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19 results for “reassessment u/s 147”+ Section 43Bclear

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Key Topics

Section 143(3)24Addition to Income18Section 14714Section 14812Section 43B11Disallowance9Section 1547Deduction7Section 153A

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

ITA 996/HYD/2024[2017-18]Status: DisposedITAT Hyderabad10 Dec 2025AY 2017-18

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:

For Appellant: Shri K.A. Sai Prasad, CAFor Respondent: Mrs. U. Mini Chandran
Section 147Section 148Section 148ASection 43B
6
Section 1536
Double Taxation/DTAA6
Natural Justice6
Section 68

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

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

ITA 13/HYD/2020[2010-11]Status: DisposedITAT Hyderabad04 Feb 2025AY 2010-11

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

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri B. Balakrishna, CIT(DR)
Section 143(3)Section 153A

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

ITA 1328/HYD/2017[2008-09]Status: DisposedITAT Hyderabad04 Feb 2025AY 2008-09

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

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri B. Balakrishna, CIT(DR)
Section 143(3)Section 153A

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

ITA 762/HYD/2020[2014-15]Status: DisposedITAT Hyderabad04 Feb 2025AY 2014-15

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

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri B. Balakrishna, CIT(DR)
Section 143(3)Section 153A

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

ITA 723/HYD/2020[2013-14]Status: DisposedITAT Hyderabad04 Feb 2025AY 2013-14

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

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri B. Balakrishna, CIT(DR)
Section 143(3)Section 153A

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

ITA 761/HYD/2020[2013-14]Status: DisposedITAT Hyderabad04 Feb 2025AY 2013-14

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

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri B. Balakrishna, CIT(DR)
Section 143(3)Section 153A

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

ITA 12/HYD/2020[2009-10]Status: DisposedITAT Hyderabad04 Feb 2025AY 2009-10

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

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri B. Balakrishna, CIT(DR)
Section 143(3)Section 153A

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

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

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

ITA 1480/HYD/2025[2011-12]Status: DisposedITAT Hyderabad27 Mar 2026AY 2011-12
Section 139Section 143(2)Section 143(3)Section 147Section 148Section 149Section 250

u/s 143(3) r.w.s 147 of the IT Act for the A.Y 2010-11. Respectfully following the above decisions (cited supra), we hold that the assessee, which is following a uniform and consistence method of accounting, and has claimed the expenditure in accordance with the notification of the Min of Corporate Affairs and the A.O has allowed the same

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

ITA 548/HYD/2021[2012-13]Status: DisposedITAT Hyderabad17 Feb 2022AY 2012-13

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

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Shri Rohit Mujumdar
Section 115JSection 143(2)Section 143(3)Section 147Section 148Section 43B

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

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

Appeal is dismissed in above terms

ITA 342/HYD/2017[2006-07]Status: DisposedITAT Hyderabad18 Feb 2022AY 2006-07

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.

For Appellant: Shri Samuel NagadesiFor Respondent: Shri T. Sunil Goutam
Section 139(5)Section 143Section 154Section 154(1)(b)Section 176Section 43BSection 43B(5)

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

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

ITA 1718/HYD/2018[2008-09]Status: DisposedITAT Hyderabad17 Oct 2023AY 2008-09

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

For Appellant: Shri KC DevdasFor Respondent: Shri K. Madhusudan. Sr. AR
Section 133ASection 143(2)Section 143(3)Section 147Section 148

147 OF THE INCOME TAX ACT, 1961 B) On verification of the computation of total income, P & L account and Balance Sheet, it is observed that the assessee company has debited an amount of Rs.66,15,891/- towards loss on sale of assets. However, the assessee had added back the same as inadmissible in the computation of total income

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

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

ITA 840/HYD/2025[2012-13]Status: DisposedITAT Hyderabad18 Jul 2025AY 2012-13

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

For Appellant: Shri P. Murali Mohan Rao, C.AFor Respondent: Shri G. Saratha, SR-DR
Section 133(6)Section 143(3)Section 147Section 148Section 43B

147 of the Act, assessing total income at Rs.13,52,090/-. 4. Aggrieved with the order of Ld. AO, the assessee filed an appeal before the Ld. First Appellate Authority. However, the assessee failed to comply with the notices issued by the Ld. First Appellate Authority, and the appeal was dismissed ex-parte. 5. Aggrieved with the order

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

ITA 917/HYD/2024[2020-21]Status: DisposedITAT Hyderabad19 Dec 2025AY 2020-21

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.

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Ms. U. Mini Chandran
Section 143(3)Section 153Section 92C

u/s 93B\nof the Act.\n5.9\nThe Ld. AO ought to have appreciated that no interest can be charged\non receivables when the principal transaction is at arms length price which\nhas been accepted by the TPO.\n5.10 The Ld. AO ought to have appreciated that the outstanding\nreceivables are foreign currency receivables and that the same have

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

ITA 730/HYD/2024[AY 2020-21]Status: DisposedITAT Hyderabad03 Dec 2025

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

Section 143(3)Section 144BSection 144C(13)Section 144C(5)Section 153Section 92C(3)

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

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

Appeal is allowed

ITA 1336/HYD/2018[2008-09]Status: DisposedITAT Hyderabad06 May 2021AY 2008-09

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

For Appellant: Shri P.Murali Mohana Rao, ARFor Respondent: Shri Sunil Kumar Pandey, DR
Section 115BSection 143Section 143(3)Section 147Section 43BSection 80I

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

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

ITA 651/HYD/2015[2010-11]Status: DisposedITAT Hyderabad02 Sept 2021AY 2010-11

Bench: Shri Satbeer Singh Godara & Laxmi Prasad Sahu

For Appellant: Shri V. Siva KumarFor Respondent: Shri Sunil Kumar Pandey
Section 143(3)

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

ITA 2346/HYD/2018[2014-15]Status: DisposedITAT Hyderabad02 Sept 2021AY 2014-15

Bench: Shri Satbeer Singh Godara & Laxmi Prasad Sahu

For Appellant: Shri V. Siva KumarFor Respondent: Shri Sunil Kumar Pandey
Section 143(3)

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

ITA 463/HYD/2017[2012-13]Status: DisposedITAT Hyderabad02 Sept 2021AY 2012-13

Bench: Shri Satbeer Singh Godara & Laxmi Prasad Sahu

For Appellant: Shri V. Siva KumarFor Respondent: Shri Sunil Kumar Pandey
Section 143(3)

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

ITA 650/HYD/2015[2009-10]Status: DisposedITAT Hyderabad02 Sept 2021AY 2009-10

Bench: Shri Satbeer Singh Godara & Laxmi Prasad Sahu

For Appellant: Shri V. Siva KumarFor Respondent: Shri Sunil Kumar Pandey
Section 143(3)

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