 74/2021 dated 27.02.2021, 27.04.2021 and 25.06.2021, respectively, in light of Taxation and Other Laws Amendment Act, 2020 [in short “TOLA”] and extended the time

LATE NIMMATOORI RAJA BABU,HYDERABAD vs. ACIT., CENTRAL CIRCLE 2(4), HYDERABAD

In the result, ITA.Nos.596 & 597/Hyd

275(1)(c) of the Act, there is a time\nlimit up-to 30.06.2020 for passing the order imposing the\npenalty. Further, due to on-going Covid, the CBDT has\nissued various Notification Nos.10/2021, 38/2021 and\n74/2021 dated 27.02.2021, 27.04.2021 and 25.06.2021,\nrespectively, in light of Taxation and Other Laws\nAmendment Act, 2020 [in short \"TOLA\"] and extended the\ntime

LATE NIMMATOORI RAJABABU L/R BY ANUDEEP NIMMATOORI,HYDERABAD vs. ACIT., CENTRAL CIRCLE 2(4), HYDERABAD

In the result, appeal ITA

Bench: Shri Manjunatha G & Shri Ravish Sood

275(1)(c) of the Act, there is a time limit up-to 30.06.2020 for passing the order imposing the penalty. Further, due to on-going Covid, the CBDT has issued various Notification Nos.10/2021, 38/2021 and 74/2021 dated 27.02.2021, 27.04.2021 and 25.06.2021, respectively, in light of Taxation and Other Laws Amendment Act, 2020 [in short “TOLA”] and extended the time

NIMMATOORI RAMESH BABU,HYDERABAD vs. ACIT., CENTRAL CIRCLE 2(4), HYDERABAD

In the result, appeal ITA

Bench: Shri Manjunatha G & Shri Ravish Sood

275(1)(c) of the Act, there is a time limit up-to 30.06.2020 for passing the order imposing the penalty. Further, due to on-going Covid, the CBDT has issued various Notification Nos.10/2021, 38/2021 and 74/2021 dated 27.02.2021, 27.04.2021 and 25.06.2021, respectively, in light of Taxation and Other Laws Amendment Act, 2020 [in short “TOLA”] and extended the time

G BHOOPATHI REDDY,HYDERABAD vs. INCOME TAX OFFICER, WARD-13(5), HYDERABAD

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

Bench: Shri B. Ramakotaiah & Shri Challa Nagendra Prasad

1,77,61,100 land owner’s share 88,80,450 Assessee’s share 50% 44,40,275 Less: Indexed cost of acquisition 78,445 --------------- Taxable Long Term Capital Gains 43,61,830 3. Before the Ld.CIT(A) assessee has raised grounds that the capital gains are not taxable in the individual hands, not taxable in the year of assessment

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

c) Hon'ble ITAT Delhi SMC Bench order dt.11.01.2019 in ITA.No.7309/Del/2018 & Ors. in the case of M/s Nitin Agarwal (HUF) & Ors Vs. ITO 11. He submitted that all the receipts cannot be treated as the income of the assessee except when such receipt is falling Page 6 of 82 ITA Nos 132 133 126 134 and 135 Puja Mahesh

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

c) Hon'ble ITAT Delhi SMC Bench order dt.11.01.2019 in ITA.No.7309/Del/2018 & Ors. in the case of M/s Nitin Agarwal (HUF) & Ors Vs. ITO 11. He submitted that all the receipts cannot be treated as the income of the assessee except when such receipt is falling Page 6 of 82 ITA Nos 132 133 126 134 and 135 Puja Mahesh

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

c) Hon'ble ITAT Delhi SMC Bench order dt.11.01.2019 in ITA.No.7309/Del/2018 & Ors. in the case of M/s Nitin Agarwal (HUF) & Ors Vs. ITO 11. He submitted that all the receipts cannot be treated as the income of the assessee except when such receipt is falling Page 6 of 82 ITA Nos 132 133 126 134 and 135 Puja Mahesh

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

c) Hon'ble ITAT Delhi SMC Bench order dt.11.01.2019 in ITA.No.7309/Del/2018 & Ors. in the case of M/s Nitin Agarwal (HUF) & Ors Vs. ITO 11. He submitted that all the receipts cannot be treated as the income of the assessee except when such receipt is falling Page 6 of 82 ITA Nos 132 133 126 134 and 135 Puja Mahesh

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

c) Hon'ble ITAT Delhi SMC Bench order dt.11.01.2019 in ITA.No.7309/Del/2018 & Ors. in the case of M/s Nitin Agarwal (HUF) & Ors Vs. ITO 11. He submitted that all the receipts cannot be treated as the income of the assessee except when such receipt is falling Page 6 of 82 ITA Nos 132 133 126 134 and 135 Puja Mahesh

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

275 to 306 of the paper book). While referring to the said decision of the Kolkata Bench (supra), the Ld AR has drawn our attention to Ground No.6 of that appeal wherein the issue has been captured as under: 8 ITA (TP) 104/Hyd/2022 Sanghi Industries Limited “6. For that on the facts and in the circumstances of the case

DCIT, CIRCLE-2(1), HYDERABAD, HYDERABAD vs. KSK ENERGY COMPANY PRIVATE LIMITED, HYDERABAD, HYDERABAD

In the result, all the appeals of revenue are allowed

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

section 40(b )(iv) of the I. 1. Act. Hence, this ground of appeal of the assessee is rejected.” 10.2 We observe from the financial statements that the assessee company itself is a subsidiary company and it has given advances to its subsidiaries, fellow subsidiaries, ultimate holding company and to others and invested in shares also

DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)., HYDERABAD vs. KSK ENERGY COMPANY PRIVATE LIMITED., HYDERABAD

In the result, all the appeals of revenue are allowed

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

section 40(b )(iv) of the I. 1. Act. Hence, this ground of appeal of the assessee is rejected.” 10.2 We observe from the financial statements that the assessee company itself is a subsidiary company and it has given advances to its subsidiaries, fellow subsidiaries, ultimate holding company and to others and invested in shares also

DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)., HYDERABAD vs. KSK ENERGY COMPANY PRIVATE LIMITED, HYDERABAD

In the result, all the appeals of revenue are allowed

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

section 40(b )(iv) of the I. 1. Act. Hence, this ground of appeal of the assessee is rejected.” 10.2 We observe from the financial statements that the assessee company itself is a subsidiary company and it has given advances to its subsidiaries, fellow subsidiaries, ultimate holding company and to others and invested in shares also

DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)., HYDERABAD vs. KSK ENERGY COMPANY PRIVATE LIMITED, HYDERABAD

In the result, all the appeals of revenue are allowed

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

section 40(b )(iv) of the I. 1. Act. Hence, this ground of appeal of the assessee is rejected.” 10.2 We observe from the financial statements that the assessee company itself is a subsidiary company and it has given advances to its subsidiaries, fellow subsidiaries, ultimate holding company and to others and invested in shares also

SHIV KUMAR MITTAL,HYDERABAD vs. INCOME TAX OFFICER, WARD-8(2), HYDERABAD

In the result, the appeals of both the assessees are allowed

Bench: Smt. P. Madhavi Devi & Shri A. Mohan Alankamonyassessment Year: 2009-10 Shiv Kumar Mittal, Vs. Income-Tax Officer, Hyderabad. Ward – 8(2), Hyderabad. Pan – Acipm 3813 D Appellant Respondent Assessee By: Shri Vikash Modi Revenue By: Smt. V. Aparna Date Of Hearing: 04/06/2019 Date Of Pronouncement: 30/08/2019 O R D E R Per Smt. P. Madhavi Devi, J.M. This Is An Appeal Of The Assessee For The Ay 2009-10 Against The Order Of Cit(A) – 8, Hyderabad, Dated, 16/02/2018. 2. Brief Facts Of The Case Are That The Assessee, An Individual, Had Sold A Property Situated At Kondapur Grampanchayat, Serilingampally Mandal, Rr District Vide Sale Deed No. 4100/2008 Dated 5Th June, 2008 For A Consideration Of Rs. 15,48,000/-, Whereas The Guideline Value Of The Property As Adopted By The Stamp Valuation Authority Was Rs. 50,56,000/-. Since The Assessee Did Not Offer Any Capital Gains On This Transaction To Tax, Ao Initiated Proceedings U/S 147 Of The Act By Issuing A Notice U/S 148 On 24/03/2016, Which Was Served On The Assessee By Way Of Affixture At The Last Known Address & Thereafter Notice U/S 142(1) Was Also Issued On 09/05/2016. Since There Was No Reply From The Assessee, A 2 I.T.A. No. 633/Hyd/18 Shiv Kumar Mittal, Hyd..

capital gains and brought the same to tax. 3. Aggrieved, the assessee preferred an appeal before the CIT(A), who confirmed the order of AO as far as service of notice u/s 148 is concerned. However, he granted partial relief by directing the AO to compute the LTCG by reducing the cost of acquisition along with indexation. Thus, the assessee

SABIR, SEW & PRASAD JV,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-6(1), HYDERABAD

In the result, all the appeals of the assessee are allowed

275 ITR (Statute)\n70. In the said circular, issued in connection with 80IA (4) of the Act, it is\nclarified that the benefit of deduction is available to an enterprise which\nis in the business of undertaking the projects either by way of Build,\nOperate and Transfer (BOT) or Build, Own, Operate and Transfer (BOOT).\n\n7.10 Further, one more

SANJAY GUPTA ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-3(1), HYDERABAD

In the result, appeal of the assessee is partly allowed for statistical purposes as indicated herein above

Bench: Shri A. Mohan Alankamony & Sri S.S. Godaraa.Y. 2012-13 Sanjay Gupta, Vs. Dcit, Hyderabad. Circle-3(1), Pan: Acgpg 3696 N Hyderabad. (Appellant) (Respondent) Assessee By Sri A.V. Raghuram Revenue By Sri Y.V.S.T. Sai, Cit-Dr Date Of Hearing: 30/09/2021 Date Of Pronouncement: 14/12/2021 Order

Section 149 of Income Tax Act, 1961. Hence the appellant's contention on this ground does not merit and hence dismissed. In the context, on the issue of change of opinion which the appellant had contended, it is pertinent to refer to the facts and circumstances as brought out by the Assessing Officer for the reopening of the assessment

SABIR , SEW & PRASAD JV,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-6(1), HYDERABAD

In the result, all the appeals of the assessee are allowed

275 ITR (Statute)\n70. In the said circular, issued in connection with 801A (4) of the Act, it is\nclarified that the benefit of deduction is available to an enterprise which\nis in the business of undertaking the projects either by way of Build,\nOperate and Transfer (BOT) or Build, Own, Operate and Transfer (BOOT).\n7.10 Further, one more circular