DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(2), HYDERABAD vs. MYLAN LABORATORIES LIMITED , HYDERABAD

In the result, appeal of the assessee is partly allowed

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

depreciation on Rs.183 crores. 3.7. The Ld. CIT(A) has erred in concluding that the intangible", assets quantified at Rs.1,464 crore was not supported by any documentary proof. 4. Enhancement by Ld. CIT(A) u/s 68 of the Act: 4.1. On the facts and in the circumstances of the case and in law, the Ld. CIT (A) has erred

GAINSIGHT SOFTWARE PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE-2(1), HYDERSABAD

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

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON’BLE (Accountant Member)

234C On the facts and circumstances of the case and in law, the Ld. AO has erred in levying interest under section 234B/234C of the Act. 11. Penalty Proceedings On the facts and circumstances of the case and in law, the Ld. TPO / Ld. AO / Ld. DRP have erred in initiating penalty proceedings under Section 270A and 271AA, without considering

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 43A of the Income Tax Act. The assessee is directed to provide all the information required by the Assessing Officer and after considering all the documents / evidence, the Assessing Officer shall decide the issue in accordance with the law after following due process of law. Accordingly, these grounds are allowed for statistical purposes. GROUND NOS.15

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 43A of the Income Tax Act. The assessee is directed to provide all the information required by the Assessing Officer and after considering all the documents / evidence, the Assessing Officer shall decide the issue in accordance with the law after following due process of law. Accordingly, these grounds are allowed for statistical purposes. GROUND NOS.15

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 43A of the Income Tax Act. The assessee is directed to provide all the information required by the Assessing Officer and after considering all the documents / evidence, the Assessing Officer shall decide the issue in accordance with the law after following due process of law. Accordingly, these grounds are allowed for statistical purposes. GROUND NOS.15

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 43A of the Income Tax Act. The assessee is directed to provide all the information required by the Assessing Officer and after considering all the documents / evidence, the Assessing Officer shall decide the issue in accordance with the law after following due process of law. Accordingly, these grounds are allowed for statistical purposes. GROUND NOS.15

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 43A of the Income Tax Act. The assessee is directed to provide all the information required by the Assessing Officer and after considering all the documents / evidence, the Assessing Officer shall decide the issue in accordance with the law after following due process of law. Accordingly, these grounds are allowed for statistical purposes. GROUND NOS.15

FUSION LASTEK TECHNOLOGIES PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE 8(1), HYDERABAD

Bench: Us:

234C of the Income Tax Act, 1961 under the facts and circumstance of the case. 6. The appellant craves leave to add, alter, delete or substitute any of the grounds urged above. 7. In view of the above and other grounds that may be urged at the time of the hearing of the appeal, the appellant prays that the appeal

TEK SYSTEMS GLOBAL SERVICES PRIVATE LIMITED,HYDERBAD vs. DCIT, CIRCLE-2(1), HYDERBAD

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

Bench: Shri Laliet Kumar & Shri Manjunatha G.आ.अपी.सं /Ita No.487/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2018-19) Tek Systems Global Vs. Dy. C. I. T. Services (P) Ltd, Circle 2(1) Hyderabad Hyderabad Pan:Aabcf1518Q (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Ms. K. Amulya, Ca रधजस् व द्वधरध/Revenue By:: Shri Jeevan Lal Lavidiya, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 29/05/2024 घोर्णध की तधरीख/Pronouncement: 05/07/2024 आदेश/Order

234C of the Act instead of INR 469,720. 14. On the facts and in the circumstances of the case and in law, the Ld. AO erred in levying penalty under section 270A of the Act by wrongly alleging that there is under reporting of income by the Appellant. 15. The appellant prays that directions be given to grant

BRIJESH CHANDWANI,HYDERABAD vs. DCIT., CIRCLE -6(1), HYDERABAD

The appeal of the Assessee is allowed on this ground alone

234C of the Act, under the facts and circumstances of the case. 11. The Appellant craves leave to add, alter, delete or substitute any of the grounds urged above. 12. In the view of the above and other grounds that may be urged at the time of the hearing of the appeal, the Appellant prays that the appeal

THE SINGARENI COLLIERIES COMPANY LIMITED,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KHAMMAM

In the result, both the appeals under consideration are allowed in above terms

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

section and Circulars, it is clear that the assessee is not responsible for deducting tax deduction at source and assessee is also not sure that when the amount shall be paid to the actual recipients/pattadars. In our considered opinion, the addition made in this regard is not sustainable in the eyes of law and, therefore, the addition is deleted. Accordingly

THE SINGARENI COLLIERIES COMPANY LIMITED,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, HYDERABAD

In the result, both the appeals under consideration are allowed in above terms

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

section and Circulars, it is clear that the assessee is not responsible for deducting tax deduction at source and assessee is also not sure that when the amount shall be paid to the actual recipients/pattadars. In our considered opinion, the addition made in this regard is not sustainable in the eyes of law and, therefore, the addition is deleted. Accordingly

MADHUCON PROJECTS LIMITED,HYDERABAD vs. DCIT., CENTRAL CIRCLE-3, HYDERABAD, HYDERABAD

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

depreciation once the income is estimated and also held in earlier paras of this Madhucon Projects Limited, Hyderabad. order that the orders passed by the Assessing Officer/CIT(A) consequent to orders of the CIT u/s. 263 have become infructuous, these orders passed by the CIT(A) rectifying the orders passed u/s. 250 of the Act also no more survive. Accordingly

MADHUCON PROJECTS LTD, HYDERABAD,HYDERABAD vs. DCIT, CENTRAL CIRCLE-3, HYD, HYDERABAD

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

depreciation once the income is estimated and also held in earlier paras of this Madhucon Projects Limited, Hyderabad. order that the orders passed by the Assessing Officer/CIT(A) consequent to orders of the CIT u/s. 263 have become infructuous, these orders passed by the CIT(A) rectifying the orders passed u/s. 250 of the Act also no more survive. Accordingly

MADHUCON PROJECTS LIMITED,HYDERABAD vs. DCIT., CENTRAL CIRCLE-3, HYDERABAD, HYDERABAD

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

depreciation once the income is estimated and also held in earlier paras of this Madhucon Projects Limited, Hyderabad. order that the orders passed by the Assessing Officer/CIT(A) consequent to orders of the CIT u/s. 263 have become infructuous, these orders passed by the CIT(A) rectifying the orders passed u/s. 250 of the Act also no more survive. Accordingly

OPEN TEXT TECHNOLOGIES INDIA PRIVATE LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(2), HYDERABAD

Bench: Shri Vijay Pal Rao, Hon’Ble & Shri Madhusudan Sawdia, Hon'Ble

234C of the Act amounting to Rs.3,82,808 and the same is consequential to the above grounds. 16. Levy of penalty under section 271AA and 271BA of the Act Initiating penalty proceedings under section 271AA and 271BA of the Act." 3. The assessee has raised the additional grounds as under : “10(c)(a). Choice

CDK GLOBAL (INDIA) PRIVATE LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-1(2), HYDERABAD

Appeal is partly allowed in above terms

Bench: Shri A. Mohan Alankamony & Shri S.S. Godara(Through Video Conference) M/S. Cdk Global (India) Pvt. Ltd., Hyderabad. Pan Aagcr 9879K …..Appellant. Vs. Dy. Commissioner Of Income Tax, Circle 1(2), Hyderabad. …..Respondent. Appellant By : Shri H. Srinivasulu. (A.R.) Respondent By : Shri Ashok Kardam. (D.R.) Date Of Hearing : 30.09.2021. Date Of Pronouncement : 28.10.2021. O R D E R Per Shri S.S. Godara, J.M. : This Assessee’S Appeal For Asst. Year 2015-16 Arises From The Commissioner Of Income Tax (Appeals)-1, Hyderabad’S Order Dt.12.07.2019 Passed In Case No.10072/2018-19/Dcit 1(2)/Cit(A)-1/Hyd / 2019-20 In 2 Proceedings Under Section 143(3) Of Income Tax Act, 1961 (‘The Act’).

Section 143(3) of Income Tax Act, 1961 (‘the Act’). Heard both the parties. Case file perused. 2. Coming to the assessee's first and foremost six substantive grounds seeking to challenge correctness of both the lower authorities’ action disallowance depreciation on goodwill involving an amount of Rs.202,51,54,355 being in the nature of an internally generated asset

DHAANI BUILDERS,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-8(1), HYDERABAD

In the result, appeal filed by the assessee is allowed for statistical purposes as indicated hereinabove and the Stay Application filed by the assessee is dismissed

Bench: Smt. P. Madhavi Devi & Shri A. Mohan Alankamonyassessment Year: 2013-14 & S.A. No. 4/Hyd/2020 (A.Y.:2013-14) M/S. Dhaani Builders, Vs. Dy. Commissioner Of Hyderabad. Income Tax, Pan: Aahfd 3265 D Circle-8(1), Hyderabad. (Appellant) (Respondent) Assessee By: Sri P. Murali Mohana Rao Revenue By: Sri Selgy Jose T. Kottaram, Dr Date Of Hearing: 28/01/2020 Date Of Pronouncement: 21/02/2020 Order Per A. Mohan Alankamony, Am.:

section 40(a)(ia) of the Act are applicable for the amounts paid towards commission of Rs. 72,450/- and consultancy charges of Rs. 4 lakhs. 3. The Ld. CIT(A) erred in confirming the action of the A.O. in disallowing depreciation on vehicles of Rs. 2,10,.623/- and expenditure on vehicle maintenance

DY. COMMISSIONER OF INCOME TAX, CIRCLE-16(2), , HYDERABAD vs. MYLAN LABORATORIES LIMITED (BEING THE AMALGAMATED COMPANY OF ASTRIX LABORATORIES LIMITED), , HYDERABAD

Appeal of the Revenue is dismissed

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

Section 92A of the Act, the case was referred to Transfer Pricing Officer (TPO), who issued Transfer Pricing Order dated 30-01-2016 by making a NIL adjustment u/s. 92CA of the Act. The AO framed assessment order u/s 143(3) r.w.s. 92CA(3) of the Act dated 24-03-2016 (received by the assessee on 31-03-2016) taking