NAVAYUGA ENGINEERING COMPANY LIMITED,HYDERABAD vs. ACIT CIRCLE-1(1), HYDERABAD

In the result, all the three appeals filed by the assessee are dismissed

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumar

68,02,280/- whereas the income of the assessee was computed after assessment at Rs.29,55,62,962/-as per the order passed u/s 143(3). Interestingly after the search was carried out the assessee had filed the return of income declaring ‘nil’ income and sought a refund of Rs. 40,75,88,535/-. For all the three years

NAVAYUGA ENGINEERING COMPANY LIMITED,HYDERABAD vs. ACIT CIRCLE-1(1), HYDERABAD

In the result, all the three appeals filed by the assessee are dismissed

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumar

68,02,280/- whereas the income of the assessee was computed after assessment at Rs.29,55,62,962/-as per the order passed u/s 143(3). Interestingly after the search was carried out the assessee had filed the return of income declaring ‘nil’ income and sought a refund of Rs. 40,75,88,535/-. For all the three years

GRR HOLDINGS,HYDERABAD vs. DCIT., CENTRAL CIRCLE-3(3), HYDERABAD

In the result, all the three appeals filed by the assessee are allowed

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.164, 194 & 195/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2014-15,2015-16 & 2017-18) Grr Holdings Vs. Dy. C. I. T. Hyderabad Central Circle 3(3) Pan:Aaqfg0867M Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: N O N E सुनवाई की तारीख/Date Of Hearing: 27/05/2024 घोषणा की तारीख/Pronouncement: 24/07/2024 आदेश/Order

c) of section 263 of the I.T. Act, 1961 where it has been clearly defined the powers of the PCIT that where any order referred in this sub-section and passed by the Assessing Officer had a subject matter of any appeal, the powers of the PCIT under this sub-section shall extent and shall be deemed

GRR HOLDINGS,HYDERABAD vs. DCIT., CENTRAL CIRCLE-3(3), HYDERABAD

In the result, all the three appeals filed by the assessee are allowed

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.164, 194 & 195/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2014-15,2015-16 & 2017-18) Grr Holdings Vs. Dy. C. I. T. Hyderabad Central Circle 3(3) Pan:Aaqfg0867M Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: N O N E सुनवाई की तारीख/Date Of Hearing: 27/05/2024 घोषणा की तारीख/Pronouncement: 24/07/2024 आदेश/Order

c) of section 263 of the I.T. Act, 1961 where it has been clearly defined the powers of the PCIT that where any order referred in this sub-section and passed by the Assessing Officer had a subject matter of any appeal, the powers of the PCIT under this sub-section shall extent and shall be deemed

GRR HOLDINGS,HYDERABAD vs. DCIT., CENTRAL CIRCLE-3(3), HYDERABAD

In the result, all the three appeals filed by the assessee are allowed

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.164, 194 & 195/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2014-15,2015-16 & 2017-18) Grr Holdings Vs. Dy. C. I. T. Hyderabad Central Circle 3(3) Pan:Aaqfg0867M Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: N O N E सुनवाई की तारीख/Date Of Hearing: 27/05/2024 घोषणा की तारीख/Pronouncement: 24/07/2024 आदेश/Order

c) of section 263 of the I.T. Act, 1961 where it has been clearly defined the powers of the PCIT that where any order referred in this sub-section and passed by the Assessing Officer had a subject matter of any appeal, the powers of the PCIT under this sub-section shall extent and shall be deemed

MYLAN LABORATORIES LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(2), HYDERABAD

In the result, appeal of the assessee is partly allowed

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahman

251 (2) of the Act for enhancement of income of the Appellant. 4.4. Without prejudice, the learned CIT(A) has erred in not appreciating that there are no sums found credited in the books of account during the previous year and accordingly, the pre-requisite of section 68 fails at threshold. 4.5. On the facts and in the circumstances

DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(2), HYDERABAD vs. MYLAN LABORATORIES LIMITED , HYDERABAD

In the result, appeal of the assessee is partly allowed

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahman

251 (2) of the Act for enhancement of income of the Appellant. 4.4. Without prejudice, the learned CIT(A) has erred in not appreciating that there are no sums found credited in the books of account during the previous year and accordingly, the pre-requisite of section 68 fails at threshold. 4.5. On the facts and in the circumstances

DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(2), HYDERABAD vs. HSBC ELECTRONIC DATA PROCESSING INDIA PRIVATE LIMITED, , HYDERABAD

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

c) to Explanation 1 of section 115JB of the Act without appreciating the facts of the Appellant. 1.1. erred in not following the principles of Apollo Tyres Ltd. vs Commissioner of Income Tax, Kochi (255 ITR 273) wherein the Hon'ble Supreme Court of India held that Minimum Alternative Taxes (MAT) under section

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

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

68 (SC)  V Jaganmohan Rao Vs. CIT/EPT (1970) 75 ITR 373 (SC)  ITO Vs. Mewalal Dwarka Prasad [1989] 176 ITR 529 (SC) 14. The learned Counsel for the assessee further referring to the decision of the Hon’ble Supreme Court in the case of V Jaganmohan Rao Vs. CIT reported in (1970) 75 ITR 373 (SC), and ITO Vs. Mewalal

MAHESWARI MINING & ENERGY PRIVATE LIMITED ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-16(2), HYDERABAD

In the result, appeal of the assessee is allowed

Bench: Shri Laxmi Prasad Sahu & Shri K. Narasimha Charyassessment Years: 2016-17 Maheswari Mining & Vs. Asst. Commissioner Of Energy Pvt. Ltd., Income-Tax, Hyderabad. Circle – 16(2), Hyderabad. Pan – Aagcm0805N (Appellant) (Respondent) Assessee By: S/Shri Y. Ratnamkar& B. Satyanarayana Murthy Revenue By: Shri Y.V.S.T. Sai Date Of Hearing: 21/04/2022 Date Of Pronouncement: /04/2022

251 @257 (SC) 77 ITR 518 @530 (SC) 18 For all the above reasons it is prayed that the Hon'ble ITAT be pleased to allow the appeal and direct the allowance U/s.32AD be allowed, for the Asst.Year 2016-17 of the Income Tax Act. 4.1 In addition to the above, the ld. AR of the assessee filed additional submissions

MOKAMA MUNGER HIGHWAY LIMITED,HYDERABAD vs. INCOME TAX OFFICER, WARD-16(4), HYDERABAD

In the result, all the three appeals of the assessee are partly allowed for statistical purposes

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

68,472) Rs.12,78,47,171/- was disallowed and brought to tax. Page 2 of 25 ITA Nos 1729 2145 and 2146 of 2018 Mokama Munger Highway Ltd Hyderabad. 4. Further, on verification of the P&L A/c, the AO noted that the assessee has debited an amount of Rs.1,11,47,486/- towards provision for major maintenance. On further

MOKAMA MUNGER HIGHWAY LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(2), HYDERABAD

In the result, all the three appeals of the assessee are partly allowed for statistical purposes

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

68,472) Rs.12,78,47,171/- was disallowed and brought to tax. Page 2 of 25 ITA Nos 1729 2145 and 2146 of 2018 Mokama Munger Highway Ltd Hyderabad. 4. Further, on verification of the P&L A/c, the AO noted that the assessee has debited an amount of Rs.1,11,47,486/- towards provision for major maintenance. On further

MOKAMA MUNGER HIGHWAY LIMITED ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-16(2), HYDERABAD

In the result, all the three appeals of the assessee are partly allowed for statistical purposes

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

68,472) Rs.12,78,47,171/- was disallowed and brought to tax. Page 2 of 25 ITA Nos 1729 2145 and 2146 of 2018 Mokama Munger Highway Ltd Hyderabad. 4. Further, on verification of the P&L A/c, the AO noted that the assessee has debited an amount of Rs.1,11,47,486/- towards provision for major maintenance. On further

CURIA INDIA PRIVATE LIMITED(AFTER MERGER AMRI INDIA PRIVATE LIMITED),HYDERABAD vs. ACIT CIRCLE -1(1), HYDERABAD

In the result, all the three appeals filed by the assessee are allowed for statistical purposes

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

c) of the Act mechanically and without recording any adequate satisfaction/reasons. 4. Facts of the case, in brief, are that the assessee is a company engaged in the business of manufacture and marketing of active pharmaceutical ingredients and other pharmaceutical intermediates. It filed its return of income on 29.09.2012 declaring loss at Rs.8,17,73,799/-. The case was selected

DCIT., CIRCLE-3(1) , HYDERABAD vs. SOUTH ASIAN CERAMIC TILES PRIVATE LIMITED, HYDERABAD

68 regarding unsecured loans: Rs.38,30,75,528/-. 7. Aggrieved, the assessee company carried the matter in appeal before the CIT(A), who allowed the same and vacated all the aforementioned three additions that were made by the AO. 8. The revenue being aggrieved with the order of the CIT(A) has carried the matter in appeal before

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

251(2) of the I.T. Act, 1961 is not sustainable in law and the same is set aside. 15. The assessee has also raised various additional grounds; however, these grounds are not emanating from the assessment order passed by the Assessing Officer u/s 153A of the Act but these grounds were raised by the assessee which were already subject matter

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

251(2) of the I.T. Act, 1961 is not sustainable in law and the same is set aside. 15. The assessee has also raised various additional grounds; however, these grounds are not emanating from the assessment order passed by the Assessing Officer u/s 153A of the Act but these grounds were raised by the assessee which were already subject matter

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

251(2) of the I.T. Act, 1961 is not sustainable in law and the same is set aside. 15. The assessee has also raised various additional grounds; however, these grounds are not emanating from the assessment order passed by the Assessing Officer u/s 153A of the Act but these grounds were raised by the assessee which were already subject matter

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

251(2) of the I.T. Act, 1961 is not sustainable in law and the same is set aside. 15. The assessee has also raised various additional grounds; however, these grounds are not emanating from the assessment order passed by the Assessing Officer u/s 153A of the Act but these grounds were raised by the assessee which were already subject matter