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

disallowance of\nthe claim of deduction of the assessee company of Rs. 24,35,05,411/-\nraised under section 801A of the Act in respect of profits derived from\npower generation units.\n20.\nShri. Narendra Naik, Ld. CIT-DR, relied on the assessment order\nregarding declining of the claim for deduction under section 801A of the\nAct of the assessee

ACIT., CIRCLE-8(1), HYDERABAD vs. NCC HES JV, MADHAPUR

In the result, all the appeals of the Revenue are dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

section 80IA of the Act deduction (supra). We are afraid that such a liberal interpretation would amount to going against the stricter interpretation principle in view of honourable apex court decision (supra). We accordingly conclude both the learned lower authorities have rightly disallowed assessee's 80IA deduction claim involving varying sum(s) (supra) in their respective orders. The same stands

ACIT., CENTRAL CIRCLE-2(2), HYDERABAD vs. M/S KMC CONSTRUCTIONS LTD, HYDERABAD

801A of Rs.84,58,55,948/- is deleted and disallowance of deduction for Rs. Rs.33,55,988/- is confirmed. The grounds of appeal no 3, 4 and 5 are partly allowed.\n6. 6. In ground of appeal no 2 the appellant has contested that the Assessing Officer erred in adopting the income determined u/s 143(1) of the Act without

ACIT., CIRCLE-8(1), HYDERABAD vs. NCC HES JV, HYDERABAD

In the result, all the appeals of the Revenue are dismissed

section 801A of the Act\ndecision (supra). We are afraid that such a liberal interpretation would\namount to going against the stricter interpretation principle in view of\nhonourable apex court decision (supra). We accordingly conclude both the\nlearned lower authorities have rightly disallowed assessee's 801A\ndeduction claim involving varying sum(s) (supra) in their respective\norders. The same stands

PRATHIMA INFRASTRUCTURE LIMITED,HYDERABAD vs. ACIT., CENTRAL CIRCLE - 2(4), HYDERABAD

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

Bench: Shri Manjunatha G. Hon’Ble & Shri K. Narasimha Chary, Hon’Bleassessment Year – 2017-18 Prathima Infrastructure Limited, Vs. The Assistant Commissioner Of Income Tax, Filmnagar, Central Circle – 2(4), Hyderabad. Hyderabad. Pan : Aabcp2098P. (Respondent) (Appellant) Assessee By: Shri K.C.Devdas, Ca Revenue By: Shri B. Bala Krishna, Cit-Dr Date Of Hearing: 10.10.2024 Date Of Pronouncement: 27.11.2024

801A(4) of the Act is not fulfilled. The work contract Pranahitha-Chevella Lift irrigation scheme link-IV, package No.10 is actually awarded to M/s.HCC-MEIL-BHEL(Joint Venture) from the Government of Andhra Pradesh, Irrigation & C.A.D. Department vide Agreement No.06/2008-09 dated 02/12/2008. Hence, as per the provisions of section 80IA(4) of the Act, the Joint Venture being a separate entity

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE2-(2), HYDERABAD vs. SUSHEE INFRA & MINING LIMITED, HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी प्रत्‍यर्थी / Ita No. / A.Y. / Appellant / Respondent

7,82,66,352/- and deleted the balance of Rs. 23,47,99,054/-. Page 13 of 37 M/s. Sushee Infra & Mining Limited, batch 26. On a perusal of the record including the orders of the both the authorities below, we find that an identical issue had arisen in the assessment year 2014-15 and in the foregoing paragraphs, after

SUSHEE INFRA & MINING LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2(2), HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी प्रत्‍यर्थी / Ita No. / A.Y. / Appellant / Respondent

7,82,66,352/- and deleted the balance of Rs. 23,47,99,054/-. Page 13 of 37 M/s. Sushee Infra & Mining Limited, batch 26. On a perusal of the record including the orders of the both the authorities below, we find that an identical issue had arisen in the assessment year 2014-15 and in the foregoing paragraphs, after

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2(2), HYDERABAD vs. SUSHEE INFRA & MINING LIMITED, HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी प्रत्‍यर्थी / Ita No. / A.Y. / Appellant / Respondent

7,82,66,352/- and deleted the balance of Rs. 23,47,99,054/-. Page 13 of 37 M/s. Sushee Infra & Mining Limited, batch 26. On a perusal of the record including the orders of the both the authorities below, we find that an identical issue had arisen in the assessment year 2014-15 and in the foregoing paragraphs, after

SUSHEE INFRA & MINING LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2(2), HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी प्रत्‍यर्थी / Ita No. / A.Y. / Appellant / Respondent

7,82,66,352/- and deleted the balance of Rs. 23,47,99,054/-. Page 13 of 37 M/s. Sushee Infra & Mining Limited, batch 26. On a perusal of the record including the orders of the both the authorities below, we find that an identical issue had arisen in the assessment year 2014-15 and in the foregoing paragraphs, after

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE2-(2), HYDERABAD vs. SUSHEE INFRA & MINING LIMITED, HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी प्रत्‍यर्थी / Ita No. / A.Y. / Appellant / Respondent

7,82,66,352/- and deleted the balance of Rs. 23,47,99,054/-. Page 13 of 37 M/s. Sushee Infra & Mining Limited, batch 26. On a perusal of the record including the orders of the both the authorities below, we find that an identical issue had arisen in the assessment year 2014-15 and in the foregoing paragraphs, after

SUSHEE INFRA & MINING LIMITED,HYDERABAD vs. DCIT, CIRCLE -2(2), HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी प्रत्‍यर्थी / Ita No. / A.Y. / Appellant / Respondent

7,82,66,352/- and deleted the balance of Rs. 23,47,99,054/-. Page 13 of 37 M/s. Sushee Infra & Mining Limited, batch 26. On a perusal of the record including the orders of the both the authorities below, we find that an identical issue had arisen in the assessment year 2014-15 and in the foregoing paragraphs, after

SUSHEE INFRA & MINING LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2(2), HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी प्रत्‍यर्थी / Ita No. / A.Y. / Appellant / Respondent

7,82,66,352/- and deleted the balance of Rs. 23,47,99,054/-. Page 13 of 37 M/s. Sushee Infra & Mining Limited, batch 26. On a perusal of the record including the orders of the both the authorities below, we find that an identical issue had arisen in the assessment year 2014-15 and in the foregoing paragraphs, after

SUSHEE INFRA & MINING LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-(2), HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी प्रत्‍यर्थी / Ita No. / A.Y. / Appellant / Respondent

7,82,66,352/- and deleted the balance of Rs. 23,47,99,054/-. Page 13 of 37 M/s. Sushee Infra & Mining Limited, batch 26. On a perusal of the record including the orders of the both the authorities below, we find that an identical issue had arisen in the assessment year 2014-15 and in the foregoing paragraphs, after

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE2-(2), HYDERABAD vs. SUSHEE INFRA & MINING LIMITED, HYDERABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी प्रत्‍यर्थी / Ita No. / A.Y. / Appellant / Respondent

7,82,66,352/- and deleted the balance of Rs. 23,47,99,054/-. Page 13 of 37 M/s. Sushee Infra & Mining Limited, batch 26. On a perusal of the record including the orders of the both the authorities below, we find that an identical issue had arisen in the assessment year 2014-15 and in the foregoing paragraphs, after

SABIR , SEW & PRASAD JV,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-6(1), HYDERABAD

In the result, all the appeals of the assessee are allowed

disallowance of the claim under Section 80IA\nafter the search proceedings carried out on the searched person\nwhen no incriminating material was found disclosing the\nescapement of income as required u/s 153C of the Act.\n8.\nPer contra, Ld.DR submitted that in the present case, the search\nwas carried out in the premises of the searched person on\n06.11.2017

SANGHI INDUSTRIES LIMITED,HYDERABAD vs. DCIT, CIRCLE -3 (1), HYDERABAD

In the result, the appeal of the assessee is dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

Disallowance of CSR expenses of Rs. 1,42,97,133/- against the returned income of Rs. 50,81,16,931/-. 2.1 Feeling aggrieved, the assessee raised certain objections before the Ld. DRP. The Ld. DRP, after considering the submissions of the assessee and also going through the material available on record, dismissed the objections raised by the assessee. Thereafter

DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(1), HYDERABAD vs. KOYA AND COMPANY CONSTRUCTION LIMITED , HYDERABAD

section 801A of the Act.\n4.\nAggrieved with such assessment orders, assessee filed\nappeals before the LD.CIT(A), who granted part relief to the\nassessee by passing common order dt.15.03.2019, wherein it was\nheld as under :\n“6.......\nTo sum up, the appellant is eligible for all the projects as claimed for\ndeduction u/s. 801A but for the Narayanpet project

CELESTIAL AVENUES PVT LTD REP. BY CSK PROPERTIES PVT LTD ON MERGER-PAN-AADCC3990R,HYDERABAD. vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE -1(2), HYDERABAD.

In the result, all the appeals of the assessee are allowed

Bench: Shri Laliet Kumar, Hon’Ble & Shri G. Manjunatha G, Hon’Bleआ.अपी.सं / Ita Nos.212 To 214/Hyd/2019 (निर्धारण वर्ा / Assessment Years: 2006-07, 2007-08 & 2008-09) M/S. Sabir, Sew & The Deputy Commissioner Of Prasad, Jv, Vs. Income Tax, Hyderabad. Circle – 6(1), Hyderabad. Pan : Abcfs2425A अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent

section 801A(4) of the Act in the statute by the legislature was to achieve rapid growth in the infrastructure development of the country by drawing additional resources both financial and technical with private participation. This particular intention of the legislature has been clearly highlighted by the Hon'ble ITAT in the case of M/s. Ramky Infrastructure Limited (supra

DY.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), HYDERABAD vs. SEW INFRASTRUCTURE LIMITED, HYDERABAD

disallowance of deduction claimed u/s\n801A.\nV.\nWhether on the facts and circumstances of the case,\nand in law, the Id. CIT(A) failed to appreciate that in this\ncase already original assessment was completed u/s\n143(3) which has become final and it is not open for the\nassessee to use another proceedings under section\n153A