THE PRUDENTIAL CO-OPERATIVE URBAN BANK LIMITED,SECUNDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(3), HYDERABAD

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

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

147 of the Act. The specific issue must had been came before the assessing officer and the assessing officer must had applied his mind on that issue and had came to some conclusion. In the case of the assessee, in previous occasion the reason for reopening was to disallow the NPA provision. However the present reopening has been done

EYEGEAR OPTICS INDIA PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE - 8(1), HYDERABAD

In the result, both the captioned appeals are allowed for statistical purposes in terms of our aforesaid observations

Bench: Us:

reassessment proceedings beyond the time-limit prescribed under the first proviso to section 147 of the Act. 13. Admittedly, the legislature in all its wisdom had vide the Finance (No.2) Act 2024 w.e.f. 01.10.2024 inserted the “Proviso” to section 251(1)(a) of the Act, as per which the CIT(A) has been vested with the power to set-aside

POTU JANARDHAN RAO,WARANGAL vs. ITO., WARD-1, WARANGAL

In the result, the appeal in ITA No

Bench: Us: 2. Succinctly Stated, The Ao, Based On Information That The Assessee Had Made Cash Deposits Of Rs. 1.08 Crores In His Current Account With Andhra Bank (Now Union Bank Of India) & Made Withdrawals Of Rs. 93.24 Lacs From The Said Bank Account, Initiated Proceedings U/S 147 Of The Act.

reassessment proceedings beyond the time-limit prescribed under the first proviso to section 147 of the Act. 13. Admittedly, the legislature in all its wisdom had vide the Finance (No.2) Act 2024 w.e.f. 01.10.2024 inserted the “Proviso” to section 251(1)(a) of the Act, as per which the CIT(A) has been vested with the power to set-aside

SURENDER KUMAR BHOJWANI,HYDERABAD vs. ITO, INTL. TAXTION -1, HYDERABAD

In the result, the appeal filed by the assessee is allowed for statistical purposes in terms of our aforesaid observations

251 (Mad). 10. Per contra, the Ld. Departmental Representative (for short, “DR”) relied on the orders of the authorities below. The Ld. DR submitted that as the assessee had not raised the claim for deduction in his return of income, therefore, he cannot in the course of the present proceedings under section 147 of the Act, which

NATURAL POWER ASIA PRIVATE LIMITED,HYDERABAD vs. ITO., WARD-16(1), HYDERABAD

Bench: Us:

147 r.w.s. 144 r.w.s. 144B of the Act, dated 27.03.2024, therefore, pressed into service the powers vested with him u/s 251(1)(a) of the Act, and restored the matter to the file of the A.O. with a direction to frame 4 Natural Power Asia Pvt. Ltd. a fresh assessment in light of the documentary evidence as may be placed

EYEGEAR OPTICS INDIA PRIVATE LIMITED,HYDERABAD vs. DCIT., CRICLE-8(1), HYDERABAD

In the result, both the captioned appeals are allowed for\nstatistical purposes in terms of our aforesaid observations

reassessment proceedings beyond the\ntime-limit prescribed under the first proviso to section 147\nof the Act.\n13. Admittedly, the legislature in all its wisdom had vide the\nFinance (No.2) Act 2024 w.e.f. 01.10.2024 inserted the “Proviso\"\nto section 251(1)(a) of the Act, as per which the CIT(A) has been\nvested with the power to set-aside

TOURS5 COM,HYDERABAD vs. ITO., WARD-9(1), HYDERABAD

Bench: Us:

Section 251(1) of the Act, i.e, ".....may set aside the assessment and refer the case back to the Assessing Officer for making a fresh assessment ...." which, thus, does not compulsorily require the CIT(A) to set aside and refer the assessment in every case where it is made u/s 144 of the Act. 15. We thus, in terms

TOURS5 COM,HYDERABAD vs. ITO., WARD-9(1), HYDERABAD

Bench: Us:

Section 251(1) of the Act, i.e, ".....may set aside the assessment and refer the case back to the Assessing Officer for making a fresh assessment ...." which, thus, does not compulsorily require the CIT(A) to set aside and refer the assessment in every case where it is made u/s 144 of the Act. 15. We thus, in terms

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

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under Page 10 of 48 ITA Nos.1238 of 2019, 12 to 14 of 2020 723, 761 & 762 of 2020 Madhucon Projects Ltd section

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

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under Page 10 of 48 ITA Nos.1238 of 2019, 12 to 14 of 2020 723, 761 & 762 of 2020 Madhucon Projects Ltd section

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

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under Page 10 of 48 ITA Nos.1238 of 2019, 12 to 14 of 2020 723, 761 & 762 of 2020 Madhucon Projects Ltd section

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

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under Page 10 of 48 ITA Nos.1238 of 2019, 12 to 14 of 2020 723, 761 & 762 of 2020 Madhucon Projects Ltd section

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

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under Page 10 of 48 ITA Nos.1238 of 2019, 12 to 14 of 2020 723, 761 & 762 of 2020 Madhucon Projects Ltd section

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

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under Page 10 of 48 ITA Nos.1238 of 2019, 12 to 14 of 2020 723, 761 & 762 of 2020 Madhucon Projects Ltd section

VENUGOPAL REDDY GELIVI,HYDERABAD vs. ITO (INT TAXN)-1, HYDERABAD

u/s 147 r.w.s. 144 of the Act, dated\n27-04-2023 for want of valid assumption of jurisdiction on his part\nfor initiating the assessment proceedings. As we have quashed the\nassessment for want of valid assumption of jurisdiction on the part\nof the A.O., therefore, we refrain from adverting to and adjudicating\nthe other issues, based on which

NAVDURGA TRANSPORT COMPANY,HYDERABAD vs. INCOME TAX OFFICER, WARD-7(1), HYDERABAD

Appeal is allowed in terms of our aforesaid observations

Bench: Us:

reassessment proceedings, we are 7 ITA 218 and 219/Hyd/2025 Navadurga Transport Company vs. ITO unable to persuade ourselves to accept the same. As observed by the CIT(A) and rightly so, as the AO at the stage of initiation of proceedings under section 147 of the Act is only required to have some material available with him, based on which

NAVDURGA TRANSPORT COMPANY,HYDERABAD vs. INCOME TAX OFFICER, WARD-7(1), HYDERABAD

Appeal is allowed in terms of our aforesaid observations

Bench: Us:

reassessment proceedings, we are 7 ITA 218 and 219/Hyd/2025 Navadurga Transport Company vs. ITO unable to persuade ourselves to accept the same. As observed by the CIT(A) and rightly so, as the AO at the stage of initiation of proceedings under section 147 of the Act is only required to have some material available with him, based on which

LATE RAJASEKHAR CHELIKANI,HYDERABAD vs. ACIT., CENTRAL CIRCLE-3(2), HYDERABAD

Appeals are dismissed in terms of our aforesaid observations

Bench: Us:

251 of the Income Tax Act. Setting aside an invalid assessment for fresh adjudication undermines the fundamental principles of natural justice and procedural law, 3. The Assessing Officer erred in completing the assessment without making an effort to identify or bring the legal heirs of the deceased assessee on record as mandated under Section 159 of the Income