INDUKURI SYAM PRASAD REDDY, HYDERABAD,HYDERABAD vs. DCIT, CENTRAL CIRCLE-2(1), HYDERABAD, HYDERABAD

In the result, appeals of both assessee’s are allowed as indicated above

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Blesmt Indukuri Sundari V. Dcit – Central Circle - 2(1) Plot No. 973/A, Road No. 49 Aayakar Bhavan Hyderabad Jubilee Hills Hyderabad – 500 033 Pan: Aakpi8049P (Appellant) (Respondent) Shri Indukuri Syam Prasad Reddy V. Dcit – Central Circle - 2(1) Plot No. 973/A, Road No. 49 Aayakar Bhavan Hyderabad Jubilee Hills Hyderabad – 500 033 Pan: Aadpi1621C (Appellant) (Respondent) : Shri Mohammad Afzal Assessee By Department By : Shri M.V.S.T. Sai

revision or rectification proceedings pending on the date of initiation of search u/s.132 or requisition shall not abate. Therefore, it is submitted that the assessment proceedings germinated from the order u/s 263 of the Act shall not abate and the same should have been completed on or before 31.03.2014. The assessment proceedings completed on 27.02.2015, considering the directions

INDUKURI SUNDARI, HYDERABAD,HYDERABAD vs. DCIT, CENTRAL CIRCLE-2(1), HYDERABAD, HYDERABAD

In the result, appeals of both assessee’s are allowed as indicated above

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Blesmt Indukuri Sundari V. Dcit – Central Circle - 2(1) Plot No. 973/A, Road No. 49 Aayakar Bhavan Hyderabad Jubilee Hills Hyderabad – 500 033 Pan: Aakpi8049P (Appellant) (Respondent) Shri Indukuri Syam Prasad Reddy V. Dcit – Central Circle - 2(1) Plot No. 973/A, Road No. 49 Aayakar Bhavan Hyderabad Jubilee Hills Hyderabad – 500 033 Pan: Aadpi1621C (Appellant) (Respondent) : Shri Mohammad Afzal Assessee By Department By : Shri M.V.S.T. Sai

revision or rectification proceedings pending on the date of initiation of search u/s.132 or requisition shall not abate. Therefore, it is submitted that the assessment proceedings germinated from the order u/s 263 of the Act shall not abate and the same should have been completed on or before 31.03.2014. The assessment proceedings completed on 27.02.2015, considering the directions

DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(2), HYDERABAD vs. TRACKS & TOWERS INFRATECH PRIVATE LIMITED(PART IX), HYDERABAD

In the result, both the appeals filed by the revenue are partly allowed

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

147 or 263 proceedings are pending. The order u/s. 143(1) is placed at pages 211-222 of paper book volume-2. Referring to pages 223-227 of the paper book volume-2, he submitted that the AO in the order passed u/s. 143(3) for AY 2020-21 has allowed the claim of deduction u/s. 80IA

DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(2), HYDERABAD vs. TRACKS & TOWERS INFRATECH PRIVATE LIMITED(PART IX), HYDERABAD

In the result, both the appeals filed by the revenue are partly allowed

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

147 or 263 proceedings are pending. The order u/s. 143(1) is placed at pages 211-222 of paper book volume-2. Referring to pages 223-227 of the paper book volume-2, he submitted that the AO in the order passed u/s. 143(3) for AY 2020-21 has allowed the claim of deduction u/s. 80IA

SOUBHAGYA PROJECTS, HYD,HYDERABAD vs. ITO, WARD-7(1), HYD, HYDERABAD

In the result, the appeal of assessee is allowed

Bench: Smt. P. Madhavi Devi & Shri B. Ramakotaiah

reassessment proceedings by issuing notice under Section 148 of the Act. 13. Consequently, the impugned order of the ITAT annulling the assessments for AY 2001-02 to 2004-05 cannot be said to be erroneous”. :- 12 -: 10.2.i. Similar principles were also laid down in the case of in the case of KLM Royal Dutch Airlines Vs. Asst. Director

SRI EDUPAYALA VANA DURGA BHAVANI,HYDERABAD vs. INCOME TAX OFFICER, WARD-1, SANGAREDDY

Bench: Us:

u/s 147 of the IT Act estimating the income @ 8% on gross receipts of Rs. 2.48 crores. 4. The PCIT's erred in issuing show cause notice dated 13/12/2023 findings that the original assessment order was erroneous and prejudicial to the interests of the Revenue are arbitrary, perverse, and based on mere conjectures and surmises. 5. The directions issued

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

Bench: Us.

reassessment vide his order passed u/s 147 r.w.s. 144B of the Act, dated 22-03-2022. 13. Before proceeding any further, we deem it fit to cull out the provisions of Section 263 of the Act, which reads as under: “263. Revision

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(1), HYDERABAD vs. B.RAMALINGA RAJU, HYDERABAD

In the result, the appeal of Revenue in ITA No

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

reassessment order and directing an examination of the Rs. 397 crore ADS proceeds and the Rs. 1122.00 crore opening balance. A notice u/s 143(2) was issued on 30.03.2012 and served on 31.03.2012, requiring the assessee’s appearance on 09.04.2012. 21.1. In response, the assessee submitted his reply on 02.04.2012, stating that he had filed an appeal before

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(1), HYDERABAD vs. B.RAMALINGA RAJU , HYDERABAD

In the result, the appeal of Revenue in ITA No

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

reassessment order and directing an examination of the Rs. 397 crore ADS proceeds and the Rs. 1122.00 crore opening balance. A notice u/s 143(2) was issued on 30.03.2012 and served on 31.03.2012, requiring the assessee’s appearance on 09.04.2012. 21.1. In response, the assessee submitted his reply on 02.04.2012, stating that he had filed an appeal before

MYLAN LABORATORIES LTD,(BEING THE AMALGAMATED COMPANY OF ASTRIX LABORATORIES LIMITED), HYD HYD,HYDERABAD vs. DCIT, CIRCLE-16(2), HYD, HYDERABAD

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

Bench: Smt. P. Madhavi Devi & Shri B. Ramakotaiah

reassessment proceedings. He applied the analogy relating to AY. 2006-07 i.e adopting the value of DMFs and Technical know-how as Nil in the hands of the assessee. 2.5. AO passed an order u/s 143(3) r.w.s 147 of the Act dt. 30-08-2013. Being aggrieved by the said order, assessee preferred an appeal before

DCIT, CIRCLE-16(2), HYD, HYDERABAD vs. ASTRIX LABORATORIES LTD., HYD, SECUNDERABAD

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

Bench: Smt. P. Madhavi Devi & Shri B. Ramakotaiah

reassessment proceedings. He applied the analogy relating to AY. 2006-07 i.e adopting the value of DMFs and Technical know-how as Nil in the hands of the assessee. 2.5. AO passed an order u/s 143(3) r.w.s 147 of the Act dt. 30-08-2013. Being aggrieved by the said order, assessee preferred an appeal before

INCOME TAX OFFICER, WARD-1, ADONI vs. T RAMA SUBBA REDDY , ADONI

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

reassessment held that the total consideration on sale of land was Rs.4,67,20,000/- and not Rs.21.75,000/- as adopted by him in the regular assessment and allowed cost of acquisition of Rs.21,54,067/- without allowing any other claims made by the assessee and passed assessment order on 31.03.2016 u/s 143(3) r.w.s. 263

SANGHI INDUSTRIES LTD, HYD,HYDERABAD vs. DCIT, CIRCLE-3(1), HYDERABAD, HYDERABAD

In the result, appeal of assessee is allowed

Bench: Shri B. Ramakotaiah & Shri Challa Nagendra Prasad

revision, which is chargeable to tax and has escaped assessment.] Explanation 1.—Production before the Assessing Officer of account books or other evidence from which material evidence could with due diligence have been discovered by the Assessing Officer will not necessarily amount to disclosure within the meaning of the foregoing proviso. Explanation 2.—For the purposes of this section

SPR INFRASTRUCTURE INDIA LIMITED, HYDERABAD,HYDERABAD vs. DCIT, CIRCLE-3(2), HYDERABAD, HYDERABAD

Appeals are allowed in above terms

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu(Through Virtual Hearing)

263 of the Income Tax Act, 1961 ('the Act'). Heard both the parties. Case files perused. 2. It is noticed at the outset that this is the second round of proceedings between the parties before us qua the assessee's identical/sole substantive grievance seeking to reverse both the lower authorities identical action income from other sources addition on various facets

SURESH PRODUCTIONS ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-14(1), HYDERABAD

In the result, the appeal filed by the Revenue as well as all the appeals and C

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyappeal In Ita No Appellant Respondent A.Y 1429/Hyd/2014 Acit Circle M/S. Suresh 2003-04 13(1) Hyderabad Productions Hyderabad Co 78/Hyd/2014 M/S. Suresh Acit Circle 13(1) 2003-04 (Ita Productions Hyderabad 1429/H/2014) Hyderabad 2102/Hyd/2018 -Do- Addl.Cit, Range 13(Old) 2010-11 Range-14 (Present) Hyderabad 2103/Hyd/2018 -Do- Dy.Cit, Circle 14(1) 2012-13 Hyderabad 2104/Hyd/2018 -Do- -Do- 2013-14 2105/Hyd/2018 -Do- -Do- 2014-15 Assessee By: Shri K.C. Devdas, Ca Revenue By: Shri Shakeer Ahmed, Dr

reassessment proceedings are not in accordance with law in view of the first proviso to section 147 of the I.T. Act 15. Referring to the copy of the order passed u/s 143(3) r.w.s. 147 in case of SMFD for the A.Y 2003-04, he submitted that the Assessing Officer had reproduced clause

SURESH PRODUCTIONS,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-14(1), HYDERABAD

In the result, the appeal filed by the Revenue as well as all the appeals and C

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyappeal In Ita No Appellant Respondent A.Y 1429/Hyd/2014 Acit Circle M/S. Suresh 2003-04 13(1) Hyderabad Productions Hyderabad Co 78/Hyd/2014 M/S. Suresh Acit Circle 13(1) 2003-04 (Ita Productions Hyderabad 1429/H/2014) Hyderabad 2102/Hyd/2018 -Do- Addl.Cit, Range 13(Old) 2010-11 Range-14 (Present) Hyderabad 2103/Hyd/2018 -Do- Dy.Cit, Circle 14(1) 2012-13 Hyderabad 2104/Hyd/2018 -Do- -Do- 2013-14 2105/Hyd/2018 -Do- -Do- 2014-15 Assessee By: Shri K.C. Devdas, Ca Revenue By: Shri Shakeer Ahmed, Dr

reassessment proceedings are not in accordance with law in view of the first proviso to section 147 of the I.T. Act 15. Referring to the copy of the order passed u/s 143(3) r.w.s. 147 in case of SMFD for the A.Y 2003-04, he submitted that the Assessing Officer had reproduced clause

SURESH PRODUCTIONS,HYDERABAD vs. ADDL. COMMISSIONER OF INCOME TAX, RANGE-13(OLD), RANGE-14(PRESENT), HYDERABAD

In the result, the appeal filed by the Revenue as well as all the appeals and C

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyappeal In Ita No Appellant Respondent A.Y 1429/Hyd/2014 Acit Circle M/S. Suresh 2003-04 13(1) Hyderabad Productions Hyderabad Co 78/Hyd/2014 M/S. Suresh Acit Circle 13(1) 2003-04 (Ita Productions Hyderabad 1429/H/2014) Hyderabad 2102/Hyd/2018 -Do- Addl.Cit, Range 13(Old) 2010-11 Range-14 (Present) Hyderabad 2103/Hyd/2018 -Do- Dy.Cit, Circle 14(1) 2012-13 Hyderabad 2104/Hyd/2018 -Do- -Do- 2013-14 2105/Hyd/2018 -Do- -Do- 2014-15 Assessee By: Shri K.C. Devdas, Ca Revenue By: Shri Shakeer Ahmed, Dr

reassessment proceedings are not in accordance with law in view of the first proviso to section 147 of the I.T. Act 15. Referring to the copy of the order passed u/s 143(3) r.w.s. 147 in case of SMFD for the A.Y 2003-04, he submitted that the Assessing Officer had reproduced clause

ACIT, CIRCLE-13(1), HYDERABAD vs. M/S SURESH PRODUCTIONS, HYDERABAD

In the result, the appeal filed by the Revenue as well as all the appeals and C

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyappeal In Ita No Appellant Respondent A.Y 1429/Hyd/2014 Acit Circle M/S. Suresh 2003-04 13(1) Hyderabad Productions Hyderabad Co 78/Hyd/2014 M/S. Suresh Acit Circle 13(1) 2003-04 (Ita Productions Hyderabad 1429/H/2014) Hyderabad 2102/Hyd/2018 -Do- Addl.Cit, Range 13(Old) 2010-11 Range-14 (Present) Hyderabad 2103/Hyd/2018 -Do- Dy.Cit, Circle 14(1) 2012-13 Hyderabad 2104/Hyd/2018 -Do- -Do- 2013-14 2105/Hyd/2018 -Do- -Do- 2014-15 Assessee By: Shri K.C. Devdas, Ca Revenue By: Shri Shakeer Ahmed, Dr

reassessment proceedings are not in accordance with law in view of the first proviso to section 147 of the I.T. Act 15. Referring to the copy of the order passed u/s 143(3) r.w.s. 147 in case of SMFD for the A.Y 2003-04, he submitted that the Assessing Officer had reproduced clause

SURESH PRODUCTIONS,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-14(1), HYDERABAD

In the result, the appeal filed by the Revenue as well as all the appeals and C

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyappeal In Ita No Appellant Respondent A.Y 1429/Hyd/2014 Acit Circle M/S. Suresh 2003-04 13(1) Hyderabad Productions Hyderabad Co 78/Hyd/2014 M/S. Suresh Acit Circle 13(1) 2003-04 (Ita Productions Hyderabad 1429/H/2014) Hyderabad 2102/Hyd/2018 -Do- Addl.Cit, Range 13(Old) 2010-11 Range-14 (Present) Hyderabad 2103/Hyd/2018 -Do- Dy.Cit, Circle 14(1) 2012-13 Hyderabad 2104/Hyd/2018 -Do- -Do- 2013-14 2105/Hyd/2018 -Do- -Do- 2014-15 Assessee By: Shri K.C. Devdas, Ca Revenue By: Shri Shakeer Ahmed, Dr

reassessment proceedings are not in accordance with law in view of the first proviso to section 147 of the I.T. Act 15. Referring to the copy of the order passed u/s 143(3) r.w.s. 147 in case of SMFD for the A.Y 2003-04, he submitted that the Assessing Officer had reproduced clause