DY.CIT, CIR-1(2), HYDERABAD vs. M/S CUNTRY CLUB (I) LIMITED,, HYDERABAD

In the result, the grounds of the appeal of the assessee on this issue are allowed

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmanassessment Year: 2009-10 M/S Country Club Vs. Asst. Cit, Circle-1(2), Hospitality & Holidays Ltd., Hyderabad. (Formerly Known As Country Club India Ltd.,) Hyderabad.

depreciation and allowances are dealt with in Section 32. Therefore, Parliament has used the expression "any expenditure" in Section 37 to cover both. Therefore, the expression "expenditure" as used in Section 37 may, in the circumstances of a particular case, cover an amount which is really a "loss" even though the said amount has not gone out from the pocket

M/S COUNTRY CLUB INDIA LIMITED,HYDERABAD vs. DCIT, CIRCLE-3(2), HYDERABAD, HYDERABAD

In the result, the grounds of the appeal of the assessee on this issue are allowed

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahmancountry Club Hospitality & Vs Dy. Commissioner Of Income Holidays Ltd (Formerly Tax, Circle 3 (2) Known As Country Club Hyderabad India Ltd) Hyderabad Pan: Aaacc8276B (Appellant) (Respondent)

depreciation and allowances are dealt with in Section 32. Therefore, Parliament has used the expression "any expenditure" in Section 37 to cover both. Therefore, the expression "expenditure" as used in Section 37 may, in the circumstances of a particular case, cover an amount which is really a "loss" even though the said amount has not gone out from the pocket

DCIT, CIRCLE-1(2), HYD, HYDERABAD vs. BHAGYANAGAR INDIA LTD., SEC-BAD, SECUNDERABAD

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

Bench: Shri A. Mohan Alankamony & Sri S.S. Godaraa.Y. 2010-11 Dcit, Vs. M/S. Bhagyanagar India Circle-1(2), Ltd., Hyderabad. Secunderabad. Pan: Aaacb 8963 C (Appellant) (Respondent) Assessee By Sri K.C. Devdas Revenue By Sri Rohit Mujumdar, Dr Date Of Hearing: 20/10/2021 Date Of Pronouncement: 16/12/2021 Order

section 35D of the Act. It is pertinent to mention that the Act allows expenditure such as underwriting commission, brokerage and charges for drafting, typing, printing and advertisement of the prospectus towards issue for public subscription, shares, debentures and not any other expenditure related to issue for public subscription, shares, debentures. Further, the finding of the Ld. Revenue Authorities that

DCIT, CIRCLE-3(1), HYDERABAD, HYDERABAD vs. RA CHEM PHARMA LIMITED, HYDERABAD, HYDERABAD

In the result, assessee’s appeal in ITA No

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmanassessment Year: 2012-13

depreciation. 4. The Ld. CIT (A) ought to have considered the fact that the expenditure claimed by the assessee was not incurred in the relevant previous year and does not fall in the ambit of provisions of section 35D

RA CHEM PHARMA LIMITED, HYDERABAD,HYDERABAD vs. ITO, WARD-3(2), HYDERABAD, HYDERABAD

In the result, assessee’s appeal in ITA No

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmanassessment Year: 2012-13

depreciation. 4. The Ld. CIT (A) ought to have considered the fact that the expenditure claimed by the assessee was not incurred in the relevant previous year and does not fall in the ambit of provisions of section 35D

DCIT, CIRCLE-3(1), HYDERABAD, HYDERABAD vs. RA CHEM PHARMA LIMITED, HYDERABAD, HYDERABAD

In the result, assessee’s appeal in ITA No

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmanassessment Year: 2012-13

depreciation. 4. The Ld. CIT (A) ought to have considered the fact that the expenditure claimed by the assessee was not incurred in the relevant previous year and does not fall in the ambit of provisions of section 35D

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

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]

35D of the Act and to allow 1/5th of the Page 3 of 17 ITA No. 781/Hyd/2020 & total fee paid for increase in Technical Ground authorized share capital. 5. (a) The CIT (A) has erred in not deleting the disallowance on Depreciation of Rs. 13,38,390/- on commercial Trucks. (b) The CIT (A) ought to have appreciated the fact

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

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]

35D of the Act and to allow 1/5th of the Page 3 of 17 ITA No. 781/Hyd/2020 & total fee paid for increase in Technical Ground authorized share capital. 5. (a) The CIT (A) has erred in not deleting the disallowance on Depreciation of Rs. 13,38,390/- on commercial Trucks. (b) The CIT (A) ought to have appreciated the fact

M/S N.A.M. EXPRESSWAY LIMITED,DELHI vs. ACIT., CIRCLE-5(1), HYDERABAD

In the result, appeal filed by the assessee is allowed

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.580/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2018-19) N.A.M.Expressway Ltd. Vs. Acit, Circle-5(1) Delhi Hyderabad [Pan : Aadcn3131D] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Salil Kapoor, Ms Ananya Kapoor & Shri Tarun Chanana, Ar (Through Virtual Mode) रधजस् व द्वधरध/Revenue By: Shri Shiva Sewak, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 30/10/2024 घोर्णध की तधरीख/Date Of 28/01/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.03.2019 Of The Learned Principal Commissioner Of Income Tax [Ld.Pcit], Hyderabad-4 Pertaining To A.Y.2018-19 On The Following Grounds :

section 263 of Income-of the Income tax Act, 1961 (“the Act”), 1961 (“the Act”) by Principal Commissioner of Income Tax [Hon'ble PCIT] is bad in law and liable to be quashed. 2 M/s N.A.M.Expressway Limited 2. That, on the facts and circumstances of the case and in law, Hon'ble PCIT has erred in initiating revisionary proceedings

SITAPURAM POWER LIMITED-ERSTWHILE AMALGAMATING COMPANY (NOW AMALGAMATED COMPANY-ZUARI CEMENT LIMITED),KADAPA vs. DCIT, CIRCLE 1, HYDERABAD

In the result, appeal of the assessee is allowed

Bench: Shri Laliet Kumar, Hon’Ble & Shri Madhusudan Sawdia, Hon’Bleआआआआ आआआआ आआ./ I.T.A. (Tp) No.79/Hyd/2022 (आआआआआआआआ आआआआ / Assessment Year: 2017-18) Erstwhile Amalgamating Company Vs. Deputy Commissioner Of – Sitapuram Power Limited Income Tax, Pan:Aajcs2098E Circle-1, (Now Amalgamated Company – Nellore. Zuari Cement Limited), Kadapa. Pan:Aajcs2098E (आआआआआआआआआ/ Appellant) (आआआआआआआआआआ/ Respondent) आआआआआआआआआ आआ आआ आआ/ Appellant : Adv. Shri Deepak Chopra & Nitin Narang By आआआआआआआआआआआ आआ आआ आआ / : Shri Kumar Pranav, Cit-Dr Respondent By आआआआआआ आआ आआआआआ / Date Of : 15/05/2024 Hearing आआआआआ आआ आआआआआ/Date Of : 02/07/2024 Pronouncement O R D E R

Section 35A, 35AB (3); 35ABB; 35D (5); 35DDA; 35E; 41 (1) (Any benefit accrued by the amalgamated co.) from cessation of liability of amalgamating company shall be taxed in the hands of the amalgamated company); 43 (1); 43 (6); 32 and 43 (6) (c); 43C; 47 (vi); (via) (viaa) (viab); 47 (vii); 72A; 72AB, etc. the transferee was in existence

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 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