BA CONTINUUM INDIA PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE-1(1), HYDERABAD

Bench: SHRI RAVISH SOOD, HON'BLE (Judicial Member), SHRI MADHUSUDAN SAWDIA HON'BLE (Accountant Member)

Depreciation adjustment 14. Without prejudice to argument in Ground 6, the expenses disallowed under 40(a) (i) of the Act should also be excluded from the cost base of the Appellant while computing the operating margin and transfer pricing adjustment.” 2. Also, the assessee company has raised the following additional ground of appeal, which reads as under: “Ground No.15

NUNHEMS INDIA PRIVATE LIMITED,,HYDERABAD vs. ASST.CIT,CIRCLE 16(1),,

In the result, the assessee’s appeal for the A

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

depreciation. Aggrieved by the order of the CIT(A), the assessee is in second appeal before us. 6. As regards ground No. 1, the Ld. Counsel for the assessee reiterated the submissions made before the authorities below and submitted that the expenditure incurred by the Assessee on the leasehold premises to make it fit for its working is revenue

NUNHEMS INDIA PRIVATE LIMITED,R.R.DIST vs. JCIT, RANGE 16, HYDERABAD

In the result, the assessee’s appeal for the A

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

depreciation. Aggrieved by the order of the CIT(A), the assessee is in second appeal before us. 6. As regards ground No. 1, the Ld. Counsel for the assessee reiterated the submissions made before the authorities below and submitted that the expenditure incurred by the Assessee on the leasehold premises to make it fit for its working is revenue

NUNHEMS INDIA PVT.LTD.,,R.R.DIST vs. ADDL.CIT, RANGE-16, HYDERABAD

In the result, the assessee’s appeal for the A

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

depreciation. Aggrieved by the order of the CIT(A), the assessee is in second appeal before us. 6. As regards ground No. 1, the Ld. Counsel for the assessee reiterated the submissions made before the authorities below and submitted that the expenditure incurred by the Assessee on the leasehold premises to make it fit for its working is revenue

ZUARI CEMENT LIMITED, KADAPA,KADAPA vs. ACIT, CIRCLE-1, KADAPA, KADAPA

Accordingly, this issue is allowed for statistical purposes

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

section 37(1) of the Act. However, given the lack of, directed to submit the same before the AO. In the Final Assessment Order dated 30.01.2014, the Assessing Officer on appreciation of the evidences filed allowed the claim. Copy of the Final Assessment Order for AY 2009-10 and a copy of the DRP order dated 25.11.2013 is appended along

ZUARI CEMENT LIMITED, KADAPA,KADAPA vs. ACIT, CIRCLE-1, KADAPA, KADAPA

Accordingly, this issue is allowed for statistical purposes

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

section 37(1) of the Act. However, given the lack of, directed to submit the same before the AO. In the Final Assessment Order dated 30.01.2014, the Assessing Officer on appreciation of the evidences filed allowed the claim. Copy of the Final Assessment Order for AY 2009-10 and a copy of the DRP order dated 25.11.2013 is appended along

ZUARI CEMENT LIMITED,KADAPA vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), KADAPA

Accordingly, this issue is allowed for statistical purposes

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

section 37(1) of the Act. However, given the lack of, directed to submit the same before the AO. In the Final Assessment Order dated 30.01.2014, the Assessing Officer on appreciation of the evidences filed allowed the claim. Copy of the Final Assessment Order for AY 2009-10 and a copy of the DRP order dated 25.11.2013 is appended along

ZUARI CEMENT LIMITED ,KADAPA vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KADAPA

Accordingly, this issue is allowed for statistical purposes

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

section 37(1) of the Act. However, given the lack of, directed to submit the same before the AO. In the Final Assessment Order dated 30.01.2014, the Assessing Officer on appreciation of the evidences filed allowed the claim. Copy of the Final Assessment Order for AY 2009-10 and a copy of the DRP order dated 25.11.2013 is appended along

ZUARI CEMENT LIMITED,KADAPA vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KADAPA

Accordingly, this issue is allowed for statistical purposes

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

section 37(1) of the Act. However, given the lack of, directed to submit the same before the AO. In the Final Assessment Order dated 30.01.2014, the Assessing Officer on appreciation of the evidences filed allowed the claim. Copy of the Final Assessment Order for AY 2009-10 and a copy of the DRP order dated 25.11.2013 is appended along

SUNIL VISHRAM CHAWDA, HYD,HYDERABAD vs. CIT (OSD), RANGE-10, HYD, HYDERABAD

In the result, all the appeals under consideration are allowed

Bench: Smt P. Madhavi Devi & Shri S. Rifaur Rahman

195 (Bom.), the Hon’ble Court held as under: “ It is further to be seen that the Legislature has not conferred power on the Assessing Officer to review its own order. Therefore, the power under Section 147 cannot be used to review the order. In the present case, though the Assessing Officer has used the phrase "reason to believe", admittedly

SUNIL VISHRAM CHAWDA, HYD,HYDERABAD vs. DCIT,CIRCLE-14(1), HYD, HYDERABAD

In the result, all the appeals under consideration are allowed

Bench: Smt P. Madhavi Devi & Shri S. Rifaur Rahman

195 (Bom.), the Hon’ble Court held as under: “ It is further to be seen that the Legislature has not conferred power on the Assessing Officer to review its own order. Therefore, the power under Section 147 cannot be used to review the order. In the present case, though the Assessing Officer has used the phrase "reason to believe", admittedly

SUNIL VISHRAM CHAWDA, HYD,HYDERABAD vs. ACIT, CIRCLE-10(1), HYD, HYDERABAD

In the result, all the appeals under consideration are allowed

Bench: Smt P. Madhavi Devi & Shri S. Rifaur Rahman

195 (Bom.), the Hon’ble Court held as under: “ It is further to be seen that the Legislature has not conferred power on the Assessing Officer to review its own order. Therefore, the power under Section 147 cannot be used to review the order. In the present case, though the Assessing Officer has used the phrase "reason to believe", admittedly

SUNIL VISHRAM CHAWDA, HYD,HYDERABAD vs. ACIT, CIRCLE-10(1), HYD, HYDERABAD

In the result, all the appeals under consideration are allowed

Bench: Smt P. Madhavi Devi & Shri S. Rifaur Rahman

195 (Bom.), the Hon’ble Court held as under: “ It is further to be seen that the Legislature has not conferred power on the Assessing Officer to review its own order. Therefore, the power under Section 147 cannot be used to review the order. In the present case, though the Assessing Officer has used the phrase "reason to believe", admittedly

VIRCHOW PETROCHEMICAL PRIVATE LIMITED,HYDERABAD vs. ACIT., CENTRAL CIRCLE-8(1), HYDERABAD

section 143(3) of the Act, dated 11/12/2018, referred to the details available on record, and observed that though the assessee company had claimed 100% depreciation of Rs.7.34 crores (approx.) on the solar power plant, but had not received and incurred any income from sale of power from the said power generation plant in its “Profit and Loss account

ANANTHA PVC PIPES PRIVATE LIMITED,ANANTAPUR vs. ACIT., CIRCLE-1, KURNOOL

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

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.317/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2017-18) M/S. Anantha Pvc Pipes Pvt. Ltd., Asst. Commissioner Of Income Tax, Vs. Circle-1, Kurnool. Anantapur. Pan:Aagca0936J (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri T. Rajendra Prasad, C.A. & Shri P. Rosi Reddy, Advocate. रधजस् व द्वधरध/Revenue By:: Dr. Sachin Kumar, Sr-Dr सुिवधई की तधरीख/Date Of Hearing: 31/07/2025 घोर्णध की तधरीख/Pronouncement: 06/08/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By M/S. Anantha Pvc Pipes Pvt. Ltd. (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”), Dated 25.07.2024 For The A.Y. 2017-18. 2. At The Outset, It Is Observed That There Is A Delay Of 147 Days In Filing The Present Appeal Before The Tribunal. In This Regard, The

depreciation was allowed, but the carry ITA No.317/Hyd/2025 6 forward of business loss was denied. Later on, the case was selected for scrutiny under section 143(3) of the Act for verification of cash deposits during demonetisation. The assessee submitted various records including audited balance sheet, cash book, sales invoices, excise documents, and bank statements. However, the Learned Assessing Officer

DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(1), HYDERABAD vs. L & T METRO RAIL (HYDERABAD) LIMITED, HYDERABAD

In the result, appeal of the Revenue is allowed

Bench: Shri A. Mohan Alankamony & Shri S.S. Godaraassessment Year: 2016-17 Dcit, Vs. L & T Metro Rail Circle-16(1), (Hyderabad) Limited, Hyderabad. Hyderabad. Pan: Aabcl 8521 D (Appellant) (Respondent) Assessee By: Shri Ashik Shah Revenue By: Sri B. Sunil Kumar, Dr Date Of Hearing: 25/10/2021 Date Of Pronouncement: 21/01/2022 Order Per A. Mohan Alankamony, Am.:

195/-. 6. Drawing attention of the decision of the jurisdictional ITAT in the case of Thermal Power Tech Corporation India Ltd vs. DCIT, Central Circle 2(4), Hyderabad in ITA No. 1534/Hyd/2016 for the AY 2012-13 Dt: 26/04/2012, wherein it was held that the interest earned on fixed deposits made in the banks by parking the unutilized borrowed funds

ASST. COMMISSIONER OF INCOME TAX CIRCLE-1,, KHAMMAM vs. M/S SINGARENI COLLERIES COMPANY LTD.,, KHAMMAM DIST

In the result, both the appeals of the revenue for AYs 2009-10 & 2010-11 are dismissed

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahusl.

depreciation after completion and on commencement of its use for business. But since that stage is not reached-no asset having come into existence-the capital-work-in-progress had to be written off as such." 10 I.T.A. No. 802/H/14 and others Singarerni Colleries Companly Ltd., Kothagudem 9. There was no challenge to such finding on facts before the learned

SINGARENI COLLERIES COMPANY LIMITED,HYDERABAD vs. ACIT, CIRCLE-1,, KHAMMAM

In the result, both the appeals of the revenue for AYs 2009-10 & 2010-11 are dismissed

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahusl.

depreciation after completion and on commencement of its use for business. But since that stage is not reached-no asset having come into existence-the capital-work-in-progress had to be written off as such." 10 I.T.A. No. 802/H/14 and others Singarerni Colleries Companly Ltd., Kothagudem 9. There was no challenge to such finding on facts before the learned

DCIT, CIRCLE-1, KHAMMAM, KHAMMAM vs. THE SINGARENI COLLERIES COMPANY LT.D, KOTHAGUDEM, KOTHAGUDEM

In the result, both the appeals of the revenue for AYs 2009-10 & 2010-11 are dismissed

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahusl.

depreciation after completion and on commencement of its use for business. But since that stage is not reached-no asset having come into existence-the capital-work-in-progress had to be written off as such." 10 I.T.A. No. 802/H/14 and others Singarerni Colleries Companly Ltd., Kothagudem 9. There was no challenge to such finding on facts before the learned