KAVERI POLYMERS,WARANGAL vs. DCIT, CENTRAL CIRCLE -1(3), HYDERABAD

In the result, the appeal of assessee is dismissed

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

additional income of Rs.99 lakhs on account of search only, Assessing Officer had initiated penalty proceedings u/s 271(1)(c) of the Act and passed

KAVERI INFRA PROJECT PVT LTD,WARANGAL vs. DCIT, CENTRAL CIRCLE-1(3),, HYDERABAD

In the result, the appeal of assessee in ITA

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

additional income of Rs.2,07,00,000/- on account of search only, Assessing Officer had initiated penalty proceedings u/s 271

KAVERI INFRA PROJECT PVT LTD,WARANGAL vs. DCIT, CENTRAL CIRCLE -1(3), HYDERABAD

In the result, the appeal of assessee in ITA

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

additional income of Rs.2,07,00,000/- on account of search only, Assessing Officer had initiated penalty proceedings u/s 271

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

In the result, the appeal of the assessee is dismissed, and the appeal of Revenue is allowed

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2011-12 Hindupur Bio-Energy Vs. The Deputy Commissioner Private Limited, Of Income Tax, Hyderabad. Circle 2(2), Hyderabad. Pan : Aabch0124J. (Appellant) (Respondent / Cross-Appellant) Assessment Year: 2011-12 The Deputy Commissioner Hindupur Bio-Energy Of Income Tax, Private Limited, Circle 2(2), Hyderabad. Hyderabad. Pan : Aabch0124J. (Appellant) (Respondent / Cross-Appellant) Assessee By: Shri M. Chandramouleswara Rao, C.A. Revenue By: Shri L.V. Bhaskara Reddy, Cit-Dr Date Of Hearing: 11.12.2023 Date Of Pronouncement: 21.12.2023

income u/s 68 of the Act and Rs.31,80,822/- u/s 14A of the Act. Thus, Assessing Officer completed the assessment u/s 143(3) of the Act. 3.1 With regard to the above additions, penalty proceedings u/s 271

DCIT, CIRCLE-2(2), HYDERABAD, HYDERABAD vs. HINDUPUR BIO-ENERGY PVT. LTD., HYD, HYDERABAD

In the result, the appeal of the assessee is dismissed, and the appeal of Revenue is allowed

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2011-12 Hindupur Bio-Energy Vs. The Deputy Commissioner Private Limited, Of Income Tax, Hyderabad. Circle 2(2), Hyderabad. Pan : Aabch0124J. (Appellant) (Respondent / Cross-Appellant) Assessment Year: 2011-12 The Deputy Commissioner Hindupur Bio-Energy Of Income Tax, Private Limited, Circle 2(2), Hyderabad. Hyderabad. Pan : Aabch0124J. (Appellant) (Respondent / Cross-Appellant) Assessee By: Shri M. Chandramouleswara Rao, C.A. Revenue By: Shri L.V. Bhaskara Reddy, Cit-Dr Date Of Hearing: 11.12.2023 Date Of Pronouncement: 21.12.2023

income u/s 68 of the Act and Rs.31,80,822/- u/s 14A of the Act. Thus, Assessing Officer completed the assessment u/s 143(3) of the Act. 3.1 With regard to the above additions, penalty proceedings u/s 271

MOOLA PADMAJA,HYDERABAD vs. ACIT CENTRAL CIRCLE-3(2), HYDERABAD

In the result, the appeals filed by the respective assessees are dismissed

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarassessment Year: 2012-13 Moola Padmaja Vs. Acit,Cc-3(2) 8-1-293/A/74/A 7Th Floor Dwaraka Nagar Colony Aaykar Bhawan Narayanamma Engineering Basheer Bagh College, Raidurg Hyderabad-500 004 Hyderabad-500 008 Pan : Aoipp2482B Assessment Year: 2012-13 Vinod Aerakula Vs Acit,Cc-3(2) B-109, Western Plaza 7Th Floor Hussain Shahwali Darha Aaykar Bhawan Shaikpet, Hyderabad Basheer Bagh Telangana Hyderabad-500 004 Pan : Aoopa5855R (Appellant) (Respondent) Assessee By: Shri K.C.Devdas, Ca Revenue By: Shri K.P.R.R.Murthy, Sr.Ar Date Of Hearing: 15.02.2023 Date Of Pronouncement: 22.02.2023 O R D E R Per Shri Rama Kanta Panda (A.M.): The Above Two Appeals Filed By The Respective Assessees Are Directed Against The Separate Orders Dated 31.03.2022 & 27.3.2022 Respectively Of The Learned Cit(A) (Appeals)-11, Hyderabad Relating To Ay 2012-13. Since Identical Grounds Have Been Raised By The Respective Assessees, Therefore, These Were Heard Together & Are Being Disposed Of By This Common Order For The Sake Of Convenience.

271(1)(c) of the I.T.Act. 6. Before the ld.CIT(A), the assessee made elaborate arguments. It was submitted that there was no addition made to the returned income and thus, there is no concealment and therefore, penalty is not leviable. It was argued that for levying penalty u/s

VINOD AERUKALA ,HYDERABAD vs. ACIT CENTRAL CIRCLE-3(2), HYDERABAD

In the result, the appeals filed by the respective assessees are dismissed

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarassessment Year: 2012-13 Moola Padmaja Vs. Acit,Cc-3(2) 8-1-293/A/74/A 7Th Floor Dwaraka Nagar Colony Aaykar Bhawan Narayanamma Engineering Basheer Bagh College, Raidurg Hyderabad-500 004 Hyderabad-500 008 Pan : Aoipp2482B Assessment Year: 2012-13 Vinod Aerakula Vs Acit,Cc-3(2) B-109, Western Plaza 7Th Floor Hussain Shahwali Darha Aaykar Bhawan Shaikpet, Hyderabad Basheer Bagh Telangana Hyderabad-500 004 Pan : Aoopa5855R (Appellant) (Respondent) Assessee By: Shri K.C.Devdas, Ca Revenue By: Shri K.P.R.R.Murthy, Sr.Ar Date Of Hearing: 15.02.2023 Date Of Pronouncement: 22.02.2023 O R D E R Per Shri Rama Kanta Panda (A.M.): The Above Two Appeals Filed By The Respective Assessees Are Directed Against The Separate Orders Dated 31.03.2022 & 27.3.2022 Respectively Of The Learned Cit(A) (Appeals)-11, Hyderabad Relating To Ay 2012-13. Since Identical Grounds Have Been Raised By The Respective Assessees, Therefore, These Were Heard Together & Are Being Disposed Of By This Common Order For The Sake Of Convenience.

271(1)(c) of the I.T.Act. 6. Before the ld.CIT(A), the assessee made elaborate arguments. It was submitted that there was no addition made to the returned income and thus, there is no concealment and therefore, penalty is not leviable. It was argued that for levying penalty u/s

SHAVVA SUDHEER REDDY,HYDERABAD vs. ACIT, CENTRAL CIRCLE-3(1), HYDERABAD

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

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2015-16

addition of undisclosed investment u/s. 69B of the IT Act of Rs. 36,50,000/- thereby assessing total income at Rs. 94,50,600/-. Were also initiated for Further, penalty proceedings u/s. 271

DCIT, CENTRAL CIRCLE-3(1), HYDERABAD vs. VARSITY EDUCATION MANAGEMENT PVT LTD, MUMBAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Manjunatha, G. & Shri Prakash Chand Yadavआ.अपी.सं /Ita No. 208/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2011-12) Deputy Commissioner Of Vs. Varsity Education Income Tax, Central Circle Management (P) Ltd 3(1) Hyderabad Hyderabad Pan:Aadcv6100E (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate A.V. Raghuram राज" व "ारा/Revenue By:: Shri B. Balakrishna, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 18/09/2024 घोषणा की तारीख/Pronouncement: 20/09/2024 आदेश/Order

income and hence penalty provisions u/s 271(1)(c) of the Act, are attracted and the quantum addition was upheld

MOHHAMAD WAJAHAT ALI KHAN,HYDERABAD vs. ITO, (INT TXNT)-1, HYDERABAD

In the result, all the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.532 To 534/Hyd/2023 (िनधा"रण वष" / Assessment Years: 2016-17& 2017-18) Shri Mohd. Wajahat Ali Vs. Income Tax Officer Khan (International Taxation)-1 Hyderabad Hyderabad Pan:Eampk7060N (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 21/05/2024 घोषणा की तारीख/Pronouncement: 21/05/2024

income. Therefore, in our considered opinion, the Assessing Officer is erred in concluding penalty proceedings u/s 271F of the I.T. Act for both the A.Ys. 9. As regard the penalty levied u/s 271(1)(b) of the I.T. Act for A.Y 2016-17, once again the addition

MOHHAMAD WAJAHAT ALI KHAN,HYDERABAD vs. ITO, (INT TXNT)-1, HYDERABAD

In the result, all the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.532 To 534/Hyd/2023 (िनधा"रण वष" / Assessment Years: 2016-17& 2017-18) Shri Mohd. Wajahat Ali Vs. Income Tax Officer Khan (International Taxation)-1 Hyderabad Hyderabad Pan:Eampk7060N (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 21/05/2024 घोषणा की तारीख/Pronouncement: 21/05/2024

income. Therefore, in our considered opinion, the Assessing Officer is erred in concluding penalty proceedings u/s 271F of the I.T. Act for both the A.Ys. 9. As regard the penalty levied u/s 271(1)(b) of the I.T. Act for A.Y 2016-17, once again the addition

MOHHAMAD WAJAHAT ALI KHAN,HYDERABAD vs. ITO, (INT TXNT)-1, HYDERABAD

In the result, all the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.532 To 534/Hyd/2023 (िनधा"रण वष" / Assessment Years: 2016-17& 2017-18) Shri Mohd. Wajahat Ali Vs. Income Tax Officer Khan (International Taxation)-1 Hyderabad Hyderabad Pan:Eampk7060N (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 21/05/2024 घोषणा की तारीख/Pronouncement: 21/05/2024

income. Therefore, in our considered opinion, the Assessing Officer is erred in concluding penalty proceedings u/s 271F of the I.T. Act for both the A.Ys. 9. As regard the penalty levied u/s 271(1)(b) of the I.T. Act for A.Y 2016-17, once again the addition

VENKATESHWAR REDDY ATTIGADA,HYDERABAD vs. ACIT., CIRCLE-8(1), HYDERABAD

In the result, appeals filed by the assessee for both the assessment years 2013-14 and 2016-17 are allowed

Bench: Shri Vijay Pal Rao (Vice President), Shri Manjunatha G. (Accountant Member)

addition of the differential amount of Rs.16,83,476/-. Against which, the AO has levied penalty u/s 271(1)(c) of the Act. It is pertinent to note that in the return of income

VENKATESHWAR REDDY ATIGADDA,HYDERABAD vs. ACIT., CIRCLE-8(1), HYDERABAD

In the result, appeals filed by the assessee for both the assessment years 2013-14 and 2016-17 are allowed

Bench: Shri Vijay Pal Rao (Vice President), Shri Manjunatha G. (Accountant Member)

addition of the differential amount of Rs.16,83,476/-. Against which, the AO has levied penalty u/s 271(1)(c) of the Act. It is pertinent to note that in the return of income

MADHUCON PROJECTS LTD, HYDERABAD,HYDERABAD vs. DCIT, CENTRAL CIRCLE-3, HYD, HYDERABAD

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

addition without cogent facts on the record. 14. The percentage of estimated Income taken on the basis of average and the same should be followed in the case of the assessee on gross receipts cannot be more than 3.98%, alternatively the income may be estimated at 6% of the gross receipts of the company.” Madhucon Projects Limited, Hyderabad. 16. From

MADHUCON PROJECTS LIMITED,HYDERABAD vs. DCIT., CENTRAL CIRCLE-3, HYDERABAD, HYDERABAD

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

addition without cogent facts on the record. 14. The percentage of estimated Income taken on the basis of average and the same should be followed in the case of the assessee on gross receipts cannot be more than 3.98%, alternatively the income may be estimated at 6% of the gross receipts of the company.” Madhucon Projects Limited, Hyderabad. 16. From

MADHUCON PROJECTS LIMITED,HYDERABAD vs. DCIT., CENTRAL CIRCLE-3, HYDERABAD, HYDERABAD

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

addition without cogent facts on the record. 14. The percentage of estimated Income taken on the basis of average and the same should be followed in the case of the assessee on gross receipts cannot be more than 3.98%, alternatively the income may be estimated at 6% of the gross receipts of the company.” Madhucon Projects Limited, Hyderabad. 16. From

MOHHAMAD WAJAHAT ALI KHAN ,HYDERABAD vs. INCOME TAX OFFICER (INT TAXN)-1, HYDERABAD

In the result, all the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita No. 848/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18) Shri Mohd. Wajahat Ali Vs. Income Tax Officer Khan (International Taxation)-1 Hyderabad Hyderabad Pan:Eampk7060N (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Srinath Sadanala, Dr सुनवाई की तारीख/Date Of Hearing: 28/10/2024 घोषणा की तारीख/Pronouncement: 28/10/2024 आदेश/Order

income. Therefore, in our considered opinion, the Assessing Officer is erred in concluding penalty proceedings u/s 271F of the I.T. Act for both the A.Ys. 9. As regard the penalty levied u/s 271(1)(b) of the I.T. Act for A.Y 2016-17, once again the addition

CHANDU VIJAYALAKSHMI,HYDERABAD vs. INCOME TAX OFFICER, WARD-11(1), HYDERABAD

In the result, appeal filed by the assessee is allowed

Bench: Shri Manjunatha, G.आ.अपी.सं /Ita No.805/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2016-17) Smt.Chandu Vijayalakshmi Vs. Income Tax Officer Hyderabad Ward 11(1) Pan:Aflpc2369E Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: N O N E राज" व "ारा/Revenue By:: Shri Aluru Venkata Rao, Dr सुनवाई की तारीख/Date Of Hearing: 17/09/2024 घोषणा की तारीख/Pronouncement: 17/09/2024 आदेश/Order

addition of Rs. 25,30,527/- to the returned income. 3. Thereafter, proceedings u/s 271(1)(c) of the I.T. Act, 1961 was initiated and called upon the assessee to explain as to why penalty