SRIDHAR REDDY BAYAPU,HYDERABAD vs. DCIT., CIRCLE-3(1), HYDERABAD

Bench: Us:

section 54 of the Act contemplates two situations, viz., (i) investment of the LTCG arising on the transfer of the old residential house towards purchase of a new residential house within one year before or two years after the date of transfer of the old residential house; or (ii) investment of the LTCG arising on the transfer

SATYA SAYEE BABU DIVI,HYDERABAD vs. ACIT., CENTRAL CIRCLE-2(1), HYDERABAD

In the result, the appeal of the assesses is partly allowed

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1268/Hyd/2025 ("नधा"रण वष"/Assessment Year:2022-23) Satya Sayee Babu Divi, Vs. Acit, Hyderabad. Central Circle-2(1), Pan: Ayeps7457B Hyderabad. (Appellant) (Respondent) "नधा"रती "वारा/Assessee By: Shri Amrit Kumar Kota, Ca राज" व "वारा/Revenue By:: Ms. Payal Gupta, Sr.Ar सुनवाई क" तार"ख/Date Of Hearing: 09/02/2026 घोषणा क" तार"ख/Pronouncement: 13/02/2026 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Satya Sayee Babu Divi, (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”), Dated 25/06/2025 For The Assessment Year (“A.Y.”) 2022-23. 2. The Assessee Has Raised The Following Grounds Of Appeal:

section 22 of the Act, we are of the considered opinion that the assessee cannot be treated as the owner of the property at Lodha, Kukatpally during the year under consideration. Consequently, the addition of Rs.3,62,880/- made under the head “Income from House Property” is unsustainable. Hence, we direct the Ld. AO to delete the addition made

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

16,960/-\n(including LTCG).\n4.\nAggrieved, the assessee carried the matter in appeal before\nthe CIT(A), who found favour with the explanation of the assessee\nregarding his entitlement for exemption under Section 54F of the\nAct and allowed the appeal, observing as under:\nI have carefully perused the assessment order passed by the AO, grounds of appeal\nraised

INCOME TAX OFFICER, WARD-2(1), HYDERABAD vs. NARASIMHA REDDY DUTHALA, HYDERABAD

Bench: Shri Manjunatha G & Shri Ravish Sood

property continued to be shown as owned by the assessee. 4. Whether on the facts and circumstances of the case and in law, the CT(A) has erred is not considering the residential house purchased on 19.01.2021 in A.Y 2020-21, where in another 54F claim was made. 5. Without prejudice to the above contentions, CIT(A) ought to have

SURENDRA BABU SABBINENI,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2(2), HYDERABAD

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

Bench: Shri R.K. Panda & Shri K. Narasimha Charyassessment Year: 2010-11

section 263 proceedings, the AO obtained details of properties owned by the assessee and noticed that out of seven properties, two properties are not residential but the remaining five properties namely the house at Sai Praveen Kuteer, Flat No.1,4 and 204 at Sai Lakshmi Nilayam, Sherilingampalli at Hyderabad and Swastik Apartment at Siliguri are residential units and therefore

RACHIT V SHAH,HYDERABAD vs. ITO, WARD-7(3), HYDERABAD

In the result, the appeal of the assessee is dismissed

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

house by way of gift deed just prior to the effective date. Further, under sections 23 and 24 of the Indian Contract Act, 1872, when the object is to defeat any provisions of law, and when consideration is of such nature that, if permitted, it would defeat the provisions of any law, the contract will be void. In the present

DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(1), HYDERABAD vs. NSL RENEWABLE POWER PRIVATE LIMITED, HYDERABAD

In the result, the appeals of the revenue are partly allowed for statistical purposes in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

house property”, “Capital gains”, and “Income from other sources”, in the guise of claiming deduction towards profits/income derived from eligible business, leading to double deduction, i.e., firstly, by way of total exemption from tax and secondly, by claiming deduction of the same amount against income from other heads of income. 10. On the other hand, as seen from the language

DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(1), HYDERABAD vs. NSL RENEWABLE POWER PRIVATE LIMITED, HYDERABAD

In the result, the appeals of the revenue are partly allowed for statistical purposes in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

house property”, “Capital gains”, and “Income from other sources”, in the guise of claiming deduction towards profits/income derived from eligible business, leading to double deduction, i.e., firstly, by way of total exemption from tax and secondly, by claiming deduction of the same amount against income from other heads of income. 10. On the other hand, as seen from the language

GOWRI SHANKAR GUPTA,HYDERABAD vs. INCOME TAX OFFICER, WARD-2(3), HYDERABAD

section 294 of the Act. 11. For these and other grounds that may be urged at the time of hearing, appellant prays that the Hon'ble Tribunal may be pleased to delete the arbitrary additions made and upheld by the lower authorities. 3. Succinctly stated, the assessee had e-filed his return of income for the A.Y.2017-18 on 24.07.2017, declaring

NARSI REDDY KOMATIREDDY,HYDERABAD vs. SRIG. SANTOSH KUMAR, DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), HYDERABAD

In the result, the appeal is allowed

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

Section 53A of the Transfer of Property Act, 1882, as held by the Supreme Court in Shrimant Shamrao Suryavanshi vs. Prahlad Bhairoba Suryavanshi, the following conditions are required to be fulfilled: ITA Nos.120 & 121/Hyd/2021 15 “(1) there must be a contract to transfer for consideration of any immovable property; (2) the contract must be in writing, signed by the transferor

NARSI REDDY KOMATIREDDY,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(2), HYDERABAD

In the result, the appeal is allowed

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

Section 53A of the Transfer of Property Act, 1882, as held by the Supreme Court in Shrimant Shamrao Suryavanshi vs. Prahlad Bhairoba Suryavanshi, the following conditions are required to be fulfilled: ITA Nos.120 & 121/Hyd/2021 15 “(1) there must be a contract to transfer for consideration of any immovable property; (2) the contract must be in writing, signed by the transferor

HYDERABAD INFRATECH PRIVATE LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(2), HYDERABAD

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

Bench: Shri Ravish Sood & Shri Madhusudan Sawdia

house property'. We, accordingly, allow this appeal and set aside the judgment of the High Court and restore that of the Income Tax Appellate Tribunal. No orders as to costs.” 7.5 On perusal of above, we found that, the Hon’ble Supreme Court in that case has held that, where the main object of the company is letting out, then

INCOME TAX OFFICER, WARD-2(1), HYDERABAD vs. KSK WIND POWER SANKONAHATTI ATHNI PRIVATE LIMIED, HYDERABAD

In the result, all the four appeals of the Revenue are allowed

Bench: Shri A. Mohan Alankamony & Shri S.S. Godaraassessment Year: 2014-15 Income Tax Officer, Vs. Ksk Wind Energy Ward-2(1), Halagali Benchi Private Hyderabad. Limited, Hyderabad. Pan: Aaeck 1965 F (Appellant) (Respondent) Assessee By: Sri S. Rama Rao Revenue By: Sri Sunil Gowtham, Sr. Ar Assessment Year: 2014-15 Income Tax Officer, Vs. Ksk Wind Power Ward-2(1), Sankonahatti Athni Hyderabad. Private Limited, Hyderabad. Pan: Aaeck 1900 C (Appellant) (Respondent) Assessee By: Sri S. Rama Rao Revenue By: Sri Sunil Gowtham, Sr. Ar Assessment Year: 2014-15 Income Tax Officer, Vs. Ksk Wind Power Ward-2(1), Aminabhavi Chikodi Hyderabad. Private Limited, Hyderabad. Pan: Aaeck 1888 R (Appellant) (Respondent)

16. We have considered the rival submissions and also perused the material available on record. Admittedly the assessee is in the process of setting up of power project. For the purpose of setting up of the project the assessee has availed funds from banks. Admittedly, the assessee invested a part of the borrowed funds from banks, which was not immediately

INCOME TAX OFFICER, WARD-2(1), HYDERABAD vs. KSK WIND ENERGY HALAGALI BENCHI PRIVATE LIMIED , HYDERABAD

In the result, all the four appeals of the Revenue are allowed

Bench: Shri A. Mohan Alankamony & Shri S.S. Godaraassessment Year: 2014-15 Income Tax Officer, Vs. Ksk Wind Energy Ward-2(1), Halagali Benchi Private Hyderabad. Limited, Hyderabad. Pan: Aaeck 1965 F (Appellant) (Respondent) Assessee By: Sri S. Rama Rao Revenue By: Sri Sunil Gowtham, Sr. Ar Assessment Year: 2014-15 Income Tax Officer, Vs. Ksk Wind Power Ward-2(1), Sankonahatti Athni Hyderabad. Private Limited, Hyderabad. Pan: Aaeck 1900 C (Appellant) (Respondent) Assessee By: Sri S. Rama Rao Revenue By: Sri Sunil Gowtham, Sr. Ar Assessment Year: 2014-15 Income Tax Officer, Vs. Ksk Wind Power Ward-2(1), Aminabhavi Chikodi Hyderabad. Private Limited, Hyderabad. Pan: Aaeck 1888 R (Appellant) (Respondent)

16. We have considered the rival submissions and also perused the material available on record. Admittedly the assessee is in the process of setting up of power project. For the purpose of setting up of the project the assessee has availed funds from banks. Admittedly, the assessee invested a part of the borrowed funds from banks, which was not immediately

DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(1), HYDERABAD vs. L & T METRO RAIL (HYDERABAD) LIMITED, HYDERABAD

In the result, appeal of the Revenue is allowed

Bench: Shri A. Mohan Alankamony & Shri S.S. Godaraassessment Year: 2016-17 Dcit, Vs. L & T Metro Rail Circle-16(1), (Hyderabad) Limited, Hyderabad. Hyderabad. Pan: Aabcl 8521 D (Appellant) (Respondent) Assessee By: Shri Ashik Shah Revenue By: Sri B. Sunil Kumar, Dr Date Of Hearing: 25/10/2021 Date Of Pronouncement: 21/01/2022 Order Per A. Mohan Alankamony, Am.:

16. We have considered the rival submissions and also perused the material available on record. Admittedly the assessee is in the process of setting up of power project. For the purpose of setting up of the project the assessee has availed funds from banks. Admittedly, the assessee invested a part of the borrowed funds from banks, which was not immediately

CHALLA SATISH REDDY HUF,SECUNDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-10(1), HYDERABAD

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

Bench: Shri Rama Kanta Panda & Shri K.Narasimha Charyआ.अपी.सं / Ita No. 46/Hyd/2020 ( िनधा"रण वष" / Assessment Year: 2013-14 )

16,300/- after claiming exemption u/s.54EC of the Income tax Act, 1961 (“the Act”). During the course of assessment proceedings it was found that the assessee admitted an income of Rs.57,56,254/- from house property, Rs.1,31,84,565/- from capital gains and Rs.2,30,480/- from other sources. From their property called Challa Chambers, wherein the brother

THE SECUNDERBAD CLUB ,HYDERABAD vs. ITO WARD -10(2), HYDERABAD

Appeal is dismissed in above terms

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

16,126/- against income from house property and ‘other’ sources. The CIT(A)’s detailed discussion to this effect reads as under: “7.0 The main issue under dispute in this case is set off of loss incurred from the activities coming under the purview of principle of mutuality against the income which is not coming under the purview of mutuality

HIGHEND PROPERTIES PRIVATE LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(2), HYDERABAD

In the result, all these appeals are accordingly allowed in part

Bench: Shri Rama Kanta Panda & Shri K.Narasimha Charyआ.अपी.सं निर्धारण वर्ा अपीलधर्थी / Appellant प्रत्‍यर्थी / Respondent / Ita Nos. / A.Y. Deputy Commissioner 2284/Hyd/2018 2011-12 Of Income Tax, Circle-2(2), Hyderabad Income Tax Officer, 2285/Hyd/2018 2012-13 Ward-2(3), M/S. Highend Hyderabad Properties Pvt. Ltd., Assistant Hyderabad Commissioner Of [Pan: Aabch7130G] 2286/Hyd/2018 2013-14 Income Tax, Circle-2(2), Hyderabad Deputy Commissioner 2287/Hyd/2018 2014-15 Of Income Tax, Circle-2(2), Hyderabad निर्धाररती द्वधरध/Assessee By: Shri A.V. Raghuram, Ar रधजस्‍व द्वधरध/Revenue By: Shri Kumar Aditya, Dr सुिवधई की तधरीख/Date Of Hearing: 21/02/2023 घोर्णध की तधरीख/Pronouncement On: 29/03/2023 आदेश / Order Per K. Narasimha Chary, Jm: Aggrieved By The Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-Guntur & Hyderabad (“Ld. Cit(A)”), In The Case Of M/S. Highend Properties Pvt. Ltd., (“The Assessee”) For The Assessment Years 2011-12, 2012-13, 2013-14 & 2014-15, Assessees Preferred These

House Property cannot be equated to business income. We, however, are of the considered opinion that in commencement of business the assessee purchased the property and the rent is a by-product. We, therefore, accept the contention of the assessee that they have commenced their business. Page 7 of 10 M/s. Highend Properties Private Limited batch 15. In respect