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

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

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdia

reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during the course of search under section 132 or requisition under section 132A of the Act, 1961. However, the completed/unabated assessments can be re-opened

MADHUCON PROJECTS LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(1), HYDERABAD

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

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdia

reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during the course of search under section 132 or requisition under section 132A of the Act, 1961. However, the completed/unabated assessments can be re-opened

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), HYDERABAD vs. MADHUCON PROJECTS LIMITED, HYDERABAD

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

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdia

reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during the course of search under section 132 or requisition under section 132A of the Act, 1961. However, the completed/unabated assessments can be re-opened

ACIT CENTRAL CIRCLE-2(1), HYDERABAD vs. MADHUCON PROJECTS LIMITED, HYDERABAD

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

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdia

reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during the course of search under section 132 or requisition under section 132A of the Act, 1961. However, the completed/unabated assessments can be re-opened

S K G REFRACTORIES LIMITED, HYDERABAD,HYDERABAD vs. ACIT, CIRCLE-3(2), HYDERABAD, HYDERABAD

Appeal is dismissed in above terms

Bench: Shri A. Mohan Alankamony & Shri S.S. Godaraassessment Year: 2006-07 Skg Refractories Limited, Vs. The Asst. Commissioner Of Hyderabad – 500063. Income Tax, Circle 3(2), Pan : Aadcs4040G. Hyderabad. (Appellant) (Respondent) Assessee By: Shri Samuel Nagadesi. Revenue By: Shri T. Sunil Goutam. Date Of Hearing: 16.02.2022 Date Of Pronouncement: 18.02.2022 O R D E R Per S. S. Godara, J.M.

reassessment under section 147 rule with section 148 of the Act. In short, there does not exist any MISTAKE in the INTIMATION issued by the AO under section 143(1), much less the MISTAKE APPARENT FROM RECORD. Accordingly, such alleged MISTAKE is not self-evident and consequently, cannot be rectified under section 154.” 7.5 Since no details are available

COUNTRY CLUB HOSPITALITY & HOLIDAYS LIMITED,HYDERABAD vs. DCIT., CIRCLE-1(1), HYDERABAD

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

43B r.w.s. 2(24)(x) of the Income-tax Act, 1961. The Ld. CIT(A), after considering the relevant facts, has rightly sustained the addition 31 Country Club Hospitality & Holidays Limited made by the A.O. Thus, we are inclined to uphold the findings of the Ld. CIT(A) and reject the grounds taken by the assessee. 22. The next issue

INCOME TAX OFFICER, WARD-1, WARANGAL vs. SHIVA KUMAR THOTA, WARANGAL

In the result, the primary objection filed by the assessee vide his letter, dated 02/06/2025 is allowed while for the appeal filed by

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.996/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18) Income Tax Officer, Vs. Shiva Kumar Thota, Ward-1, Warangal. Warangal. Pan: Aaopt4519M (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.A. Sai Prasad, Ca राज" व "ारा/Revenue By: Mrs. U. Mini Chandran, Cit-Dr सुनवाई की तारीख/Date Of Hearing: 18/11/2025 घोषणा की तारीख/Date Of 10/12/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Revenue Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 06/08/2024 Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 147 R.W.S 144B Of The Income-Tax Act, 1961 (For Short, “The Act”), Dated 26/05/2023 For The Assessment Year 2017-18. The Revenue Has Assailed The Impugned Order On The Following Grounds Of Appeal Before Us:

43B of the Act: Rs. 6,08,694/-; and (v) addition of Rs.3,34,246/- on account of estimated profit on undisclosed sales: Rs.3,34,246/-, but at the same time declined the assessee’s claim regarding the validity of jurisdiction that was assumed by the AO, while initiating proceedings under section 148 of the Act. Accordingly

SHAKTI HORMANN PRIVATE LIMITED,HYDERABAD vs. DCIT, CIRCLE-3(1), HYDERABAD

Bench: Shri Manjunatha G.\Nand\Nshri Ravish Sood\Nआ.अपी.सं /Ita No.917/Hyd/2024\N(निर्धारण वर्ष/Assessment Year:2020-21)\Nshakti Hormann Private\Nlimited,\Nhyderabad.\Nvs. Dcit,\Ncircle-3(1),\Nhyderabad.\Npan: Aadcs4024Q\N(Appellant)\N(Respondent)\Nनिर्धारिती द्वारा / Assessee By: Shri P. Murali Mohan Rao,\Nca\Nराजस्व द्वारा / Revenue By: Ms. U. Mini Chandran,\Ncit-Dr\Nसुनवाई की तारीख /Date Of Hearing: 15/10/2025\Nघोषणा की तारीख / Date Of 19/12/2025\Npronouncement:\Nआदेश / Order\Nper. Ravish Sood, J.M:\Nthe Present Appeal Filed By The Assessee Company Is Directed\Nagainst The Final Assessment Order Passed By The Assessing Officer (For\Nshort, “A.O.”) Under Section 143(3) R.W.S 144C(13) R.W.S 144B Of The\Nincome Tax Act, 1961 (For Short, “The Act”) Dated 25/07/2024 For The\N Assessment Year (Ay) 2020-21. The Assessee Company Has Assailed\Nthe Impugned Order Passed By The Cit(A) On The Following Grounds Of\Nappeal Before Us:\N1. On The Facts & In The Circumstances Of The Case, The Final Assessment\Norder Passed U/S 143(3) R.W.S.144C(13) Of The Act Dated 25.07.2024 By\Nthe Ao & Also The Order Passed U/S 92Ca (3) Dt 30.07.2023 By The Tpo\Nare Bad In The Eyes Of Law & Thus, Unsustainable To The Test Of Appeal.\N2.0 The Final Assessment Order Passed U/S 143(3) R.W.S.144C(13) R.W.S.144B\Nis Beyond The Time Limit Prescribed U/S 153 Of The Act.\N2.

reassessment cannot\nbe read into Section 144C more particularly when the provisions\nof Section 153 are excluded by the non-obstante clause in\nsection 144C(13) and hence the proceedings are not barred by\nlimitation. Per contra, it has been contended by the learned\nsenior counsels appearing for the respondent(s)/assessees that\nthe outer time limit under Section

SHUBHAM TRADING COMPANY,NIZAMABAD vs. ITO., WARD 1, NIZAMABAD

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

43B of the Income Tax Act, 1961 (“the Act”) on account of payment of VAT of Rs.18,11,203/- and CST of Rs.44,043/-. To verify the genuineness of the said claim, the case of the assessee was reopened under section 147 of the Act. Accordingly, notice under section 148 was issued to the assessee on 23.03.2019. During reassessment

NETCRACKER TECHNOLOGY SOLUTIONS (INDIA) PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE - 5(1), HYDERABAD

In the result, the appeal filed by the assessee is allowed in terms of our observations given hereinabove

Bench: SHRI G. MANJUNATHA, HON’BLE (Accountant Member), SHRI RAVISH SOOD, HON’BLE (Judicial Member)

43B of the Act, with respect to payment of employee's contribution to PF/ESI having already been done by the appellant before due date of filing of return, the same cannot be termed as apparently incorrect claims from the information in the return. 19. On the facts and in the circumstances of the case and contrary

COUNTRY CLUB HOSPITALITY & HOLIDAYS LIMITED ,HYDERABAD vs. INCOME TAX OFFICERS ,WARD -1(2), HYDERABAD

In the result, appeal of the assessee is allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahuassessment Year: 2012-13 Country Club Hospitality & Vs. Income-Tax Officer, Ward Holidays Ltd., Hyderabad. – 1(2), Hyderabad. Pan – Aaacc 8276 B (Appellant) (Respondent) Assessee By: Shri P. Murali Mohan Rao Revenue By: Shri Rohit Mujumdar Date Of Hearing: 08/02/2022 Date Of Pronouncement: 17/02/2022

43B of the Act. 5. Aggrieved by the order of AO, the assessee preferred an appeal before the CIT(A) and filed elaborate written submissions along with case law, which were extracted by the CIT(A) in his order at pages 4 to 10. After considering the submissions of the assessee, the CIT(A) upheld the disallowances made

FLYTECH AVIATION LIMITED,SECUNDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(3), HYDERABAD

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

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2007-08 Flytech Aviation Limited, Vs. Asst.Commissioner Of Secunderabad. Income Tax, Circle 1(3), Pan : Aaacf3053D. Hyderabad. (Appellant) (Respondent) Assessee By: Shri Kumar Pal Tated, Ca Revenue By: Shri Solge Jost Kottaram Date Of Hearing: 11.08.2022 Date Of Pronouncement: 09.09.2022

43B of the Act.” 3. The brief facts of the case are that assessee, who is engaged in the business of Commercial Pilot-Training and Aircraft Maintenance Engineering, filed its return of income on 30.10.2007 admitting a loss of Rs.16,38,902/- and income admitted as deemed total income under section 115JB of the Act at Rs.55

TOSHALI CEMENTS PRIVATE LIMITED, HYD,HYDERABAD vs. ITO, WARD-2(2), HYDERABAD, HYDERABAD

In the result, all the appeals under consideration are dismissed in above terms

Bench: Shri Satbeer Singh Godara & Laxmi Prasad Sahu

reassessment was not valid. Department filed appeals for both years contesting the decision of CI.T {Appeals} and also that :- 9 -: ITA Nos. 650/H/2015 and others M/s Toshali Cements Pvt. Ltd., Hyderabad . the learned CI.T {Appeals} should have decided the case on merits. 11. Hon'ble ITAT in paragraph 10.3 of its order (refereed in the previous paragraph) held "Moreover, from

TOSHALI CEMENTS PRIVATE LIMITED, HYD,HYDERABAD vs. ITO, WARD-2(2), HYDERABAD, HYDERABAD

In the result, all the appeals under consideration are dismissed in above terms

Bench: Shri Satbeer Singh Godara & Laxmi Prasad Sahu

reassessment was not valid. Department filed appeals for both years contesting the decision of CI.T {Appeals} and also that :- 9 -: ITA Nos. 650/H/2015 and others M/s Toshali Cements Pvt. Ltd., Hyderabad . the learned CI.T {Appeals} should have decided the case on merits. 11. Hon'ble ITAT in paragraph 10.3 of its order (refereed in the previous paragraph) held "Moreover, from

TOSHALI CEMENTS PRIVATE LIMITED, HYDERABAD,HYDERABAD vs. ITO, WARD-2(4), HYDERABAD, HYDERABAD

In the result, all the appeals under consideration are dismissed in above terms

Bench: Shri Satbeer Singh Godara & Laxmi Prasad Sahu

reassessment was not valid. Department filed appeals for both years contesting the decision of CI.T {Appeals} and also that :- 9 -: ITA Nos. 650/H/2015 and others M/s Toshali Cements Pvt. Ltd., Hyderabad . the learned CI.T {Appeals} should have decided the case on merits. 11. Hon'ble ITAT in paragraph 10.3 of its order (refereed in the previous paragraph) held "Moreover, from

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

In the result, all the appeals under consideration are dismissed in above terms

Bench: Shri Satbeer Singh Godara & Laxmi Prasad Sahu

reassessment was not valid. Department filed appeals for both years contesting the decision of CI.T {Appeals} and also that :- 9 -: ITA Nos. 650/H/2015 and others M/s Toshali Cements Pvt. Ltd., Hyderabad . the learned CI.T {Appeals} should have decided the case on merits. 11. Hon'ble ITAT in paragraph 10.3 of its order (refereed in the previous paragraph) held "Moreover, from

CLARION POWER CORPORATION LIMITED,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(2), HYDERABAD

Appeal is allowed

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

43B disallowance of provisions of gratuity and leave encashment payments of Rs.5,16,594/-; respectively made in the course of assessment and upheld in the CIT(A)’s order. 4. Learned authorised representative reiterated the assessee’s stand that both the lower authorities have erred in law and on fact in taking recourse to the impugned re-opening thereby making

DY. COMMISSIONER OF INCOME TAX , CIRCLE-17(1), HYDERABAD vs. DRS LOGISTICS PRIVATE LIMITED , SECUNDERABAD

In the result, the appeal of the Revenue is dismissed

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

43B). C) Observations : v) It is observed that from the tax audit report, the assessee has granted loan to 21 parties and the max. amount involved during the year and the balance such loans aggregates to Rs.73,75,67,314/- and Rs.51,10,10,735/-. However on verification of financial statements, it is noticed from the balance sheet that