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15 results for “disallowance”+ Section 43Aclear

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Key Topics

Section 14A22Section 143(3)15Section 115J10Addition to Income9Disallowance8Deduction7Transfer Pricing6Section 143(2)5Section 36(1)(va)5

INCOME TAX OFFICER, WARD-1(3), HYDERABAD vs. BHAGYANAGAR INDIA LIMITED , SECUNDERABAD

In the result, the appeal of the Revenue is dismissed

ITA 1200/HYD/2019[2016-17]Status: DisposedITAT Hyderabad08 Aug 2025AY 2016-17

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1200/Hyd/2019 (निर्धारण वर्ा/Assessment Year:2016-17) Income Tax Officer, M/S. Bhagyanagar India Ward-1(3), Hyderabad. Vs. Limited, Hyderabad. Pan:Aaacb8963C (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri K.C. Devdas, C.A. रधजस् व द्वधरध/Revenue By: Shri Narender Kumar Naik, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 24/07/2025 घोर्णध की तधरीख/Pronouncement: 08/08/2025 आदेश/Order Per Madhusudan Sawdia, A.M. : This Appeal Is Filed By Revenue, Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-1, Hyderabad (“Ld. Cit(A)”), Dated 16.05.2019 For The A.Y. 2016-17. 2. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Shri K.C. Devdas, C.AFor Respondent: Shri Narender Kumar Naik
Section 115JSection 143(2)Section 143(3)Section 14ASection 37(1)Section 80
Comparables/TP5
TP Method5
Section 684

43A of the Act, any loss on account of foreign exchange fluctuation was liable to be capitalised. He placed reliance on the decision of the coordinate bench of the Tribunal in the case of DCIT Vs. Patanjali Foods Ltd. in ITA No.1172/Mum/2023 & others dated 05.04.2024, to contend that such losses cannot be amortised for purposes of Section 115JB, as they

DODLA DAIRY LIMITED,HYDERABAD vs. DCIT CIRCLE -8(1), HYDERABAD

ITA 466/HYD/2022[2018-19]Status: DisposedITAT Hyderabad26 Nov 2025AY 2018-19

Bench: Us:

For Appellant: Shri Aashik Shah, C.AFor Respondent: Ms. U. Mini Chandran
Section 143(3)Section 144Section 80Section 801BSection 80J

disallowed the corresponding discounted rate of interest element pertaining to the said loan, which, however, as per the directions of the DRP had already been restricted up to the date of repayment of the said loan. 45 ITA TP 466/Hyd/2022 and 1301/Hyd/2024 Dodla Dairy Limited. 45. The Ld. CIT-DR, on the issue of quantification of claim of deduction

LYCOS INTERNET LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(1), HYDERABAD

In the result, appeal filed by the assessee is allowed

ITA 1769/HYD/2018[2012-13]Status: DisposedITAT Hyderabad22 Jan 2025AY 2012-13
For Appellant: \nShri P Murali Mohan Rao, СА
Section 14ASection 249(4)(a)Section 263Section 36(1)(va)

disallowances and computed the taxable income under the normal provisions of the Act at Rs.3,37,52,244/- and book profit as per MAT provisions for Rs.32,82,86,986/-. The assessee challenged the order of the Assessing Officer before the learned CIT (A) which was partly allowed vide order dated 23/06/2017 and the Revenue has filed an appeal against

COUNTRY CLUB HOSPITALITY & HOLIDAYS LIMITED,HYDERABAD vs. DCIT., CIRCLE-1(1), HYDERABAD

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

ITA 1480/HYD/2025[2011-12]Status: DisposedITAT Hyderabad27 Mar 2026AY 2011-12
Section 139Section 143(2)Section 143(3)Section 147Section 148Section 149Section 250

Section 143(3) of the Income-tax Act, 1961 dated 18.03.2014 on the ground that, the assessee has not challenged the additions made by the A.O. and accepted the disallowances. 5. Aggrieved by the assessment order, the assessee preferred appeal before the Ld. CIT(A). Before the Ld. CIT(A), the assessee challenged the addition made towards disallowance of foreign

KAMINENI HEALTH SERVICES PRIVATE LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(1), HYDERABAD

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

ITA 90/HYD/2018[2013-14]Status: DisposedITAT Hyderabad31 Mar 2023AY 2013-14

Bench: Shri R.K. Panda & Shri K. Narasimha Charyassessment Year: 2013-14 Kamineni Health Services Vs. Dy. C. I. T. (P) Ltd, Hyderabad Circle 2(1) Pan:Aaack8313R Hyderabad (Appellant) (Respondent) Assessee By: Advocate Sashank Dundu Revenue By: Shri Kumar Aditya, Dr Date Of Hearing: 22/02/2023 Date Of Pronouncement: 31/03/2023 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 7Th Nov.2017 Of The Learned Cit (A)-2, Hyderabad Relating To A.Y.2013-14. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Healthcare. It Filed Its Return Of Income For The Impugned A.Y Declaring Nil Income After Setting Off Of Business Loss Of Rs.48,33,667/- Under The Normal Provision & Book Profits U/S 115Jb Amounting To Rs. 1,38,45,489/-. The Case Was Selected For Scrutiny Through Cass & Statutory Notices U/S 143(2) & 142(1) Were Issued To The Assessee To Page 1 Of 16

For Appellant: Advocate Sashank DunduFor Respondent: Shri Kumar Aditya, DR
Section 115JSection 143(2)Section 14ASection 36(1)(iii)

section 43A of the Act, these amounts are to be added in the cost of acquisition of the asset for the purpose of depreciation for the A.Ys concerned. We, therefore, answer question No.2 in the negative, i.e. in favour of the assessee and against the Revenue”. 8.4 Respectfully following the above decision, we hold that the loss on foreign exchange

LAMPEX ELECTRONICS LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(1), HYDERABAD

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

ITA 589/HYD/2020[2017-18]Status: DisposedITAT Hyderabad17 Oct 2022AY 2017-18

Bench: Shri Rama Kanta Panda & Shri K.Narasimha Chary

For Appellant: Shri P.N.Moorthy, ARFor Respondent: Shri Kumar Aditya, DR
Section 115JSection 253(2)Section 36(1)(va)Section 68

disallowance of expenditure towards currency fluctuations. 6. Assessee, therefore, filed ITA No. 589/Hyd/2020 in respect of the additions sustained and Revenue filed ITA No. 96/Hyd/2021 in respect of the relief granted to the assessee by the learned CIT(A). Assessee preferred cross objection supporting the view taken by the Learned CIT(A) while granting relief to the assessee. Page

ACIT, CIRCLE-5(1), HYDERABAD vs. LAMPEX ELECTRONICS LIMITED , HYDERABAD

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

ITA 96/HYD/2021[2017-18]Status: DisposedITAT Hyderabad17 Oct 2022AY 2017-18

Bench: Shri Rama Kanta Panda & Shri K.Narasimha Chary

For Appellant: Shri P.N.Moorthy, ARFor Respondent: Shri Kumar Aditya, DR
Section 115JSection 253(2)Section 36(1)(va)Section 68

disallowance of expenditure towards currency fluctuations. 6. Assessee, therefore, filed ITA No. 589/Hyd/2020 in respect of the additions sustained and Revenue filed ITA No. 96/Hyd/2021 in respect of the relief granted to the assessee by the learned CIT(A). Assessee preferred cross objection supporting the view taken by the Learned CIT(A) while granting relief to the assessee. Page

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

Accordingly, this issue is allowed for statistical purposes

ITA 254/HYD/2017[2012-13]Status: DisposedITAT Hyderabad27 Jun 2022AY 2012-13

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

For Appellant: Shri Deepak Chopra and Shri Nitin Narang, AdvocatesFor Respondent: Shri Rajendra Kumar, CIT-DR
Section 143(3)

disallowed the claim of the assessee after relying on the directions of Hon’ble DRP and in addition had denied the claim after relying upon section 43A

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

Accordingly, this issue is allowed for statistical purposes

ITA 182/HYD/2018[2013-14]Status: DisposedITAT Hyderabad27 Jun 2022AY 2013-14

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

For Appellant: Shri Deepak Chopra and Shri Nitin Narang, AdvocatesFor Respondent: Shri Rajendra Kumar, CIT-DR
Section 143(3)

disallowed the claim of the assessee after relying on the directions of Hon’ble DRP and in addition had denied the claim after relying upon section 43A

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

Accordingly, this issue is allowed for statistical purposes

ITA 2169/HYD/2018[2012-13]Status: DisposedITAT Hyderabad27 Jun 2022AY 2012-13

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

For Appellant: Shri Deepak Chopra and Shri Nitin Narang, AdvocatesFor Respondent: Shri Rajendra Kumar, CIT-DR
Section 143(3)

disallowed the claim of the assessee after relying on the directions of Hon’ble DRP and in addition had denied the claim after relying upon section 43A

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

Accordingly, this issue is allowed for statistical purposes

ITA 66/HYD/2019[2014-15]Status: DisposedITAT Hyderabad27 Jun 2022AY 2014-15

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

For Appellant: Shri Deepak Chopra and Shri Nitin Narang, AdvocatesFor Respondent: Shri Rajendra Kumar, CIT-DR
Section 143(3)

disallowed the claim of the assessee after relying on the directions of Hon’ble DRP and in addition had denied the claim after relying upon section 43A

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

Accordingly, this issue is allowed for statistical purposes

ITA 616/HYD/2016[2011-12]Status: DisposedITAT Hyderabad27 Jun 2022AY 2011-12

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

For Appellant: Shri Deepak Chopra and Shri Nitin Narang, AdvocatesFor Respondent: Shri Rajendra Kumar, CIT-DR
Section 143(3)

disallowed the claim of the assessee after relying on the directions of Hon’ble DRP and in addition had denied the claim after relying upon section 43A

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

ITA 1080/HYD/2016[2010-11]Status: DisposedITAT Hyderabad16 Dec 2021AY 2010-11

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 143(3)Section 14ASection 35DSection 35D(2)(c)Section 37

section 43A is applicable in the case of the assessee because there is no finding whether the Plant and machinery was acquired from outside India. The expenses incurred for acquiring funds through FCCBs is nothing but a financial charge and the same has to be capitalized or treated as revenue expenditure depending upon the date of commencement of the business

GMR HOSPITALITY AND RETAIL LIMITED (SUCCESSOR TO HYDERABAD DUTY FREE RETAIL LIMITED),HYDERABAD vs. INCOME TAX OFFICER, WARD-2(2), HYDERABAD

In the result, appeal of the assessee is allowed

ITA 325/HYD/2020[2016-17]Status: DisposedITAT Hyderabad16 Sept 2021AY 2016-17

Bench: Shri A. Mohan Alankamony & Shri S.S. Godaraa.Y. 2016-17 Gmr Hospitality & Retail Vs. Income Tax Officer, Limited (Successor Of Ward-2(2), Hyderabad Duty Free Retail Hyderabad. Limited), Hyderabad. Pan: Aadcg 2928 F (Appellant) (Respondent) Assessee By Shri Sunil Jain, Ar Revenue By Smt. M. Narmada, Dr Date Of Hearing: 02/09/2021 Date Of Pronouncement: 16/09/2021 Order

Section 143(3)Section 145Section 28Section 29Section 37Section 37(1)

disallowed the deduction/debit. This fact is important. It indicates the double standards adopted by the Department. 11. The dispute in this batch of civil appeals centers around the year(s) in which deduction would be admissible for the increased liability under section 37(1). 12. We quote hereinbelow section 28(i), section 29, section 37(1) and section

OCEAN SPARKLE LIMITED,HYDERABAD vs. DCIT., CIRCLE 5(1), HYDERABAD

In the result, appeal of the assessee is dismissed

ITA 1030/HYD/2024[2010-11]Status: DisposedITAT Hyderabad06 Aug 2025AY 2010-11

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

For Appellant: Sri Sourabh Soparkar, AdvocateFor Respondent: Shri Gurpreet Singh, Sr. AR
Section 115JSection 143(2)Section 143(3)Section 14ASection 263Section 801A

section 43A of the Income Tax Act, 1961. Learned Counsel for the Assessee further referring to the chart submitted by the assessee submitted that, although, the assessee has treated forex gain on account of restatement of liabilities existed as on the balance-sheet date as income or expenses in the books of accounts, but, by following the CBDT Circular 3/2010