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55 results for “section 68”+ Section 138clear

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Key Topics

Section 153A57Section 13255Section 80I35Addition to Income34Section 143(3)27Unexplained Investment22Disallowance21Search & Seizure19Cash Deposit

SHANKAR LAL AGARWAL,HYDERABAD vs. INCOME TAX OFFICER, WARD-16(2), HYDERABAD

In the result, appeal of the assessee is dismissed

ITA 150/HYD/2018[2014-15]Status: DisposedITAT Hyderabad29 Nov 2023AY 2014-15

Bench: Shri K. Narasimha Chary

For Appellant: Smt. S. Sandhya, ARFor Respondent: Ms. P. Sumitha, DR
Section 10(38)

Section 68 of the Act. Thus, the assessees cannot be permitted to contend that the assessments were based on surmises and conjectures or Page 17 of 27 presumptions or assumptions. The assessee does not and cannot dispute the fact that the shares of the companies which they have dealt with were insignificant in value prior to their trading

ANIRUDH VENKATA RAGI ,HYDERABAD vs. INCOME TAX OFFICER, WARD-4(2), HYDERABAD

In the result, appeal of the assessee is dismissed

ITA 352/HYD/2019[2015-16]Status: Disposed

Showing 1–20 of 55 · Page 1 of 3

18
Section 56(2)(x)17
Section 56(2)(vii)17
Section 5717
ITAT Hyderabad
21 Nov 2023
AY 2015-16

Bench: Shri Rama Kanta Panda & Shri K.Narasimha Chary

For Appellant: Shri S. Rama Rao, ARFor Respondent: Ms. Sheetal Sarin, DR
Section 10(38)Section 143(3)

Section 68 of the Act. Thus, the assessees cannot be permitted to contend that the assessments were based on surmises and conjectures or presumptions or assumptions. The assessee does not and cannot dispute the fact that the shares of the companies which they have dealt with were insignificant in value prior to their trading. If such is the situation

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), HYDERABAD vs. PUJALA MAHESH BABU , RANGA REDDY

In the result, all the four appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 126/HYD/2019[2013-14]Status: DisposedITAT Hyderabad26 Sept 2022AY 2013-14

Bench: Shri R.K. Panda & Shri K. Narasimha Charyappeal In Ita No Assessee Revenue A.Y 132/Hyd/2018 Shri Pujala Mahesh A.C.I.T. Central 2012-13 Babu, Hyderabad Circle-2(3) Hyderabad Pan:Aeppp5729L 133/Hyd/2019 -Do- -Do- 2013-14 134/Hyd/2019 -Do- -Do- 2014-15 135/Hyd/2019 -Do- -Do- 2015-16 126/Hyd/2019 A.C.I.T. Central Shri Pujala Mahesh 2013-14 Circle-2(3) Babu, Hyderabad Hyderabad Pan:Aeppp5729L Assessee By: Shri S. Rama Rao, Advocate Revenue By: Shri Solgy Jose T. Kottaram,Dr

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: Shri Solgy Jose T. Kottaram,DR
Section 132Section 133ASection 143(3)Section 153ASection 234A(3)

section 68 & 69 of the Act have no application in absence of maintenance of books of account, we accept the alternate contention of the assessee that only 40% of the amount should be added. We direct the Assessing Officer to restrict the addition to 40% of Rs.94,50,000/- as against the whole amount made by the Assessing Officer

PUJALA MAHESH BABU,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), HYDERABAD

In the result, all the four appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 132/HYD/2019[2012-13]Status: DisposedITAT Hyderabad26 Sept 2022AY 2012-13

Bench: Shri R.K. Panda & Shri K. Narasimha Charyappeal In Ita No Assessee Revenue A.Y 132/Hyd/2018 Shri Pujala Mahesh A.C.I.T. Central 2012-13 Babu, Hyderabad Circle-2(3) Hyderabad Pan:Aeppp5729L 133/Hyd/2019 -Do- -Do- 2013-14 134/Hyd/2019 -Do- -Do- 2014-15 135/Hyd/2019 -Do- -Do- 2015-16 126/Hyd/2019 A.C.I.T. Central Shri Pujala Mahesh 2013-14 Circle-2(3) Babu, Hyderabad Hyderabad Pan:Aeppp5729L Assessee By: Shri S. Rama Rao, Advocate Revenue By: Shri Solgy Jose T. Kottaram,Dr

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: Shri Solgy Jose T. Kottaram,DR
Section 132Section 133ASection 143(3)Section 153ASection 234A(3)

section 68 & 69 of the Act have no application in absence of maintenance of books of account, we accept the alternate contention of the assessee that only 40% of the amount should be added. We direct the Assessing Officer to restrict the addition to 40% of Rs.94,50,000/- as against the whole amount made by the Assessing Officer

PUJALA MAHESH BABU,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), HYDERABAD

In the result, all the four appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 133/HYD/2019[2013-14]Status: DisposedITAT Hyderabad26 Sept 2022AY 2013-14

Bench: Shri R.K. Panda & Shri K. Narasimha Charyappeal In Ita No Assessee Revenue A.Y 132/Hyd/2018 Shri Pujala Mahesh A.C.I.T. Central 2012-13 Babu, Hyderabad Circle-2(3) Hyderabad Pan:Aeppp5729L 133/Hyd/2019 -Do- -Do- 2013-14 134/Hyd/2019 -Do- -Do- 2014-15 135/Hyd/2019 -Do- -Do- 2015-16 126/Hyd/2019 A.C.I.T. Central Shri Pujala Mahesh 2013-14 Circle-2(3) Babu, Hyderabad Hyderabad Pan:Aeppp5729L Assessee By: Shri S. Rama Rao, Advocate Revenue By: Shri Solgy Jose T. Kottaram,Dr

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: Shri Solgy Jose T. Kottaram,DR
Section 132Section 133ASection 143(3)Section 153ASection 234A(3)

section 68 & 69 of the Act have no application in absence of maintenance of books of account, we accept the alternate contention of the assessee that only 40% of the amount should be added. We direct the Assessing Officer to restrict the addition to 40% of Rs.94,50,000/- as against the whole amount made by the Assessing Officer

PUJALA MAHESH BABU ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), HYDERABAD

In the result, all the four appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 134/HYD/2019[2014-15]Status: DisposedITAT Hyderabad26 Sept 2022AY 2014-15

Bench: Shri R.K. Panda & Shri K. Narasimha Charyappeal In Ita No Assessee Revenue A.Y 132/Hyd/2018 Shri Pujala Mahesh A.C.I.T. Central 2012-13 Babu, Hyderabad Circle-2(3) Hyderabad Pan:Aeppp5729L 133/Hyd/2019 -Do- -Do- 2013-14 134/Hyd/2019 -Do- -Do- 2014-15 135/Hyd/2019 -Do- -Do- 2015-16 126/Hyd/2019 A.C.I.T. Central Shri Pujala Mahesh 2013-14 Circle-2(3) Babu, Hyderabad Hyderabad Pan:Aeppp5729L Assessee By: Shri S. Rama Rao, Advocate Revenue By: Shri Solgy Jose T. Kottaram,Dr

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: Shri Solgy Jose T. Kottaram,DR
Section 132Section 133ASection 143(3)Section 153ASection 234A(3)

section 68 & 69 of the Act have no application in absence of maintenance of books of account, we accept the alternate contention of the assessee that only 40% of the amount should be added. We direct the Assessing Officer to restrict the addition to 40% of Rs.94,50,000/- as against the whole amount made by the Assessing Officer

PUJALA MAHESH BABU ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), HYDERABAD

In the result, all the four appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 135/HYD/2019[2015-16]Status: DisposedITAT Hyderabad26 Sept 2022AY 2015-16

Bench: Shri R.K. Panda & Shri K. Narasimha Charyappeal In Ita No Assessee Revenue A.Y 132/Hyd/2018 Shri Pujala Mahesh A.C.I.T. Central 2012-13 Babu, Hyderabad Circle-2(3) Hyderabad Pan:Aeppp5729L 133/Hyd/2019 -Do- -Do- 2013-14 134/Hyd/2019 -Do- -Do- 2014-15 135/Hyd/2019 -Do- -Do- 2015-16 126/Hyd/2019 A.C.I.T. Central Shri Pujala Mahesh 2013-14 Circle-2(3) Babu, Hyderabad Hyderabad Pan:Aeppp5729L Assessee By: Shri S. Rama Rao, Advocate Revenue By: Shri Solgy Jose T. Kottaram,Dr

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: Shri Solgy Jose T. Kottaram,DR
Section 132Section 133ASection 143(3)Section 153ASection 234A(3)

section 68 & 69 of the Act have no application in absence of maintenance of books of account, we accept the alternate contention of the assessee that only 40% of the amount should be added. We direct the Assessing Officer to restrict the addition to 40% of Rs.94,50,000/- as against the whole amount made by the Assessing Officer

MRL TRADING COMPANY,HYDERABAD vs. ITO., WARD-7(1), HYDERABAD

In the result, appeal of the Assessee is allowed

ITA 29/HYD/2025[2017-18]Status: DisposedITAT Hyderabad07 Jan 2026AY 2017-18
For Appellant: \nCA A SrinivasFor Respondent: \nMS Kritika Jaiswal, Sr. AR
Section 143(3)Section 69A

138\n4,329 1,548 1,160\n3,941\n8,48,910\n20\n21 322\n8,083 2,501 1,

NULAND INFRASTRUCTURE PRIVATE LIMITED ,HYDERABAD vs. INCOME TAX OFFIERS ,WARD -16(2), HYDERABAD

In the result, appeal filed by the assessee is dismissed

ITA 23/HYD/2022[2011-12]Status: DisposedITAT Hyderabad04 Aug 2022AY 2011-12

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2011-12 M/S. Nuland Infrastructure Vs. Income Tax Officer (P) Ltd, Hyderabad Ward 16(2) Pan:Aaccn5235D Hyderabad (Appellant) (Respondent) Assessee By: Shri T. Rajender Prasad, Ca Revenue By: Shri Rajendra Kumar, Cit (Dr) Date Of Hearing: 02/08/2022 Date Of Pronouncement: 04/08/2022 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 8.5.2020 Of The Learned Cit (A)-4, Hyderabad Relating To A.Y.2011-12. 2. There Is A Delay Of 545 Days In Filing Of This Appeal By The Assessee For Which The Assessee Has Filed A Condonation Application Along With An Affidavit Explaining The Reasons For Such Delay Which Is Due To The Prevailing Covid. After Hearing Both The Sides & Following The Decision Of The Hon'Ble Supreme Court In The Case Of Suo Moto Write Petition (C) No.3 Of 2020 Order Dated 10.01.2022 Wherein It Is Held That The Period From 15.3.2020 Till

For Appellant: Shri T. Rajender Prasad, CAFor Respondent: Shri Rajendra Kumar, CIT (DR)
Section 142(1)Section 144Section 148

138 Taxmann.com 207 (S.C) and 119 Taxmann.com 285, he submitted that under identical circumstances, the additions made u/s 68 have been upheld. He accordingly submitted that the grounds raised by the assessee should be dismissed. 9. We have heard the rival arguments made by both the sides, perused the orders of the AO and the learned CIT (A) and Page

HEXAGON CAPABILITY CENTER INDIA PRIVATE ,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX , CIRCLE-2(2), HYDERABAD

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

ITA 486/HYD/2021[2017-18]Status: DisposedITAT Hyderabad13 Apr 2022AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri Vicky GianiFor Respondent: Shri Rajendra Kumar
Section 143(2)Section 143(3)Section 144C(5)Section 234BSection 271(1)(c)Section 92BSection 92C

section 92B Explanation (c) inserted vide Finance Act 2012 as applicable with retrospective effect from 1/4/2002. Hon'ble Madras high court's recent judgment in PCIT Vs Reddington India dated 10/12/2020 in Tax Appeals 590-591/2019 also holds the same view. We thus, accept the Revenue's arguments in principle that interest on receivables is indeed an international

HARSCO INDIA PRIVATE LIMITED,HYDERABAD vs. DCIT-8(1), HYDERABAD

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

ITA 222/HYD/2021[2016-17]Status: DisposedITAT Hyderabad13 Apr 2022AY 2016-17

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri Suvibha NolkhaFor Respondent: Shri Rajendra Kumar
Section 143(3)Section 92BSection 92C

section 92B Explanation (c) inserted vide Finance Act 2012 as applicable with retrospective effect from 1/4/2002. Hon'ble Madras high court's recent judgment in PCIT Vs Reddington India dated 10/12/2020 in Tax Appeals 590-591/2019 also holds the same view. We thus, accept the Revenue's arguments in principle that interest on receivables is indeed an international

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

ITA 530/HYD/2025[2019-20]Status: DisposedITAT Hyderabad20 Aug 2025AY 2019-20

138,036 | 950,000 | 1,535,010 | 68,781 | 1,761,010 | 1,608,188 | | | 13,061,025 |\n| 7th |

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), HYDERABAD vs. SEW INFRASTRUCTURE LIMITED, HYDERABAD

ITA 1717/HYD/2017[2009-10]Status: HeardITAT Hyderabad07 Oct 2024AY 2009-10

Bench: Justice (Retd.) C.V. Bhadang, Shri Mahavir Singh & Shri G. Manjunatha

For Appellant: Shri K.K. ChaitanyaFor Respondent: Smt. Mamata Choudhary
Section 132Section 139(1)Section 143(3)Section 147Section 153ASection 80I

138 taxman.com 416 (Guj). She further submitted that a claim for deduction under Section 80IA, in the original return filed under Section 139(1) is also mandatorily required to be supported by an audit report as prescribed under Rule 18BBB and in Form 10CCB and such audit report should be filed along with the return of income

ACIT., CIRCLE-8(1), HYDERABAD vs. NCC HES JV, MADHAPUR

In the result, all the appeals of the Revenue are dismissed

ITA 688/HYD/2024[2018-19]Status: DisposedITAT Hyderabad11 Feb 2025AY 2018-19

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

For Appellant: Shri S. Ramarao, AdvocateFor Respondent: Ms. M. Narmada, CIT-DR
Section 115JSection 142(1)Section 143(2)Section 143(3)Section 80I

138; 3. Hon'ble Calcutta Tribunal in the case of ACIT vs. Ho Hup Simplex IV [2018192 taxmann.com 106 (Kolkata - Trib.) Appellant has also placed reliance on the decision passed by Hon'ble Jurisdictional ITA T Hyderabad in case of one of its members i.e. NCC Limited, which are mentioned below: (i) Nagarjuna Construction Company Limited vs ACIT bearing ITAT

LATE VAMANRAO RAMALINGAM ARCOT L/R BY SANGEETHA VAMANRAO,HYDERABAD vs. ITO., WARD-13(1), HYDERABAD

In the result, appeal filed by the assessee is allowed

ITA 584/HYD/2025[2014-2015]Status: DisposedITAT Hyderabad30 Jun 2025AY 2014-2015

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.584/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2014-15) Shri Vamanrao Ramalingam Vs. Income Tax Officer Arcot L/R By Smt. Sangeetha Ward 13 (1) Vamanrao, Hyderabad Hyderabad Pan:Aclpa4148G (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: C.A A.V. Saisudha राज" व "ारा/Revenue By:: Dr. Sachin Kumar, Dr सुनवाई की तारीख/Date Of Hearing: 25/06/2025 घोषणा की तारीख/Pronouncement: 30/06/2025 आदेश/Order

For Appellant: C.A A.V. SaisudhaFor Respondent: : Dr. Sachin Kumar, DR
Section 147Section 148Section 148ASection 151

138 Taxmann.com 64. The learned AR has submitted that the Assessing Officer has not issued the notice u/s 148 after considering the objections of the reply of the assessee as per the amended provisions of the Act. Thus, the notice issued by the Assessing Officer u/s 148 on 5/4/2021 is invalid and liable to be quashed. The learned

DCIT, CIRCLE-2(1), HYDERABAD, HYDERABAD vs. KMC CONSTRUCTIONS LIMITED, HYDERABAD, HYDERABAD

In the result, the appeal of Revenue is dismissed, and the appeal of assessee is partly allowed

ITA 32/HYD/2017[2011-12]Status: DisposedITAT Hyderabad11 Jan 2024AY 2011-12

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

For Appellant: Shri S. Rama Rao, ARFor Respondent: Shri K. Madhusudan, CIT-DR
Section 145(3)

68 of the impugned order and the learned CIT(A) took a view that in the light of the decision of the Tribunal in assessee’s own case for the earlier assessment years since there is no change of circumstances either in the nature of development works undertaken by the assessee. He further submitted that the learned CIT(A) placed

KMC CONTRUCTIONS LIMITED, HYDERABAD,HYDERABAD vs. ADDL. CIT, RANGE-2, HYDERABAD, HYDERABAD

In the result, the appeal of Revenue is dismissed, and the appeal of assessee is partly allowed

ITA 1734/HYD/2016[2011-12]Status: DisposedITAT Hyderabad11 Jan 2024AY 2011-12

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

For Appellant: Shri S. Rama Rao, ARFor Respondent: Shri K. Madhusudan, CIT-DR
Section 145(3)

68 of the impugned order and the learned CIT(A) took a view that in the light of the decision of the Tribunal in assessee’s own case for the earlier assessment years since there is no change of circumstances either in the nature of development works undertaken by the assessee. He further submitted that the learned CIT(A) placed

DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2(3), HYDERABAD vs. VARSHA VISWANATH PROPERTIES PRIVATE LIMITED, HYDERABAD

In the result, all the appeals filed by the assessee as well as the Revenue are treated as allowed for statistical purposes

ITA 2050/HYD/2018[2016-17]Status: DisposedITAT Hyderabad09 Jan 2024AY 2016-17

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

For Appellant: Shri S. Rama Rao, ARFor Respondent: Ms. TH. Vijaya Lakshmi, CIT-DR
Section 132Section 133ASection 153A

68,146 for AY 2012-13, Rs.6,51,24,122/- for AY 2013-14, Rs.2,90,18,114/- for AY 2014-15), since the appellant was unable to produce any evidences for cash expenditure incurred. 6.3.1 The grounds on which the retraction was made, and the arguments and contentions of the appellant’s AR on this issue, are also

VARSHA VISWANATH PROPERTIES PRIVATE LIMITED,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), HYDERABAD

In the result, all the appeals filed by the assessee as well as the Revenue are treated as allowed for statistical purposes

ITA 1909/HYD/2018[2015-16]Status: DisposedITAT Hyderabad09 Jan 2024AY 2015-16

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

For Appellant: Shri S. Rama Rao, ARFor Respondent: Ms. TH. Vijaya Lakshmi, CIT-DR
Section 132Section 133ASection 153A

68,146 for AY 2012-13, Rs.6,51,24,122/- for AY 2013-14, Rs.2,90,18,114/- for AY 2014-15), since the appellant was unable to produce any evidences for cash expenditure incurred. 6.3.1 The grounds on which the retraction was made, and the arguments and contentions of the appellant’s AR on this issue, are also

VARSHA VISWANATH PROPERTIES PRIVATE LIMITED,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), HYDERABAD

In the result, all the appeals filed by the assessee as well as the Revenue are treated as allowed for statistical purposes

ITA 1907/HYD/2018[2013-14]Status: DisposedITAT Hyderabad09 Jan 2024AY 2013-14

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

For Appellant: Shri S. Rama Rao, ARFor Respondent: Ms. TH. Vijaya Lakshmi, CIT-DR
Section 132Section 133ASection 153A

68,146 for AY 2012-13, Rs.6,51,24,122/- for AY 2013-14, Rs.2,90,18,114/- for AY 2014-15), since the appellant was unable to produce any evidences for cash expenditure incurred. 6.3.1 The grounds on which the retraction was made, and the arguments and contentions of the appellant’s AR on this issue, are also