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

Bench: Us:

6. On further appeal, the Appellate Tribunal reproducing Section 54 in its order found as follows: "A perusal of the above provision will show that it does not lay down that the construction of any house must be begun after the sale of the old residential house and that the sale proceeds of the old residential house must be used

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:

House Property” on the basis of notional/fair rental value in respect of various properties as under: Page 3 of 19 Satya Sayee Babu Divi Accordingly, the assessment was completed by the Ld. AO under section 143(3) of the Act vide order dated 30.03.2024 determining the total income of the assessee at Rs.2,62,97,189/-. 4. Aggrieved with

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

properties at S.No.2 to 6 fall under the category of residential houses and therefore, the case of the assessee is hit by proviso (a)(i) of section

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

section 54F of the Act, if he had more than one residential house in his name before investing. In the present case, the assessee has shown the house property income from two houses, namely, oneself occupied (at Door No.3-6-305/43,43/1, Avanthi Nagar, Basheerbagh, Hyderabad) and one let out (at Sy.No.52 & 53, Saheb Nagar, Khurd Village, LB Nagar, Hyderabad). However

DY. COMMISSIONER OF INCOME TAX , CIRCLE-3(1), HYDERABAD vs. MALAYADRI LAXMI NARASIMHAM MULLAPATI, HYDERABAD

In the result, the appeal of Revenue is allowed for statistical purposes

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

6. A plain reading of Section 54F(1) and 54F(4) shows that it speaks of the use of net consideration received on the sale of original asset in the purchase of new asset. In the instant case, the original assets were the assessee's house property

BOLLINENI KRISHNA KUMARI ,HYDERABAD vs. INCOME TAX OFFICER, WARD-11(3), HYDERABAD

In the result, the appeal of the assessee is dismissed

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

properties only. As per the provisions of section 54 F of the LT. Act deduction is not allowable if the assessee owns more than one residential house, other than the new asset, on the date of transfer of the original asset. Thus, the appellant is not entitled for deduction u/ s 54F. 5. We have gone through the order passed

DCIT., CIRCLE-8(1), HYDERABAD vs. DBS TECHNOLOGY SERVICES INDIA PRIVATE LIMITED, HYDERABAD

In the result, the appeal of the Revenue is allowed

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2019-20 Deputy Commissioner Of Vs. M/S. Dbs Technology Income Tax, Services India Private Circle – 8(1), Limited, Hyderabad. Hyderabad. Pan : Aafcd5584N (Appellant) (Respondent) C.O.No.2/Hyd/2023 Assessment Year 2019-20 Dbs Technology Services India Vs. Deputy Commissioner Of Private Limited, Income Tax, Circle – 8(1), Hyderabad. Hyderabad. Pan : Aafcd5584N (Cross Objector / (Appellant/Revenue) Respondent) Assessee By: Sri M. P. Lohia, C.A. Revenue By: Shri Jeevan Lal Lavidiya, Cit-Dr Date Of Hearing: 11.07.2023 Date Of Pronouncement: 21.07.2023 आदेश / O R D E R Per Laliet Kumar, Jm: The Appeal & Cross-Objection Filed By The Revenue For A.Y. 2019-20 Arise From The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi

6, who is not required to furnish a return under this sub-section and who at any time during the previous year,— (a) holds, as a beneficial owner or otherwise, any asset (including any financial interest in any entity) located outside India or has signing authority in any account located outside India; or (b) is a beneficiary of any asset

JOSEPH KIRAN KUMAR REDDY BASANI,HYDERABAD vs. DCIT., CIRCLE-5(1), HYDERABAD

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

Bench: Shri Manjunatha G. Hon’Ble & Shri K. Narasimha Chary Hon’Bleassessment Year: 2015-16 Vs. The Deputy Commissioner Of Joseph Kiran Kumar Reddy Income Tax, Basani, Circle 5(1), C/O. Pary & Co., Chartered Hyderabad. Accountants, No.6, 2Nd Floor, 8-2-703/Vj/6, Vijay Villa, Road No.12, Banjara Hills, Hyderabad – 500034, Telangana. Pan : Agcpb8082B. (Appellant) (Respondent) Assessee By: Shri Vamsi Krishna Reddy, C.A. Revenue By: Shri Karthik Manickam, Sr.Ar. Date Of Hearing: 29.10.2024 Date Of Pronouncement: 29.10.2024

6. The learned counsel for the assessee Shri Vamsi Krishna Reddy, C.A., submitted that the ld.CIT(A) erred in rejecting the claim of the assessee, even though the assessee has invested the entire amount of sale consideration received pursuant to the JDA dated 26-04-2012 for the purchase of another residential house property on 03-09-2014. The learned

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

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

6. It transpires that the return of a total income of Rs.244030 was filed for the assessment year in question that is assessment year 1983-1984 and the entire income was through letting out of the aforesaid two properties namely, “Chennai House” and “Firhavin Estate”. Thus, there is no other income of the assessee except the income from letting

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

6. The NFAC erred in confining itself to the figure appearing under schedule AL in the return of income since the said figure was mistakenly entered by the accountant ignoring the correct amount of Rs. 36,66,031/- available as opening cash in hand of the Appellant as on 01.04.2016. 7. The NFAC. erred in solely relying on the figure

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

6,55,38,794/- framed under section 54 of the Act as an escapement and to bring the same as long term capital gains. 5. After considering the written submissions dated 04/03/2020, learned PCIT passed the impugned order under section 263 of the Act, holding that the property sold cannot be considered as a residential house

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

6 of 10 M/s. Highend Properties Private Limited batch therein. It is not for the courts to give a meaning to an expression, which in fact was not intended by the parties. 13. We, therefore, hold that leasing out the property is not one of the objects of the business of assessee as could be culled out from the Memorandum

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

6 of 10 M/s. Highend Properties Private Limited batch therein. It is not for the courts to give a meaning to an expression, which in fact was not intended by the parties. 13. We, therefore, hold that leasing out the property is not one of the objects of the business of assessee as could be culled out from the Memorandum

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

6 of 10 M/s. Highend Properties Private Limited batch therein. It is not for the courts to give a meaning to an expression, which in fact was not intended by the parties. 13. We, therefore, hold that leasing out the property is not one of the objects of the business of assessee as could be culled out from the Memorandum

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

6 of 10 M/s. Highend Properties Private Limited batch therein. It is not for the courts to give a meaning to an expression, which in fact was not intended by the parties. 13. We, therefore, hold that leasing out the property is not one of the objects of the business of assessee as could be culled out from the Memorandum

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