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15 results for “depreciation”+ Section 224clear

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Key Topics

Section 14A31Section 26321Section 143(3)20Section 153A8Section 56(2)(vii)5Addition to Income5Section 143(2)4Section 56(2)4Section 2244Disallowance

BSCPL AURANG TOLLWAY LIMITED,HYDERABAD vs. DCIT., CIRCLE-1(1), HYDERABAD

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

ITA 612/HYD/2024[2018-19]Status: DisposedITAT Hyderabad28 Jan 2026AY 2018-19

Bench: the Tribunal. The assessee has filed an affidavit explaining the reasons for the delay, wherein it was submitted that the appeal for the relevant assessment year was required to be filed within 60 days from the date of receipt of the order passed under Section 263 of the Income-tax Act, 1961. However, the

Section 143(3)Section 263

224 has clearly held that, the expenditure incurred for development of toll road on BOT basis is not an intangible asset and the assessee cannot claim depreciation as per Section

PATNA BAKHTIYARPUR TOLLWAY LIMITED,HYDERABAD vs. ACIT., CIRCLE-16(2), HYDERABAD

In the result, the appeal of the assessee dismissed

ITA 182/HYD/2024[2017-18]Status: Disposed
4
Depreciation4
ITAT Hyderabad
31 Dec 2024
AY 2017-18

Bench: Shri Laliet Kumar, Hon’Ble & Shri Madhusudan Sawdia, Hon’Bleassessment Year – 2017-18 Patna Bakhtiyarpur Tollway Vs. Acit Circle-16(2) Limited Hyderabad Hyderabad Pan : Aafcp9577K (Appellant) (Respondent) Assessee By: Shri S.Rama Rao, Ar Revenue By: Ms.K.Haritha, Cit-Dr Date Of Hearing: 05.12.2024 31.12.2024 Date Of Pronouncement:

For Appellant: Shri S.Rama Rao, ARFor Respondent: Ms.K.Haritha, CIT-DR
Section 142(1)Section 143(3)Section 263Section 32

section 263, of the Income-tax Act, 1961 - Depreciation - Allowability/Rates of (Toll road) - Assessment year 2005-06 - Where assessee, engaged in business of infrastructure development, in execution of an agreement with National Highway 5 Authority, constructed a road on Build, Operate and Transfer (BOT) basis on land owned by Government, could not claim depreciation on toll road so constructed

K VIJAYA BHASKAR REDDY ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), HYDERABAD

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

ITA 619/HYD/2019[2015-16]Status: DisposedITAT Hyderabad30 Aug 2022AY 2015-16

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

For Appellant: Shri K.C. DevdasFor Respondent: Dr. M. Narmada, CIT (DR)
Section 143(3)Section 153ASection 224Section 263Section 56(2)Section 56(2)(vii)

224 of the I.T. Act. According to him, since the Assessing Officer has passed the order without making any enquiry which should have been made or the order is passed allowing a relief without enquiry, the order passed by the Assessing Officer is erroneous and prejudicial to the interest of the Revenue and therefore, he set aside the order

N JAIDEEP REDDY ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), HYDERABAD

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

ITA 623/HYD/2019[2015-16]Status: DisposedITAT Hyderabad30 Aug 2022AY 2015-16

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

For Appellant: Shri K.C. DevdasFor Respondent: Dr. M. Narmada, CIT (DR)
Section 143(3)Section 153ASection 224Section 263Section 56(2)Section 56(2)(vii)

224 of the I.T. Act. According to him, since the Assessing Officer has passed the order without making any enquiry which should have been made or the order is passed allowing a relief without enquiry, the order passed by the Assessing Officer is erroneous and prejudicial to the interest of the Revenue and therefore, he set aside the order

N JAIVEER REDDY ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), HYDERABAD

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

ITA 622/HYD/2019[2015-16]Status: DisposedITAT Hyderabad30 Aug 2022AY 2015-16

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

For Appellant: Shri K.C. DevdasFor Respondent: Dr. M. Narmada, CIT (DR)
Section 143(3)Section 153ASection 224Section 263Section 56(2)Section 56(2)(vii)

224 of the I.T. Act. According to him, since the Assessing Officer has passed the order without making any enquiry which should have been made or the order is passed allowing a relief without enquiry, the order passed by the Assessing Officer is erroneous and prejudicial to the interest of the Revenue and therefore, he set aside the order

K LAXMA REDDY ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), HYDERABAD

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

ITA 621/HYD/2019[2015-16]Status: DisposedITAT Hyderabad30 Aug 2022AY 2015-16

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

For Appellant: Shri K.C. DevdasFor Respondent: Dr. M. Narmada, CIT (DR)
Section 143(3)Section 153ASection 224Section 263Section 56(2)Section 56(2)(vii)

224 of the I.T. Act. According to him, since the Assessing Officer has passed the order without making any enquiry which should have been made or the order is passed allowing a relief without enquiry, the order passed by the Assessing Officer is erroneous and prejudicial to the interest of the Revenue and therefore, he set aside the order

CLONZ BIOTECH PRIVATE LIMITED,HYDERABAD vs. ITO., WARD-1(4), HYDERABAD

In the result, the appeal of the assessee is dismissed

ITA 636/HYD/2024[2017-18]Status: DisposedITAT Hyderabad06 Nov 2024AY 2017-18

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdiaassessment Year: 2017-18 Clonz Biotech Private Limited, Vs. The Income Tax Officer, Ward – 1(4), Hyderabad. Hyderabad. Pan : Aadcc7742B. (Appellant) (Respondent) Assessee By: None Revenue By: Shri Srikanth Reddy, Y. Sr.Ar Date Of Hearing: 06.11.2024 Date Of Pronouncement: 06.11.2024

For Appellant: NoneFor Respondent: Shri Srikanth Reddy, Y. Sr.AR
Section 142(1)Section 143(2)Section 143(3)Section 56(2)(vii)Section 56(2)(viib)Section 68

depreciation, thus demonstrating a heedless manner of assessment and appeal. 5. The Assessing Officer misguided himself in calculating fair value due to a non-constructive reading of the provisions of Section 56(2)(viib) along with Rule 11UA.” 3. The brief facts of the case are that the assessee company is engaged in the business of manufacturing of Bio-Pharmaceuticals

PATHFINDER PUBLISHING PRIVATE LIMITED,HYDERABAD vs. ACIT., CIRCLE -16(2), HYDERABAD

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

ITA 39/HYD/2024[2017-18]Status: DisposedITAT Hyderabad31 Jul 2024AY 2017-18

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

For Appellant: Shri S.K. Gupta, AdvocateFor Respondent: : Ms. TH Vijaya Lakshmi, CIT-DR
Section 143(3)Section 56(2)(viib)

depreciation; (iv) any amount representing provision for taxation, other than amount of tax paid as deduction or collection at source or as advance tax payment as reduced by the amount of tax claimed as refund under the Income tax Act, to the extent of the excess over the tax payable with reference to the books profits in accordance with

ACIT., CIRCLE-1(1), TIRUPATI vs. SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED, TIRUPATI

In the result, appeal filed by the Revenue is dismissed

ITA 244/HYD/2024[2018-19]Status: DisposedITAT Hyderabad16 Jul 2024AY 2018-19

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.244/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2018-19 ) Acit Vs. Southern Power Circle 1(1) Distribution Company Of Tirupati Andhra Pradesh, Tirupati Pan:Aahcs4056Q (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: C.A Mohan Acharya राज" व "ारा/Revenue By:: Shri Kumar Pranav, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 10/07/2024 घोषणा की तारीख/Pronouncement: 16/07/2024 आदेश/Order

For Appellant: C.A Mohan AcharyaFor Respondent: : Shri Kumar Pranav, CIT(DR)
Section 43(1)

section (43), where a portion of the cost of asset acquired by the assessee has been met directly or indirectly by the central/state govts, in the form of subsidy or grant shall not be included in the actual cost of the asset to the assessee. Since the appellant has acquired the assets out of contribution received from consumers and subsidies

C.M.D. RATNAKAR DY. COMMISSIONER OF INCOME TAX, CIRCLE 2(1), HYDERABAD vs. JASPER INDUSTRIES PRIVATE LIMITED, HYDERABAD

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

ITA 6/HYD/2021[2016-17`]Status: DisposedITAT Hyderabad05 Jun 2024

Bench: Shri Laliet Kumar, Hon'Ble & Shri Manjunatha G., Hon'Bleधििाारण वर्ा आ.अपी.सं अपीलार्थी / प्रत्‍यर्थी / / A.Y. Appellant Respondent / Ita No. M/S. Jasper Asst. Commissioner Industries Private Of Income Tax, Limited, 781/Hyd/2020 2016-17 Circle-2(1), Hyderabad Hyderabad [Pan: Aaacj5760H] M/S. Jasper Dy. Commissioner Industries Private Of Income Tax, 6/Hyd/2021 2016-17 Limited, Circle-2(1), Hyderabad Hyderabad [Pan: Aaacj5760H]

For Appellant: Shri C.S. Subrahmanyam and Shri EV Sri Krishna, ARsFor Respondent: Shri K. Meghnath Chowhan, CIT-DR
Section 14A

Depreciation of Rs. 7,18,04,971/-. 7. The appellant may, add or alter or amend or modify or substitute or delete and / or rescind all or any of the grounds of appeal at any time before or at the time of hearing of the appeal.” 3. The Revenue has raised the following grounds: “1. Whether on the facts

JASPER INDUSTRIES PRIVATE LIMITED ,HYDERABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX ,CIRCLE -2(1) , HYDERABAD

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

ITA 781/HYD/2020[2016-17]Status: DisposedITAT Hyderabad05 Jun 2024AY 2016-17

Bench: Shri Laliet Kumar, Hon'Ble & Shri Manjunatha G., Hon'Bleधििाारण वर्ा आ.अपी.सं अपीलार्थी / प्रत्‍यर्थी / / A.Y. Appellant Respondent / Ita No. M/S. Jasper Asst. Commissioner Industries Private Of Income Tax, Limited, 781/Hyd/2020 2016-17 Circle-2(1), Hyderabad Hyderabad [Pan: Aaacj5760H] M/S. Jasper Dy. Commissioner Industries Private Of Income Tax, 6/Hyd/2021 2016-17 Limited, Circle-2(1), Hyderabad Hyderabad [Pan: Aaacj5760H]

For Appellant: Shri C.S. Subrahmanyam and Shri EV Sri Krishna, ARsFor Respondent: Shri K. Meghnath Chowhan, CIT-DR
Section 14A

Depreciation of Rs. 7,18,04,971/-. 7. The appellant may, add or alter or amend or modify or substitute or delete and / or rescind all or any of the grounds of appeal at any time before or at the time of hearing of the appeal.” 3. The Revenue has raised the following grounds: “1. Whether on the facts

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

ITA 1782/HYD/2025[2018-19]Status: DisposedITAT Hyderabad13 Mar 2026AY 2018-19
Section 143(1)Section 143(2)Section 143(3)Section 14ASection 14A(2)

depreciation and financial expenses.\n11. 9. In both the assessment orders, the Assessing Officer held that the respondent-assessee had not commenced business activities as they had not undertaken any manufacturing activity or made downstream investments. It was observed that the respondent- assessee, after receiving approval of Foreign Investment Promotion Soard (FIPS) dated 20.12.2000 acquired shares capital of Ambuja Cement

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

ITA 1781/HYD/2025[2017-18]Status: DisposedITAT Hyderabad13 Mar 2026AY 2017-18
Section 143(1)Section 143(2)Section 143(3)Section 14A

depreciation and financial expenses.\n11. 9. In both the assessment orders, the Assessing Officer held that the\nrespondent-assessee had not commenced business activities as they had not\nundertaken any manufacturing activity or made downstream investments. It\nwas observed that the respondent- assessee, after receiving approval of\nForeign Investment Promotion Soard (FIPS) dated 20.12.2000 acquired shares\ncapital of Ambuja Cement

INCOME TAX OFFICER, WARD-3(2), HYDERABAD vs. R P PROJECTS PRIVATE LIMITED , HYDERABAD

ITA 26/HYD/2019[2015-16]Status: DisposedITAT Hyderabad08 Feb 2022AY 2015-16

Bench: Shri A.Mohan Alankamony & Shri S.S.Godara

For Appellant: Shri Biswal Narahari, ARFor Respondent: Shri Rajendra Kumar, CIT-DR
Section 143(2)Section 143(3)

section (2), or as soon afterwards as may be after hearing such evidence as the assessee may produce and such other evidence as the Assessing Officer may require on specified points, and after taking into account all relevant material which he has gathered, the Assessing Officer shall, by an order in wiring, make an assessment of the total income

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(1), HYDERABAD vs. MAGNA HOMES, HYDERABAD

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

ITA 327/HYD/2024[2018-19]Status: DisposedITAT Hyderabad11 Feb 2025AY 2018-19

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdiaassessment Year: 2018-19 The Deputy Commissioner Of Vs. M/S. Magna Homes, Hyderabad. Income Tax, Central Circle 3(1), Pan : Aapfg5917K Hyderabad. (Appellant) (Respondent) Assessee By: Shri Ravi Bharadwaj Revenue By: Dr. Sachin Kumar, Sr.D.R. Date Of Hearing: 08.01.2025 11.02.2025 Date Of Pronouncement:

For Appellant: Shri Ravi BharadwajFor Respondent: Dr. Sachin Kumar, Sr.D.R
Section 132Section 133ASection 142(1)Section 147Section 148Section 148A

section 148A(b) was issued to the appellant on 16.03.2022 and in response, the appellant has 3 ITA 327/Hyd/2024 not furnished any information. Order u/s. 148A(d) was passed with the prior approval of the specified authority. Accordingly, notice u/s. 148 of the Act was issued to the appellant on 30.03.2022. However, the appellant has not filed any return