DEMI REALTORS,HYDERABAD vs. DCIT, CIRCLE-6(1), HYDERABAD

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

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

section 40A(3) of the Act. 2) Grounds 5 to 7: Disallowance of Rs.21,08,45,001 under section 40(a)(ia) of the Act. 3

BHUPAL INFRASTRUCTURE PRIVATE LIMITED,HYDERABAD vs. ACIT., CENTRAL CIRCLE-1(2), HYDERABAD

In the result, the appeal of the assessee for A

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

Section 40(a)(ia) of the Act, for non-deduction of TDS on payment made to subcontractors, advertisement expenses, interest on TDS. The A.O. disallowed 30% of expenditure incurred towards subcontract payment of Rs. 41,90,848/- and made addition of Rs. 12,57,254/-. Similarly, the A.O. has made addition of Rs. 45,000/- @ 30% of advertisement expenses

BHUPAL INFRASTRUCTURE PRIVATE LIMITED,HYDERABAD vs. ACIT., CENTRAL CIRCLE -1(2), HYDERABAD

In the result, the appeal of the assessee for A

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

Section 40(a)(ia) of the Act, for non-deduction of TDS on payment made to subcontractors, advertisement expenses, interest on TDS. The A.O. disallowed 30% of expenditure incurred towards subcontract payment of Rs. 41,90,848/- and made addition of Rs. 12,57,254/-. Similarly, the A.O. has made addition of Rs. 45,000/- @ 30% of advertisement expenses

BHUPAL INFRASTRUCTURE PRIVATE LIMITED,HYDERABAD vs. ACIT., CENTRAL CIRCLE-1(2), HYDERABAD

In the result, the appeal of the assessee for A

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

Section 40(a)(ia) of the Act, for non-deduction of TDS on payment made to subcontractors, advertisement expenses, interest on TDS. The A.O. disallowed 30% of expenditure incurred towards subcontract payment of Rs. 41,90,848/- and made addition of Rs. 12,57,254/-. Similarly, the A.O. has made addition of Rs. 45,000/- @ 30% of advertisement expenses

KASUSALYA AVENUES PRIVATE LIMITED ,KARIMNAGAR vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2(3), HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

3) of the Income Tax Act, 1961 on 27.12.2019 and determined the total income at Rs.5,01,47,232/- by making additions towards disallowance of finance charges and disallowance under Section 14A of the Act. 42. On appeal, the ld. CIT(A) for the reasons stated in their order dated 18.09.2020 had confirmed the addition made towards disallowance of finance

KASUSALYA AVENUES PRIVATE LIMITED ,KARIMNAGAR vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2(3), HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

3) of the Income Tax Act, 1961 on 27.12.2019 and determined the total income at Rs.5,01,47,232/- by making additions towards disallowance of finance charges and disallowance under Section 14A of the Act. 42. On appeal, the ld. CIT(A) for the reasons stated in their order dated 18.09.2020 had confirmed the addition made towards disallowance of finance

KASUSALYA AVENUES PRIVATE LIMITED ,KARIMNAGAR vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2(3), HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

3) of the Income Tax Act, 1961 on 27.12.2019 and determined the total income at Rs.5,01,47,232/- by making additions towards disallowance of finance charges and disallowance under Section 14A of the Act. 42. On appeal, the ld. CIT(A) for the reasons stated in their order dated 18.09.2020 had confirmed the addition made towards disallowance of finance

KASUSALYA AVENUES PRIVATE LIMITED ,KARIMNAGAR vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2(3), HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

3) of the Income Tax Act, 1961 on 27.12.2019 and determined the total income at Rs.5,01,47,232/- by making additions towards disallowance of finance charges and disallowance under Section 14A of the Act. 42. On appeal, the ld. CIT(A) for the reasons stated in their order dated 18.09.2020 had confirmed the addition made towards disallowance of finance

KASUSALYA AVENUES PRIVATE LIMITED ,KARIMNAGAR vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2(3), HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

3) of the Income Tax Act, 1961 on 27.12.2019 and determined the total income at Rs.5,01,47,232/- by making additions towards disallowance of finance charges and disallowance under Section 14A of the Act. 42. On appeal, the ld. CIT(A) for the reasons stated in their order dated 18.09.2020 had confirmed the addition made towards disallowance of finance

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

3) of the Government of India Act, 1935 and Article 372 of the Constitution respectively. It has been held by the Supreme Court that there is no material difference between "an existing law" and a "a law in force". It has been further observed that the words "a law in force" a used in Article 372 are wide enough

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

In the result, appeal of the assessee is partly allowed

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

3) of the Government of India Act, 1935 and Article 372 of the Constitution respectively. It has been held by the Supreme Court that there is no material difference between "an existing law" and a "a law in force". It has been further observed that the words "a law in force" a used in Article 372 are wide enough

ASHA NIMMAGADDA ,HYDERABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX ,CIRCLE-2(2) , HYDERABAD

In the result, appeal of the assessee is dismissed

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

section 45(3) of the Act speak of a partnership firm or an AOP, not being a company or co-operative society and considering this exception, the assessee converted her 98.17% owned company into 99.83% owned LLP just to take advantage of this contribution of capital and thereby evade tax liability arising on the transfer of MAA TV shares

CHINTALAPATI HOLDINGS PVT.LTD., HYD,HYDERABAD vs. DCIT, CENTRAL CIRCLE-1(2), HYD, HYDERABAD

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

section 14A of the Act read with rule 8D of the Rules at Rs. 3,71,27,320/- by taking the entire interest expense and added the administrative expenses to it by taking the average value of the entire investment and thereafter, restricted the same to the expense claimed. Learned CIT(A), however, excluded that portion of interest which

CHINTALAPATI HOLDINGS PRIVATE LIMITED, HYDERABAD,HYDERABAD vs. DCIT, CIRCLE-1(2), HYDERABAD, HYDERABAD

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

section 14A of the Act read with rule 8D of the Rules at Rs. 3,71,27,320/- by taking the entire interest expense and added the administrative expenses to it by taking the average value of the entire investment and thereafter, restricted the same to the expense claimed. Learned CIT(A), however, excluded that portion of interest which

CHINTALAPATI HOLDINGS PVT.LTD., HYD,HYDERABAD vs. DCIT, CENTRAL CIRCLE-1(2), HYD, HYDERABAD

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

section 14A of the Act read with rule 8D of the Rules at Rs. 3,71,27,320/- by taking the entire interest expense and added the administrative expenses to it by taking the average value of the entire investment and thereafter, restricted the same to the expense claimed. Learned CIT(A), however, excluded that portion of interest which

ACIT., CIRCLE-5(1), HYDERABAD vs. SANJAY CHOWDARY GADDIPATI, HYDERABAD

45 as income of the\nprevious year in which the period of three years\nfrom the date of the transfer of the original asset\nexpires; and\n(ii)\nthe assessee shall be entitled to withdraw the\nunutilised amount in accordance with the scheme\naforesaid.\nExplanation. -72[Omitted by the Finance Act, 1992, w.e.f. 1-4-1993. ]]\n5. 1. Sub-section

ACIT., CIRCLE-5(1), HYDERABAD vs. PENNA CEMENT INDUSTRIES LIMITED, HYDERABAD

3), it is also applicable even if no expenditure has been incurred by the assessee. On the issue of whether in the absence of exempt income earned/claimed during the concerned year, disallowance could be made under section 14A, the departmental SLP against the order of High Court in IL&FS Energy Development Company Ltd. [2017] 84 taxmann.com 186 (Delhi

ACIT., CIRCLE-5(1), HYDERABAD vs. PENNA CEMENT INDUSTRIES LIMITED, HYDERABAD

Bench: Shri Manjunatha G. & Shri Ravish Sood(Hybrid Hearing) आयकर अपीलसं./I.T.A. No.1083/Hyd/2024 (निर्धारणवर्ष/ Assessment Year:2017-18) Assistant Commissioner Of Income Tax, Circle-5(1), Hyderabad. (अपीलार्थी/ Appellant) Vs. Penna Cement Limited, Hyderabad. Pan: Aabcp2290D (प्रत्यर्थी / Respondent) Industries आयकर अपीलसं./I.T.A. No.1084/Hyd/2024 (निर्धारणवर्ष/ Assessment Year:2018-19) Assistant Commissioner Of Income Tax, Circle-5(1), Hydeabad. (अपीलार्थी/ Appellant) Vs. Penna Cement Industries Limited, Hyderabad. Pan: Aabcp2290D (प्रत्यर्थी / Respondent) करदाताकाप्रतिनिधित्व/ Assessee Represented By : Shri Sourabh Soparkar, Advocate राजस्वकाप्रतिनिधित्व/ Department Represented By : Dr. Narendra Kumar Naik, Cit-Dr सुनवाईसमाप्तहोनेकीतिथि/ Date Of Conclusion Of Hearing : 11/11/2025 घोषणा की तारीख/ Date Of Pronouncement : 21/01/2026 2

3), it is also applicable even if no expenditure has been incurred by the assessee. On the issue of whether in the ab sence of exempt income earned/claimed during the concerned year, disallowance could be made under section 14A, the departmental SLP against the order of High Court in IL&FS Energy Development Company Ltd. [2017] 84 taxmann.com 186 (Delhi