DCIT, CIRCLE-2(2), HYDERABAD, HYDERABAD vs. HINDUPUR BIO-ENERGY PVT. LTD., HYD, HYDERABAD

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

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2011-12 Hindupur Bio-Energy Vs. The Deputy Commissioner Private Limited, Of Income Tax, Hyderabad. Circle 2(2), Hyderabad. Pan : Aabch0124J. (Appellant) (Respondent / Cross-Appellant) Assessment Year: 2011-12 The Deputy Commissioner Hindupur Bio-Energy Of Income Tax, Private Limited, Circle 2(2), Hyderabad. Hyderabad. Pan : Aabch0124J. (Appellant) (Respondent / Cross-Appellant) Assessee By: Shri M. Chandramouleswara Rao, C.A. Revenue By: Shri L.V. Bhaskara Reddy, Cit-Dr Date Of Hearing: 11.12.2023 Date Of Pronouncement: 21.12.2023

271(1)(c) cancelled. Therefore, the appellant did not consider it necessary to file an appeal. 9. However, department has filed appeal against the order of ld.CIT(A). Appeal hearing has been originally fixed for hearing on 26.12.2016 as seen by the notice dt.13.10.2016 of the office of the ITAT. 10. The company has been advised by the Counsel

HINDUPUR BIO-ENERGY PRIVATE LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(2), HYDERABAD

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

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2011-12 Hindupur Bio-Energy Vs. The Deputy Commissioner Private Limited, Of Income Tax, Hyderabad. Circle 2(2), Hyderabad. Pan : Aabch0124J. (Appellant) (Respondent / Cross-Appellant) Assessment Year: 2011-12 The Deputy Commissioner Hindupur Bio-Energy Of Income Tax, Private Limited, Circle 2(2), Hyderabad. Hyderabad. Pan : Aabch0124J. (Appellant) (Respondent / Cross-Appellant) Assessee By: Shri M. Chandramouleswara Rao, C.A. Revenue By: Shri L.V. Bhaskara Reddy, Cit-Dr Date Of Hearing: 11.12.2023 Date Of Pronouncement: 21.12.2023

271(1)(c) cancelled. Therefore, the appellant did not consider it necessary to file an appeal. 9. However, department has filed appeal against the order of ld.CIT(A). Appeal hearing has been originally fixed for hearing on 26.12.2016 as seen by the notice dt.13.10.2016 of the office of the ITAT. 10. The company has been advised by the Counsel

ACIT, CIRCLE-2(1), HYDERABAD vs. HINDUJA NATIONAL POWER CORPORATION LIMITED, HYDERABAD

In the result, the appeal of Revenue is allowed

Bench: Shri Laliet Kumar, Hon’Ble & Shri G. Manjunatha, Hon’Bleआ.अपी.सं / Ita No.235/Hyd/2023 (निर्धारण वर्ा / Assessment Year: 2016-17) The Assistant M/S. Hinduja National Power Commissioner Of Income Vs. Corporation Ltd. Tax, Circle 2(1), Hyderabad. Hyderabad. Pan : Aabch2426D अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent निर्धाररती द्वधरध/Assessee By: Shri K. A. Sai Prasad, C.A. रधजस्‍व द्वधरध/Revenue By: Shri B. Bala Krishna, Cit-Dr.

68,020/-) is disallowed and added back to the income returned. Addition: Rs. 271,70,42,063/- 13 Hinduja National Power Corporation Ltd. 7. The CIT-DR submitted that the scope and ambit of Section 32(1)(iia) of the Act, as well as Sections 32AC and 32AD, need to be examined. For this purpose, he drew

DCIT, CENTRAL CIRCLE-3(1), HYDERABAD vs. VARSITY EDUCATION MANAGEMENT PVT LTD, MUMBAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Manjunatha, G. & Shri Prakash Chand Yadavआ.अपी.सं /Ita No. 208/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2011-12) Deputy Commissioner Of Vs. Varsity Education Income Tax, Central Circle Management (P) Ltd 3(1) Hyderabad Hyderabad Pan:Aadcv6100E (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate A.V. Raghuram राज" व "ारा/Revenue By:: Shri B. Balakrishna, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 18/09/2024 घोषणा की तारीख/Pronouncement: 20/09/2024 आदेश/Order

271(1)(c) of the I.T. Act, 1961 on the ground that addition made by the Assessing Officer towards partial share premium u/s 68 of the I.T. Act, 1961 is unsustainable in law for the simple reason that when the appellant receives share capital from a venture capital fund, the same is outside the scope of section

F5 NETWORKS INNOVATION PRIVATE LIMITED,HYDERABAD vs. INCOME TAX OFFICER, WARD-17(1), HYDERABAD

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

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

271(1)(c) of the Act. That penalty being impossible for concealment of income consequent to scrutiny assessment ITA No.912/Hyd/2024 23 order under Section 143(3) of the Act, it has no application to the present facts involving demand of additional tax on simple processing of income. As noted above, processing of a return under Section 143(1

VIGILANCE SECURITY SERVICES (P) LTD., SEC'BAD,HYDERABAD vs. ACIT (OSD), RANGE-3, HYD, HYDERABAD

In the result, appeal of assessee is allowed

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

68,33,490 ----------------------- However, he has initiated penalty proceedings u/s. 271(1)(c). 3. In the proceedings, assessee submitted that they were advised wrongly by their counsel that Long Term Capital Gain was also exempt under the provisions of MAT and once it has been I.T.A. No. 35/Hyd/2016 :- 3 -: pointed out that the claim made is not correct, Assessee

DCIT,CIRCLE-17(1), HYD, HYDERABAD vs. DR. REDDY'S LABOURATORIES LTD., HYD, HYDERABAD

In the result, appeal of the revenue is dismissed

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmanassessment Year: 2006-07

Section 271. The case of Dr. Reddy’s Laboratories Ltd., Hyd. the assessee should have been examined from the point of view whether the assessee withheld any particulars or concealed any income with any malafide intention. If there is no such finding, the levy of penalty is not warranted and needs to be quashed. 5.2 While continuing the submissions

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

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

RAVI RISHI EDUCATIONAL SOCIETY,HYDERABAD vs. DCIT., CENTRAL CIRCLE 2(4), HYDERABAD

sections": [ "Sec. 143(1)", "Sec. 271D", "Sec. 154", "Sec. 250", "Sec. 11", "Sec. 12", "Sec. 10B", "Sec. 119(2)(b)", "Sec. 269SS", "Sec. 273B", "Sec. 68", "Sec. 69", "Sec. 56", "Sec. 57", "Sec. 139(1)", "Sec. 119(2)(b)", "Sec. 154", "Sec. 143(1)", "Sec. 143(3)", "Sec. 11", "Sec. 12AA

BALREDDY GADE,SECUNDERABAD vs. ADDL. CIT., CENTRAL RANGE-1, HYDERABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.575 To 578/Hyd/2025 (निर्धारण वर्ा/Assessment Years:2009-10, 2010-11 & 2013-14) Shri Balreddy Gade, Addl. Commissioner Of Income Tax, Vs. Hyderabad. Central Range-1, Pan:Adepg7858D Hyderabad. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri K C Devdas, C.A. रधजस् व द्वधरध/Revenue By:: Dr. Narendra Kumar Naik, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 07/08/2025 घोर्णध की तधरीख/Pronouncement: 28/08/2025 आदेश/Order Per Bench :

68 of the Act, it ceases to be a ‘loan’ or ‘deposit’ received from a third party, thereby rendering Section 269SS inapplicable, as upheld by various judicial precedents. 3. That the learned CIT(A) has erred in law and on facts in confirming the penalty under Section 271D without considering that the learned Assessing Officer (‘AO’) has also

BALREDDY GADE,SECUNDERABAD vs. ADDL. CIT., CENTRAL RANGE-1, HYDERABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.575 To 578/Hyd/2025 (निर्धारण वर्ा/Assessment Years:2009-10, 2010-11 & 2013-14) Shri Balreddy Gade, Addl. Commissioner Of Income Tax, Vs. Hyderabad. Central Range-1, Pan:Adepg7858D Hyderabad. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri K C Devdas, C.A. रधजस् व द्वधरध/Revenue By:: Dr. Narendra Kumar Naik, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 07/08/2025 घोर्णध की तधरीख/Pronouncement: 28/08/2025 आदेश/Order Per Bench :

68 of the Act, it ceases to be a ‘loan’ or ‘deposit’ received from a third party, thereby rendering Section 269SS inapplicable, as upheld by various judicial precedents. 3. That the learned CIT(A) has erred in law and on facts in confirming the penalty under Section 271D without considering that the learned Assessing Officer (‘AO’) has also

BALREDDY GADE,SECUNDERABAD vs. ADDL. CIT., CENTRAL RANGE-1, HYDERABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.575 To 578/Hyd/2025 (निर्धारण वर्ा/Assessment Years:2009-10, 2010-11 & 2013-14) Shri Balreddy Gade, Addl. Commissioner Of Income Tax, Vs. Hyderabad. Central Range-1, Pan:Adepg7858D Hyderabad. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri K C Devdas, C.A. रधजस् व द्वधरध/Revenue By:: Dr. Narendra Kumar Naik, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 07/08/2025 घोर्णध की तधरीख/Pronouncement: 28/08/2025 आदेश/Order Per Bench :

68 of the Act, it ceases to be a ‘loan’ or ‘deposit’ received from a third party, thereby rendering Section 269SS inapplicable, as upheld by various judicial precedents. 3. That the learned CIT(A) has erred in law and on facts in confirming the penalty under Section 271D without considering that the learned Assessing Officer (‘AO’) has also

BALREDDY GADE,SECUNDERABAD vs. ADDL. CIT., CENTRAL RANGE-1, HYDERABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.575 To 578/Hyd/2025 (निर्धारण वर्ा/Assessment Years:2009-10, 2010-11 & 2013-14) Shri Balreddy Gade, Addl. Commissioner Of Income Tax, Vs. Hyderabad. Central Range-1, Pan:Adepg7858D Hyderabad. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri K C Devdas, C.A. रधजस् व द्वधरध/Revenue By:: Dr. Narendra Kumar Naik, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 07/08/2025 घोर्णध की तधरीख/Pronouncement: 28/08/2025 आदेश/Order Per Bench :

68 of the Act, it ceases to be a ‘loan’ or ‘deposit’ received from a third party, thereby rendering Section 269SS inapplicable, as upheld by various judicial precedents. 3. That the learned CIT(A) has erred in law and on facts in confirming the penalty under Section 271D without considering that the learned Assessing Officer (‘AO’) has also

S A BUILDERS & DEVELOPERS ,HYDERABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX ,CENTRAL CIRCLE-1(2) , HYDERABAD

In the result, Ground Nos

271(1)(c) of the Act are attracted for furnishing inaccurate particulars of\nincome.\nDisallowance: Rs.12,76,50,000/-\n26. Thus, the Assessing Officer noted that the assessee\nhas purchased the land from M/s. Neelanchal Roadways (P) Ltd\nand also shown as TDS payable of Rs.42,55,000/-. Since the\nassessee has not deposits this amount in the Govt. Account

ASSISTANT COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-2(1) , HYDERABAD vs. S A BUILDERS AND DEVELOPERS , HYDERABAD

The appeals of the Revenue are dismissed

271(1)(c) of the Act are attracted for furnishing inaccurate particulars of\nincome.\nDisallowance: Rs.12,76,50,000/-\n26. Thus, the Assessing Officer noted that the assessee\nhas purchased the land from M/s. Neelanchal Roadways (P) Ltd\nand also shown as TDS payable of Rs.42,55,000/-. Since the\nassessee has not deposits this amount in the Govt. Account

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

68,016/-. ITA Nos.1613 & 1632/Hyd/2017 Page 7 5. The assessee raised as many as 11 grounds in this appeal. During the appellate proceedings the Ld. AR withdraw Ground No.9, hence the same is not required to be separately adjudicated. Further Ground No.8 of the assessee relates to initiation of penalty proceedings under section 271(1) (c

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(4), HYDERABAD vs. ORBIT VENTURES, HYDERABAD

In the result, the appeal of Revenue in ITA

Bench: Before Shri Rama Kanta Panda & Shri Laliet Kumar

sections of the Act under any five heads of income. 15. The Ld. CIT(A) erred in initiating the penalty proceedings u/s 271(1)(c) against concealment of income without appreciating the facts. 16. The Ld. CIT (A) has erred in charging interest u/s 234A, 234B and 234C of the Act basing on the income determined in the assessment