F5 NETWORKS INNOVATION PRIVATE LIMITED,HYDERABAD vs. INCOME TAX OFFICER, WARD-17(1), HYDERABAD

In the result, the appeal of the assessee is partly allowed for

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

5,13,01,761/- for gratuity under section 43B of the Act was made in the intimation under section 143(1) of the Act and was not a variation proposed by the AO in the draft assessment order passed under section 144C(1) of the Act. The learned DRP noted that the CPC determined the disallowance

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

section 80G(1)(ii) of the Act. Situation 4: The company has contributed Rs. 1 crore to Prime Minister's National Relief Fund and Rs. 1 crore to any other charitable trust registered u/s 80G(5) of the Act. Tax Treatment: The entire CSR expenditure of Rs. 2 crores is to be disallowed

ACIT, CIRCLE-2(1), HYDERABAD vs. HINDUJA NATIONAL POWER CORPORATION LIMITED, HYDERABAD

In the result, the appeal of Revenue is allowed

Bench: Shri Laliet Kumar, Hon’Ble & Shri G. Manjunatha, Hon’Bleआ.अपी.सं / Ita No.235/Hyd/2023 (निर्धारण वर्ा / Assessment Year: 2016-17) The Assistant M/S. Hinduja National Power Commissioner Of Income Vs. Corporation Ltd. Tax, Circle 2(1), Hyderabad. Hyderabad. Pan : Aabch2426D अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent निर्धाररती द्वधरध/Assessee By: Shri K. A. Sai Prasad, C.A. रधजस्‍व द्वधरध/Revenue By: Shri B. Bala Krishna, Cit-Dr.

1)(lia) cannot be applied to provisions of section 32AC and accordingly, the claim of investment allowance claimed by the assessee at Rs.358,44,95,902/- is disallowed and added to the income returned. It can be observed from the above that the AO has categorically held that power generating units are excluded from the purview of section

DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(2), HYDERABAD vs. TRACKS & TOWERS INFRATECH PRIVATE LIMITED(PART IX), HYDERABAD

In the result, both the appeals filed by the revenue are partly allowed

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

5) and made additional claim of deduction u/s 80IA for Rs.11,28,18,375/-, in respect of Jaigarh unit. The Ld. AO has disallowed additional claim of deduction u/s 80IA only on the ground that said claim was not made in the original return filed u/s 139(1) and in view of specific provision of section

DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(2), HYDERABAD vs. TRACKS & TOWERS INFRATECH PRIVATE LIMITED(PART IX), HYDERABAD

In the result, both the appeals filed by the revenue are partly allowed

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

5) and made additional claim of deduction u/s 80IA for Rs.11,28,18,375/-, in respect of Jaigarh unit. The Ld. AO has disallowed additional claim of deduction u/s 80IA only on the ground that said claim was not made in the original return filed u/s 139(1) and in view of specific provision of section

THE ANDHRA PRADESH STATE CO-OPERATIVE BANK LTD,VIJAYAWADA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4(1), HYDERABAD

In the result, the S.As. filed by the assessee are dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

sections 36(1)(viia) and also 36(2)(v). The argument of the assessee that the entire claim for Bad Debts return of is to be allowed U/s. 36(1)(vii). Is also not acceptable for the reason that as per the proviso to Sec.36(1)(vii). ITA Nos.1796/Hyd/2017, 241/Hyd/2018 Page 9 & 460 to 464/Hyd/2023 (S.A. Nos.63 to 67/Hyd/2023

THE ANDHRA PRADESH STATE CO-OPERATIVE BANK LTD,VIJAYAWADA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4(1), HYDERABAD

In the result, the S.As. filed by the assessee are dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

sections 36(1)(viia) and also 36(2)(v). The argument of the assessee that the entire claim for Bad Debts return of is to be allowed U/s. 36(1)(vii). Is also not acceptable for the reason that as per the proviso to Sec.36(1)(vii). ITA Nos.1796/Hyd/2017, 241/Hyd/2018 Page 9 & 460 to 464/Hyd/2023 (S.A. Nos.63 to 67/Hyd/2023

THE ANDHRA PRADESH STATE COOPERATIVE BANK LIMITED,HYDERABAD vs. ASST.COMMISSIONER OF INCOME TAX, CIRCLE-5(1), HYDERABAD

In the result, the S.As. filed by the assessee are dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

sections 36(1)(viia) and also 36(2)(v). The argument of the assessee that the entire claim for Bad Debts return of is to be allowed U/s. 36(1)(vii). Is also not acceptable for the reason that as per the proviso to Sec.36(1)(vii). ITA Nos.1796/Hyd/2017, 241/Hyd/2018 Page 9 & 460 to 464/Hyd/2023 (S.A. Nos.63 to 67/Hyd/2023

THE ANDHRA PRADESH STATE CO-OPERATIVE BANK LTD,VIJAYAWADA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4(1), HYDERABAD

In the result, the S.As. filed by the assessee are dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

sections 36(1)(viia) and also 36(2)(v). The argument of the assessee that the entire claim for Bad Debts return of is to be allowed U/s. 36(1)(vii). Is also not acceptable for the reason that as per the proviso to Sec.36(1)(vii). ITA Nos.1796/Hyd/2017, 241/Hyd/2018 Page 9 & 460 to 464/Hyd/2023 (S.A. Nos.63 to 67/Hyd/2023

THE ANDHRA PRADESH STATE CO-OPERATIVE BANK LTD,VIJAYAWADA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4(1), HYDERABAD

In the result, the S.As. filed by the assessee are dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

sections 36(1)(viia) and also 36(2)(v). The argument of the assessee that the entire claim for Bad Debts return of is to be allowed U/s. 36(1)(vii). Is also not acceptable for the reason that as per the proviso to Sec.36(1)(vii). ITA Nos.1796/Hyd/2017, 241/Hyd/2018 Page 9 & 460 to 464/Hyd/2023 (S.A. Nos.63 to 67/Hyd/2023

THE ANDHRA PRADESH STATE CO OPERATIVE BANK LIMITED,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-4(1), HYDERABAD

In the result, the S.As. filed by the assessee are dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

sections 36(1)(viia) and also 36(2)(v). The argument of the assessee that the entire claim for Bad Debts return of is to be allowed U/s. 36(1)(vii). Is also not acceptable for the reason that as per the proviso to Sec.36(1)(vii). ITA Nos.1796/Hyd/2017, 241/Hyd/2018 Page 9 & 460 to 464/Hyd/2023 (S.A. Nos.63 to 67/Hyd/2023

THE ANDHRA PRADESH STATE CO-OPERATIVE BANK LTD,VIJAYAWADA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5(1), HYDERABAD

In the result, the S.As. filed by the assessee are dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

sections 36(1)(viia) and also 36(2)(v). The argument of the assessee that the entire claim for Bad Debts return of is to be allowed U/s. 36(1)(vii). Is also not acceptable for the reason that as per the proviso to Sec.36(1)(vii). ITA Nos.1796/Hyd/2017, 241/Hyd/2018 Page 9 & 460 to 464/Hyd/2023 (S.A. Nos.63 to 67/Hyd/2023

UNION BANK OF INDIA (ERSTWHILE-ANDHRA BANK),MUMBAI vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-1(1), HYDERABAD

In the result, the appeal of revenue is partly allowed for statistical purposes

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

section 36(1)(viia) in respect of non-rural advances, nor was such a situation before the Court. In the present case, the assessee has already claimed deduction 36(1)(viia) of the Act by creating provision for non-rural advances and has simultaneously wants to claim write-off of non-rural debts as deduction again u/s 36(1

DY. COMMISSIONER OF INCOME TAX , CIRCLE-1(1), HYDERABAD vs. ANDHRA BANK , HYDERABAD

In the result, appeal filed by the assessee in ITA

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.350 & 351/Hyd/2018 (निर्धारण वर्ा/Assessment Year: 2013-14 & 2014-15) Dy. C. I. T. Vs. Andhra Bank Circle-1(1) Hyderabad Hyderabad [Pan : Aabca7375C] (Appellant) (Respondent) आ.अपी.सं /Ita No.364 & 365/Hyd/2018 (निर्धारण वर्ा/Assessment Year: 2013-14 & 2014-15) Union Bank Of India Vs. Dy. C. I. T. (Erstwhile Andhra Bank) Circle-1(1) Mumbai Hyderabad [Pan : Aaacu0564G (Aabca7375C)] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S.Ananthan & Smt.Lalitha Rameswaran, Ar रधजस् व द्वधरध/Revenue By: Shri K.Meghnath Chowhan, Cit-Dr सुिवधई की तधरीख/Date Of 05/11/2024 Hearing: घोर्णध की तधरीख/Date Of 24/01/2025 Pronouncement: आदेश/Order Per Manjunatha G., A.M

5. The Revenue has raised the following grounds of appeal in ITA No.350/Hyd/2018: (i) The order of the Ld.CIT(A) is erroneous on facts as well as in law. (ii) The Ld. CIT(A) erred in deleting the addition of Rs.318,94,43,853/- made by the Assessing Officer on account of disallowance of excess claim of deduction under sec.36

UNION BANK OF INDIA,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-1(1), HYDERABAD

In the result, appeal filed by the assessee in ITA

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.350 & 351/Hyd/2018 (निर्धारण वर्ा/Assessment Year: 2013-14 & 2014-15) Dy. C. I. T. Vs. Andhra Bank Circle-1(1) Hyderabad Hyderabad [Pan : Aabca7375C] (Appellant) (Respondent) आ.अपी.सं /Ita No.364 & 365/Hyd/2018 (निर्धारण वर्ा/Assessment Year: 2013-14 & 2014-15) Union Bank Of India Vs. Dy. C. I. T. (Erstwhile Andhra Bank) Circle-1(1) Mumbai Hyderabad [Pan : Aaacu0564G (Aabca7375C)] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S.Ananthan & Smt.Lalitha Rameswaran, Ar रधजस् व द्वधरध/Revenue By: Shri K.Meghnath Chowhan, Cit-Dr सुिवधई की तधरीख/Date Of 05/11/2024 Hearing: घोर्णध की तधरीख/Date Of 24/01/2025 Pronouncement: आदेश/Order Per Manjunatha G., A.M

5. The Revenue has raised the following grounds of appeal in ITA No.350/Hyd/2018: (i) The order of the Ld.CIT(A) is erroneous on facts as well as in law. (ii) The Ld. CIT(A) erred in deleting the addition of Rs.318,94,43,853/- made by the Assessing Officer on account of disallowance of excess claim of deduction under sec.36

DY. COMMISSIONER OF INCOME TAX , CIRCLE-1(1), HYDERABAD vs. ANDHRA BANK , HYDERABAD

In the result, appeal filed by the assessee in ITA

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.350 & 351/Hyd/2018 (निर्धारण वर्ा/Assessment Year: 2013-14 & 2014-15) Dy. C. I. T. Vs. Andhra Bank Circle-1(1) Hyderabad Hyderabad [Pan : Aabca7375C] (Appellant) (Respondent) आ.अपी.सं /Ita No.364 & 365/Hyd/2018 (निर्धारण वर्ा/Assessment Year: 2013-14 & 2014-15) Union Bank Of India Vs. Dy. C. I. T. (Erstwhile Andhra Bank) Circle-1(1) Mumbai Hyderabad [Pan : Aaacu0564G (Aabca7375C)] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S.Ananthan & Smt.Lalitha Rameswaran, Ar रधजस् व द्वधरध/Revenue By: Shri K.Meghnath Chowhan, Cit-Dr सुिवधई की तधरीख/Date Of 05/11/2024 Hearing: घोर्णध की तधरीख/Date Of 24/01/2025 Pronouncement: आदेश/Order Per Manjunatha G., A.M

5. The Revenue has raised the following grounds of appeal in ITA No.350/Hyd/2018: (i) The order of the Ld.CIT(A) is erroneous on facts as well as in law. (ii) The Ld. CIT(A) erred in deleting the addition of Rs.318,94,43,853/- made by the Assessing Officer on account of disallowance of excess claim of deduction under sec.36

UNION BANK OF INDIA (ERSTWHILE- ANDHRA BANK),MUMBAI vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-1(1), HYDERABAD

In the result, appeal filed by the assessee in ITA

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.350 & 351/Hyd/2018 (निर्धारण वर्ा/Assessment Year: 2013-14 & 2014-15) Dy. C. I. T. Vs. Andhra Bank Circle-1(1) Hyderabad Hyderabad [Pan : Aabca7375C] (Appellant) (Respondent) आ.अपी.सं /Ita No.364 & 365/Hyd/2018 (निर्धारण वर्ा/Assessment Year: 2013-14 & 2014-15) Union Bank Of India Vs. Dy. C. I. T. (Erstwhile Andhra Bank) Circle-1(1) Mumbai Hyderabad [Pan : Aaacu0564G (Aabca7375C)] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S.Ananthan & Smt.Lalitha Rameswaran, Ar रधजस् व द्वधरध/Revenue By: Shri K.Meghnath Chowhan, Cit-Dr सुिवधई की तधरीख/Date Of 05/11/2024 Hearing: घोर्णध की तधरीख/Date Of 24/01/2025 Pronouncement: आदेश/Order Per Manjunatha G., A.M

5. The Revenue has raised the following grounds of appeal in ITA No.350/Hyd/2018: (i) The order of the Ld.CIT(A) is erroneous on facts as well as in law. (ii) The Ld. CIT(A) erred in deleting the addition of Rs.318,94,43,853/- made by the Assessing Officer on account of disallowance of excess claim of deduction under sec.36

DCIT, CIRCLE-13(1), HYDERABAD vs. THE SINGARENI COLLIERIES COMPANY LIMITED, KOTHAGUDEM

5) would become\nfalsified and would stand to be nullified.\n11. Now so far as the reliance placed upon the decision of\nthis Court in the case of G.M. Knitting Industries Pvt.\nLtd. (supra), relied upon by the learned counsel appearing on\nbehalf of the assessee is concerned, Section 10B (8) is an\nexemption provision which cannot be compared with

DCIT, CENTRAL CIRLCE-2(1), HYD, HYDERABAD vs. HES INFRA PVT LTD., HYD, HYDERABAD

In the result, the appeal of Revenue in ITA

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

section 80AC and 80A(5) in support of the case of the revenue. 7.1. Further, it was submitted by the ld. DR that the Assessing Officer was correct in disallowing the claim of 80IA as the assessee was not the owner of the infrastructural facilities laid / installed / created by it. In fact, the owner of the said infrastructural facilities were