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

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

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

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

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

GONUGUNTLA NIRMALA DEVI,ANANTAPUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, ANANTAPUR, ANANTAPUR

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

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

house property at Rs1,11,61,147/- and net income at Rs. 66,36,216/- as against the income shown at Rs.17,09,114/-. The AO has also added an amount of Rs. 54,54,000/- as unexplained investment under section 69C of the Act. The AO has further added an amount of Rs. 32,00,000/- as unexplained cash

HIMASAGAR KRISHNA MUTHAPPAGARI,TIRUPATI vs. ITO., WARD-2(3), TIRUPATI

Bench: Us.

house, therefore, no adverse inferences were liable to be drawn as regards his claim of exemption raised u/s 54F of the Act. Elaborating further, it was the assessee's claim that though as per the terms of the original “agreement to purchase” a Villa No. 48 was allotted to him by the builder, but thereafter due to some internal problems

HIGHEND PROPERTIES PRIVATE LIMITED ,HYDERABAD vs. INCOME TAX OFFICER, WARD-2(3), 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

HIGHEND PROPERTIES PRIVATE LIMITED,HYDERABAD vs. INCOME TAX OFFICER, WARD-2(3), 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

HIGHEND PROPERTIES PRIVATE LIMITED,HYDERABAD vs. INCOME TAX OFFICER, WARD-2(3), 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

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

NITIN BHATIA,HYDERABAD vs. ITO., WARD-12(1), HYDERABAD

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

Bench: Shri Ravish Sooda N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1472/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2018-19) Shri Nitin Bhatia Vs. Income Tax Officer Hyderabad Ward 12 (1) Pan:Akqpb1898R Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Ca Y.V Bhanu Narayan Rao राज" व "ारा/Revenue By:: Shri S. Arun Kumar, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 16/12/2025 घोषणा की तारीख/Pronouncement: 24/12/2025 आदेश/Order Per Madhusudan Sawdia, A.M.:

property within two years from the date of transfer of the original residential house, the substantive condition under section 54(1) of the Act stood fully complied with and that the denial of deduction of Rs. 22,51,617/- was solely on account of non-deposit of the unutilized amount in CGAS as contemplated under section

DCIT, CIRCLE-1(1), HYDERABAD, HYDERABAD vs. PRAKASH NIMMAGADDA, HYDERABAD, SECUNDERABAD

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita No.974/Hyd/2017 (िनधा"रण वष"/Assessment Year: 2008-09) Dy.Cit Vs. Shri Prakash Nimmagadda Circle 1(1) Hyderabad Hyderabad Pan:Acbpn4246R (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.C. Devdas, Ca राज" व "ारा/Revenue By:: Dr. Meghnath Chowhan, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 06/11/2024 घोषणा की तारीख/Pronouncement: 16/12/2024 आदेश/Order Per Vijay Pal Raothis Appeal Filed By The Revenue Is Directed Against The Order, Dated 20/03/2017 Of The Learned Cit (A)-9, Hyderabad, Relating To A.Y.2008-09. 2. The Revenue Has Raised The Following Grounds:

17 of 43 ITA No 974 of 2017 Prakash Nimmagadda Properties and Investments (P) Ltd, the details of the shares allotted are as under: Date of allotments Name of company Name of allottee No. of shares Price per share allotted 1/3/2008 Alpha Avenues N Prakash 33,53,000 10 Pvt Ltd 3/3/2008 -do- Cornerstone 4,16,666 360 Property Investment

AHMED ALAM KHAN,HYDERABAD vs. DEPUTY COMMISIONER OF INCOME TAX CIRCLE 2(1), HYDERABAD

In the result, appeal of the assessee is allowed

Bench: Shri S. Rifaur Rahman(Virtual Hearing) & Shri K.Narasimha Chary

section 54 of the Act, whether or not the long term capital gains was deposited in Page 8 of 11 any notified capital gains scheme, full details of construction of new property, namely, amount spent for construction of new property, date of commencement of construction, details of completion, approval of concerned authorities for such construction like clear plan of entire

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

In the result, appeal of Revenue and cross objection of the assessee are dismissed

Bench: Shri Inturi Rama Rao & Shri K.Narasimha Charyआ.अपी.सं / Ita No. 22/Hyd/2020 (निर्धारण वर्ा / Assessment Year: 2013-14) Deputy Commissioner Of M/S. Nsl Properties Private Income Tax, Vs. Limited, Circle-16(1), Hyderabad Hyderabad [Pan No. Aaccn7387G] (अपीलधर्थी / Appellant) (प्रत् यर्थी / Respondent)

house property”. On this premise, according to the learned Assessing Officer an amount of Rs. 8,17,02,757/- escaped assessment. Learned Assessing Officer, therefore, reopen the proceedings under section

SAHODHAR REDDY MUDDASANI,HYDERABAD vs. DCIT, CENTRAL CIRCLE-1(3), HYDERABAD

In the result, appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1619/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Shri Sahodhar Reddy Vs. Dy.Cit Muddasani Central Circle 1(3) Hyderabad Hyderabad Pan:Aelpm9122N (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Ca Shri C Maheshwar Reddy राज" व "ारा/Revenue By: Shri Sankar Pandi P, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 06/01/2026 घोषणा की तारीख/Pronouncement: 16/01/2026 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Sahodhar Reddy Muddasani (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”) Dated 24.09.2025 For The A.Y. 2016-17. 2. The Assessee Has Raised The Following Grounds Of Appeal:

house property. The assessee filed his return of income for the Assessment Year 2016–17 on 16.01.2018 declaring total income of Rs.5,85,350/-. A search and seizure operation under section

INCOME TAX OFFICER (INTERNATIONAL TAXATION)-1, HYDERABAD vs. ARUNA GULLAPALLI, HYDERABAD

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2017-18 Income Tax Officer, Vs. Aruna Gullapalli, (International Taxation) – 1, Hyderabad. Hyderabad. Pan No.Bfhpg9489L. (Appellant) (Respondent) Assessee By: Shri P. Murali Mohan Rao Revenue By: Shri Kumar Adithya Date Of Hearing: 23.01.2023 Date Of Pronouncement: 31.01.2023

house (Schedule B property) for total cost of Rs. 5,68,48,500/-. In lieu of the above, as per the agreement of sale, the purchaser has paid an amount of Rs3,05,00,000/- (Rupees Three crores and five lakhs only) towards earnest /advance sale consideration in favour of the vendor/developer of the second part as under

SURENDER KUMAR BHOJWANI,HYDERABAD vs. ITO, INTL. TAXTION -1, HYDERABAD

In the result, the appeal filed by the assessee is allowed for statistical purposes in terms of our aforesaid observations

property. According to the development agreement, the assesse was entitled to 48% of the super built-up area in the form of four residential flats. The Hon’ble High Court had held that the four residential flats constitute “a residential house” for the purpose of Section 54 of the Act. Also, we may herein observe that the Hon’ble High