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

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

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

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

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) of the Act. Ld.AR further contended that penalty proceedings are different from assessment proceedings and the assessee can always make fresh arguments for cancellation of penalty. 6. Per contra, ld.DR has drawn our attention to the order passed by ld.CIT(A) wherein it was held as under : 5.2. The only ground that requires to be adjudicated here

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) of the Act. Ld.AR further contended that penalty proceedings are different from assessment proceedings and the assessee can always make fresh arguments for cancellation of penalty. 6. Per contra, ld.DR has drawn our attention to the order passed by ld.CIT(A) wherein it was held as under : 5.2. The only ground that requires to be adjudicated here

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

INVEST SMART INDIA PRIVATE LIMITED,HYDERABAD vs. ITO, WARD-2(1), HYDERABAD

In the result, appeal filed by the assessee is allowed

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarआ.अपी.सं /Ita No. 331/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2013-14) Invest Smart India (P) Ltd Vs. Income Tax Officer Hyderabad Ward 2(1) Pan:Aftpg1095F Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri N. Raja Kumar, Dr सुनवाई की तारीख/Date Of Hearing: 20/02/2024 घोषणा की तारीख/Pronouncement: 22/02/2024 Order Per R.K. Panda, Vice-This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.04.2023 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2013-14. 2. Although A Number Of Grounds Have Been Raised By The Assessee, However, These All Relate To The Order Of The Learned Cit (A) Nfac In Confirming The Penalty Of Rs.30,000/- Levied By The Assessing Officer U/S 271(1)(B) Of The I.T. Act. 3. Facts Of The Case, In Brief, Are That The Assessee Is A Private Limited Company & Did Not File Its Return Of Income Nor

68 of the I.T. Act. Since the assessee did not respond to the statutory notices issued u/s 142(1) dated 30.06.2021, 29.11.2021 and 22.12.2021, the Assessing Officer issued notice u/s 274 r.w.s. 271(1)(b) dated 29.3.2022 asking the assessee to explain as to why penalty u/s 271(1)(b) should not be levied. Since there was no response from

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE3-(4), HYDERABAD vs. ORBIT VENTURES, HYDERABAD

In the result, the appeal of Revenue in ITA

Bench: Before Shri Rama Kanta Panda & Shri Laliet Kumar

B ‘ Bench, Hyderabad Before Before Shri Rama Kanta Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member Sl. ITA No Assess- Appellant / Respondent No ment Year Assessee 1 9/Hyd/2021 2011-12 M/s. Orbit DCIT, Ventures, Central Hyderabad. 2 10/Hyd/2021 2012-13 Circle – 3(4), 3 13/Hyd/2021 2017-18 PAN : AAEF08139J Hyderabad. 4 34/Hyd/2021 2011-12 DCIT, M/s. Orbit Central Circle

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

In the result, the appeal of Revenue in ITA

Bench: Before Shri Rama Kanta Panda & Shri Laliet Kumar

B ‘ Bench, Hyderabad Before Before Shri Rama Kanta Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member Sl. ITA No Assess- Appellant / Respondent No ment Year Assessee 1 9/Hyd/2021 2011-12 M/s. Orbit DCIT, Ventures, Central Hyderabad. 2 10/Hyd/2021 2012-13 Circle – 3(4), 3 13/Hyd/2021 2017-18 PAN : AAEF08139J Hyderabad. 4 34/Hyd/2021 2011-12 DCIT, M/s. Orbit Central Circle

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

B ‘ Bench, Hyderabad Before Before Shri Rama Kanta Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member Sl. ITA No Assess- Appellant / Respondent No ment Year Assessee 1 9/Hyd/2021 2011-12 M/s. Orbit DCIT, Ventures, Central Hyderabad. 2 10/Hyd/2021 2012-13 Circle – 3(4), 3 13/Hyd/2021 2017-18 PAN : AAEF08139J Hyderabad. 4 34/Hyd/2021 2011-12 DCIT, M/s. Orbit Central Circle

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

In the result, the appeal of Revenue in ITA

Bench: Before Shri Rama Kanta Panda & Shri Laliet Kumar

B ‘ Bench, Hyderabad Before Before Shri Rama Kanta Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member Sl. ITA No Assess- Appellant / Respondent No ment Year Assessee 1 9/Hyd/2021 2011-12 M/s. Orbit DCIT, Ventures, Central Hyderabad. 2 10/Hyd/2021 2012-13 Circle – 3(4), 3 13/Hyd/2021 2017-18 PAN : AAEF08139J Hyderabad. 4 34/Hyd/2021 2011-12 DCIT, M/s. Orbit Central Circle

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

In the result, the appeal of Revenue in ITA

Bench: Before Shri Rama Kanta Panda & Shri Laliet Kumar

B ‘ Bench, Hyderabad Before Before Shri Rama Kanta Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member Sl. ITA No Assess- Appellant / Respondent No ment Year Assessee 1 9/Hyd/2021 2011-12 M/s. Orbit DCIT, Ventures, Central Hyderabad. 2 10/Hyd/2021 2012-13 Circle – 3(4), 3 13/Hyd/2021 2017-18 PAN : AAEF08139J Hyderabad. 4 34/Hyd/2021 2011-12 DCIT, M/s. Orbit Central Circle

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

B ‘ Bench, Hyderabad Before Before Shri Rama Kanta Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member Sl. ITA No Assess- Appellant / Respondent No ment Year Assessee 1 9/Hyd/2021 2011-12 M/s. Orbit DCIT, Ventures, Central Hyderabad. 2 10/Hyd/2021 2012-13 Circle – 3(4), 3 13/Hyd/2021 2017-18 PAN : AAEF08139J Hyderabad. 4 34/Hyd/2021 2011-12 DCIT, M/s. Orbit Central Circle

KALAWATHI BAGAYATH,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-4(1), HYDERABAD

In the result, both the appeal of the assessee in ITA

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

68,5O,OOO/- which has been duly admitted in the return of income for the year under consideration. b) Though the value of the impugned property as per the stamp valuation Authority is Rs.12,37,OO,OOO/-, it is only a deemed consideration for the purpose of Section SOC of the Act. c) Section

KALAWATHI BAGAYATH,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-4(1), HYDERABAD

In the result, both the appeal of the assessee in ITA

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

68,5O,OOO/- which has been duly admitted in the return of income for the year under consideration. b) Though the value of the impugned property as per the stamp valuation Authority is Rs.12,37,OO,OOO/-, it is only a deemed consideration for the purpose of Section SOC of the Act. c) Section

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 :

271(1)(c) of the Act for alleged concealment of income on the same amount, thereby subjecting the appellant to double jeopardy, which is contrary to settled legal principles and in gross violation of the principles of natural justice. ITA Nos.575 to 578/Hyd/2025 3 4. That the learned CIT(A) has failed to appreciate that the cash transactions were incorporated