GUNTI ANIL KUMAR ,HYDERABAD vs. INCOME TAX OFFICER, WARD-9(2), HYDERABAD

In the result, appeal of the assessee is dismissed

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahusl.

section 271(1)(c) would not apply to proceedings u/s 153C of the Act. 15.3 Finally, the ld. AR of the assessee submitted that levy of penalty u/s 271(1)(c) read with Explanation 5A is invalid, without jurisdiction, bad in law and must be deleted. He relied on the following case law: 1. Heval Navinbhai Patel

GUNTI ASHWIN KUMAR ,HYDERABAD vs. INCOME TAX OFFICER, WARD-9(2), HYDERABAD

In the result, appeal of the assessee is dismissed

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahusl.

section 271(1)(c) would not apply to proceedings u/s 153C of the Act. 15.3 Finally, the ld. AR of the assessee submitted that levy of penalty u/s 271(1)(c) read with Explanation 5A is invalid, without jurisdiction, bad in law and must be deleted. He relied on the following case law: 1. Heval Navinbhai Patel

GUNTI PRASAD (HUF),HYDERABAD vs. INCOME TAX OFFICER, WARD-9(2), HYDERABAD

In the result, appeal of the assessee is dismissed

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahusl.

section 271(1)(c) would not apply to proceedings u/s 153C of the Act. 15.3 Finally, the ld. AR of the assessee submitted that levy of penalty u/s 271(1)(c) read with Explanation 5A is invalid, without jurisdiction, bad in law and must be deleted. He relied on the following case law: 1. Heval Navinbhai Patel

GUNTI PRASAD,HYDERABAD vs. INCOME TAX OFFICER, WARD-9(2), HYDERABAD

In the result, appeal of the assessee is dismissed

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahusl.

section 271(1)(c) would not apply to proceedings u/s 153C of the Act. 15.3 Finally, the ld. AR of the assessee submitted that levy of penalty u/s 271(1)(c) read with Explanation 5A is invalid, without jurisdiction, bad in law and must be deleted. He relied on the following case law: 1. Heval Navinbhai Patel

ACIT, CENTRAL CIRCLE-2(1), HYDERABAD vs. TRIDENT CHEMPHAR LIMITED, HYDERABAD

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

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2017-18 Asst. Commissioner Of Income Vs. M/S. Trident Chemphar Ltd. Hyderabad. Tax, Central Circle – 2(1), Pan : Aaeft8416H. Hyderabad. (Appellant) (Respondent) Assessee By: Shri B.G. Reddy Revenue By: Shri Rajendra Kumar – Cit-Dr Date Of Hearing: 09.01.2023 Date Of Pronouncement: 09.01.2023

271], wherein it was held as under: "The main thrust in such a situation is whether the commission made to overseas agents, who are non-resident entities, and who render services only at such particular place, is assessable to tax. Sec. 195 very clearly speaks that unless the income is liable to be taxed in India, there is no obligation

ACIT, CIRCLE-2(2),, HYDERABAD vs. M/S KAKINADA SEZ PRIVATE LIMITED,, R.R.DIST

In the result, appeal of the Revenue is dismissed

Bench: Smt. P. Madhavi Devi & Shri A. Mohan Alankamony(Through Virtual Hearing) Assessment Year:2008-09 The Income Tax Officer, Vs. M/S. Kakinada Sez Pvt. Ward-2(1), Ltd., Hyderabad. Shamshabad. Pan: Aacck 5670 R (Appellant) (Respondent) Assessee By: Shri Ronak Doshi Revenue By: Shri Pathlavat Peerya, Dr Date Of Hearing: 06/10/2020 Date Of Pronouncement: 08/10/2020 Order Per A. Mohan Alankamony, Am.:

U/s. 271(1)(c) r.w.s 250(6) of the Act for the AY: 2008-09. 2. The Revenue has raised four grounds in its appeal however the crux of the issue is that the Ld. CIT (A) has erred in deleting the penalty levied by the Ld. AO for Rs. 2,07,11,990/- invoking the provisions of section 271

AMD RESEARCH & DEVELOPMENT CENTER INDIA PRIVATE LIMITED(NOW KNOWN AS AMD INDIA PRIVATE LIMITED),BANGALORE vs. JT. COMMISSIONER OF INCOME TAX, (INTERNATIONAL TAXATION), HYDERABAD

Appeals are allowed in above terms

Bench: Shri S.S. Godara & Shri Inturi Rama Rao

195 of the LT. Act. The appellant did not file any further appeal and accepted the finding of the Hon'ble ITAT, Hyderabad. Penalty proceedings u/s. 271C of the LT. Act were initiated by issuing a notice dt. 30.04.2015. During the course of penalty proceedings, the assessee filed explanation and final penalty order u/s. 271C

AMD RESEARCH & DEVELOPMENT CENTER INDIA PRIVATE LIMITED(NOW KNOWN AS AMD INDIA PRIVATE LIMITED),BANGALORE vs. JT. COMMISSIONER OF INCOME TAX, (INTERNATIONAL TAXATION), HYDERABAD

Appeals are allowed in above terms

Bench: Shri S.S. Godara & Shri Inturi Rama Rao

195 of the LT. Act. The appellant did not file any further appeal and accepted the finding of the Hon'ble ITAT, Hyderabad. Penalty proceedings u/s. 271C of the LT. Act were initiated by issuing a notice dt. 30.04.2015. During the course of penalty proceedings, the assessee filed explanation and final penalty order u/s. 271C

AMD RESEARCH & DEVELOPMENT CENTER INDIA PRIVATE LIMITED(NOW KNOWN AS AMD INDIA PRIVATE LIMITED),BANGALORE vs. JT. COMMISSIONER OF INCOME TAX, (INTERNATIONAL TAXATION), HYDERABAD

Appeals are allowed in above terms

Bench: Shri S.S. Godara & Shri Inturi Rama Rao

195 of the LT. Act. The appellant did not file any further appeal and accepted the finding of the Hon'ble ITAT, Hyderabad. Penalty proceedings u/s. 271C of the LT. Act were initiated by issuing a notice dt. 30.04.2015. During the course of penalty proceedings, the assessee filed explanation and final penalty order u/s. 271C

AMD RESEARCH & DEVELOPMENT CENTER INDIA PRIVATE LIMITED(NOW KNOWN AS AMD INDIA PRIVATE LIMITED),BANGALORE vs. JT. COMMISSIONER OF INCOME TAX, (INTERNATIONAL TAXATION), HYDERABAD

Appeals are allowed in above terms

Bench: Shri S.S. Godara & Shri Inturi Rama Rao

195 of the LT. Act. The appellant did not file any further appeal and accepted the finding of the Hon'ble ITAT, Hyderabad. Penalty proceedings u/s. 271C of the LT. Act were initiated by issuing a notice dt. 30.04.2015. During the course of penalty proceedings, the assessee filed explanation and final penalty order u/s. 271C

INCOME TAX OFFICER, WARD-2(1) , HYDERABAD vs. GAIAN SOLUTIONS INDIA PRIVATE LIMITED, HYDERABAD

In the result, the appeal of the Revenue is dismissed

Bench: Smt. P. Madhavi Devi

Penalty levied by the assessing officer under section 271(1)(c ) appeal is being preferred under section 246A of the Income Tax Act, 1961 as per the Grounds of Appeal separately enclosed. During the course of appellate proceedings the appellant submitted the following written submission as under: "With respect to the above cited subject, we hereby submit you following information

KRISHNA HARI GADDAM,HYDERABAD vs. ITO., WARD-12(1), HYDERABAD

In the result, appeal of the assessee is allowed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdiaआ.अपी.सं/Ita No.668/Hyd/2023 (नििाारण वर्ा/Assessment Year: 2020-21) Krishna Hari Gaddam, Vs. Income Tax Officer, Hyderabad Ward-12(1), [Pan No. Adepg7798Q] Hyderabad अपीलार्थी/Appellant प्रत् यर्थी/Respondent नििााररती द्वारा/Assessee By: Shri H. Srinivasulu, Ar राजस् व द्वारा/Revenue By: Shri Shakeer Ahamed, Dr सुिवाई की तारीख/Date Of Hearing: 29/04/2024 घोर्णा की तारीख/Pronouncement On: 30/04/2024 आदेश / Order Per Madhusudan Sawdia, A.M: The Captioned Appeal Filed By The Assessee Is Directed Against The Order Dated 02/11/2023 Passed By The Addl/Jcit(A)-5, Chennai, (“Ld. Cit(A)”) Relating To The Assessment Year (Ay) 2020-21. 2. Brief Facts Of The Case Are That The Assessee Was A Salaried Employee Of Karvy Stock Broking Limited. For The Year Under Consideration, The Assessee Fled His Return Of Income, Declaring A Total Income Of Rs. 86,10,680/- & Paid Total Income Tax Of Rs. 27,37,674/-, Consisting Of Tax Deducted At Source (“Tds”) Of Rs. 15,11,384/- & Self Assessment Tax Of Rs.12,26,290/-. The Cpc Bengluru (“Cpc”) In The Intimation U/S 143(1) Of The Income Tax Act, 1961 (“The Act”), Dt. 08/05/2021 Did Not Give Credit Of Rs. 13,50,000/- Out Of Total Tds Of Rs. 14,75,000/- Deducted By M/S. Karvy Stock Broking Limited U/S. 192 Of The Act, Contending That Form 26As Does Contains The Details Of Tds Of Rs. 13,50,000/- & Finally Raised A Demand Of Rs.14,17,500/-.

u/s. 192 of the Act, contending that Form 26AS does contains the details of TDS of Rs. 13,50,000/- and finally raised a demand of Rs.14,17,500/-. 3. Aggrieved, assessee preferred appeal before the First Appellate Authority. 4. Learned First Appellate Authority considering the facts of the case, dismissed the appeal of assessee, but simultaneously gave a direction

SPECTRA EQUIPMENT PRIVATE LIMITED,HYDERABAD vs. INCOME TAX OFFICER, WARD 3(1),, HYDERABAD

In the result, the appeal of the assessee is dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdiaassessment Year: 2017-18 Spectra Equipment Private Vs. The Income Tax Officer, Ward 3(1), Limited, Hyderabad. Hyderabad. Pan No.Aaccs8677C. (Appellant) (Respondent) Assessee By: Ms. Akanksha, C.A. For Shri Sunil Kumar Jain, C.A. Revenue By: Ms. Narmada, Cit-Dr For Shri Madan Mohan Meena, Sr.D.R. Date Of Hearing: 11.12.2024 Date Of Pronouncement: 18.12.2024

u/s 115BBE was 30%+3% Cess as on first day of the Previous-Year i.e. 01.04.2016, therefore the tax-rate of 30%+3% Cess shall apply to the present case and not the higher rate, hence the assessment-order does not cause prejudice to the interest of revenue. The reason of projecting such a claim by assessee is that

CHANDINI DUVVURI,HYDERABAD vs. ITO (INT TAXN)-1, HYDERABAD

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

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON’BLE (Accountant Member)

u/s 148, by the jurisdictional officer would render the subsequent assessment null and void, as per ratio laid down by Hon'ble Supreme Court in their latest case of Prakash Pandurang Patil in Special Leave Petition ( Civil) Diary No.39689 of 2025. 6. Any other ground that may be raised during the appellate proceedings with the kind prior permission from

VIRCHOW PETROCHEMICAL PRIVATE LIMITED,HYDERABAD vs. ACIT., CENTRAL CIRCLE-8(1), HYDERABAD

penalty under section\n271(1)(c) of the Act on 11/07/2025 was dropped in its new email account,\ni.e., \"accounts@virchowpetro.com”, therefore, in our view the same\nexplain the reason leading to the delay in filing the preset appeal, which,\nthus, merits to be condoned. Our aforesaid view that a liberal approach\nshould be taken while considering an application seeking condonation

VAGDEVI REDDY TANDUR,HYDERABAD vs. DCIT CIRCLE -5(1), HYDERABAD

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

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

195 of the Act on the payment made to non-resident and deposited the same into Government account on the very day of the transaction i.e.,on 08-04- 2019 vide challan No. 00015 of IDBI, Banjara Hills, Hyderabad. 7(a). The Ld.CIT (A) ought to have appreciated that there was no malafide intension, whatsoever, in filing the quarterly

DEMI REALTORS,HYDERABAD vs. DCIT, CIRCLE-6(1), HYDERABAD

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

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

penalty u/s 234B of the Act by observing that the cash seized should have been adjusted against the self assessment tax payable with the return of income. Thus, considering the totality of facts and circumstances of the case, we hold that interest charged u/s 234B of the Act in the peculiar facts and circumstances of the present case, deserves

SKANDA BUILDERS,KURNOOL vs. ACIT., CENTRAL CIRCLE-2(3), HYDERABAD

penalties. However, this argument fails to hold weight as during\n\nITA.Nos.514 to 539/Hyd./2025,\nAnd ITA.Nos.308 to 311/Hyd./2025.\n\n40\n\nthe search conducted under Section 132 of the Income Tax Act, the\nManaging Director and Tax Consultant of the appellant, made key\nadmissions acknowledging discrepancies in income reporting.\nThese admissions pertained to unrecorded cash transactions