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

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

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

Section 80IA(4)(1) of the Act. This is further\nfortified by the provisions of Section 80IA(4) of the Act and as per the\nproviso, the deduction is allowed to a successor entity in case one\nenterprise developed such infrastructure facility and after\ndevelopment, transfer such infrastructure facility to another Enterprise\nfor the purpose of operating and maintaining

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

Bench: Justice (Retd.) C.V. Bhadang, Shri Mahavir Singh & Shri G. Manjunatha

80A(5) of the Act and fresh claim can be made towards deduction under Section 80IA(4) of the Act. He further referring to the provisions of Section 80AC submitted that as per the said provision, no deduction under Section 80IA shall be allowed to assessee unless he furnishes a return of income for such assessment year on or before

DY. COMMISSIONER OF INCOME TAX , CIRCLE-3(1), HYDERABAD vs. SEW INFRASTRUCTURE LIMITED , HYDERABAD

In the result appeals filed by the Revenue\nITA

disallowing such claims had also\ntaken support from the decision of Hon'ble Supreme Court\nin the case of Goetze (India) Ltd. Vs. CIT (supra), wherein\nit has been laid down that the AO cannot entertain a\nclaim for deduction otherwise than by filing a revised\nreturn. Since the assessee neither made any such\nclaim in the original return filed

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

Section 80IA(4)(1) of the Act. This is further\nfortified by the provisions of Section 80IA(4) of the Act and as per the\nproviso, the deduction is allowed to a successor entity in case one\nenterprise developed such infrastructure facility and after\ndevelopment, transfer such infrastructure facility to another Enterprise\nfor the purpose of operating and maintaining

DY.COMMISSIONER OF INCOME TAX, CIRCLE 2(2), HYDERBAD vs. SEW INFRASTUCTURE LIMITED, HYDERABAD

disallowing such claims had also\ntaken support from the decision of Hon'ble Supreme Court\nin the case of Goetze (India) Ltd. Vs. CIT (supra), wherein\nit has been laid down that the AO cannot entertain a\nclaim for deduction otherwise than by filing a revised\nreturn. Since the assessee neither made any such\nclaim in the original return filed

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

section 80A(5) r.w.s. 80AC. The AO while disallowing the claim also observed that the appellant is a works contractor

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

section 80A(5) r.w.s. 80AC. The AO while disallowing the claim also observed that the appellant is a works contractor

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

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

Section 80A deduction is allowed in respect of profits & gains from industrial undertaking engaged in infrastructure development to the extent of 100% of profits & gains derived from such business for ten consecutive years. As admitted by the AR, there was a loss under the head ‘income from business/profession' of Rs.3,89,90,962/- dung the year. Since there

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

Section 80A deduction is allowed in respect of profits & gains from industrial undertaking engaged in infrastructure development to the extent of 100% of profits & gains derived from such business for ten consecutive years. As admitted by the AR, there was a loss under the head ‘income from business/profession' of Rs.3,89,90,962/- dung the year. Since there

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

Section 80A deduction is allowed in respect of profits & gains from industrial undertaking engaged in infrastructure development to the extent of 100% of profits & gains derived from such business for ten consecutive years. As admitted by the AR, there was a loss under the head ‘income from business/profession' of Rs.3,89,90,962/- dung the year. Since there

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

Section 80A deduction is allowed in respect of profits & gains from industrial undertaking engaged in infrastructure development to the extent of 100% of profits & gains derived from such business for ten consecutive years. As admitted by the AR, there was a loss under the head ‘income from business/profession' of Rs.3,89,90,962/- dung the year. Since there

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

Section 80A deduction is allowed in respect of profits & gains from industrial undertaking engaged in infrastructure development to the extent of 100% of profits & gains derived from such business for ten consecutive years. As admitted by the AR, there was a loss under the head ‘income from business/profession' of Rs.3,89,90,962/- dung the year. Since there

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

Section 80A deduction is allowed in respect of profits & gains from industrial undertaking engaged in infrastructure development to the extent of 100% of profits & gains derived from such business for ten consecutive years. As admitted by the AR, there was a loss under the head ‘income from business/profession' of Rs.3,89,90,962/- dung the year. Since there

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

Section 80A deduction is allowed in respect of profits & gains from industrial undertaking engaged in infrastructure development to the extent of 100% of profits & gains derived from such business for ten consecutive years. As admitted by the AR, there was a loss under the head ‘income from business/profession' of Rs.3,89,90,962/- dung the year. Since there

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

Section 80A deduction is allowed in respect of profits & gains from industrial undertaking engaged in infrastructure development to the extent of 100% of profits & gains derived from such business for ten consecutive years. As admitted by the AR, there was a loss under the head ‘income from business/profession' of Rs.3,89,90,962/- dung the year. Since there