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

Section 68 of the Act, as it stood prior to the Finance Act, 2012, is being extracted below:- "68. Cash credits--Where any sum is found credited in the books of an assessee maintained for any previous year, and the assessee offers no Page 25 of 42

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

Section 68 of the Act, as it stood prior to the Finance Act, 2012, is being extracted below:- "68. Cash credits--Where any sum is found credited in the books of an assessee maintained for any previous year, and the assessee offers no Page 25 of 42

LALITHA PADMAJA THALLAPALLI,KURNOOL vs. ITO., WARD-1, KURNOOL

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

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

Section 68 of the Act, cash deposits of Rs. 38,42,000/- under Section 69A of the Act towards

SREE NAGENDRA CONSTRUCTIONS,,KHAMMAM vs. DCIT, CIRCLE -2(1), HYDERABAD

In the result, appeal filed by the assessee is allowed

section 68 cannot\nbe applied to sundry creditors and the assessee cannot be\napplied to sundry creditors and the assessee cannot be\nasked to prove the 3 ingredients of cash credits in respect of\nsundry creditors. The sundry credits have arisen out of\ntransactions with the assessee of supply of goods or\nservices and unless the AO proves that

GUPTA ASHOK KUMAR,HYDERABAD vs. INCOME TAX OFFICER, WARD-1(2), HYDERABAD

In the result, appeal of the assessee allowed

Bench: Shri Manjunatha G & Shri Ravish Sood

section 68 of the Act. The relevant findings of the Tribunal are as under. “43. We have heard the rival contentions and perused the material placed on record. In this appeal revenue challenges the finding of the ld. CIT(A) raising two ground effectively dealing with the deletion of addition of Rs.1,75,00,364/-. The revenue state that

MUSADDILAL GEMS JEWELS PRIVATE LIMITED ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(1), HYDERABAD

In the result, we uphold the addition of Rs

Bench: Before Shri Rama Kanta Panda & Shri Laliet Kumar

section 68 of the Act.” 5. The grounds raised by the Revenue in ITA No.59/Hyd/2021 reads as under : “1. The ld.CIT(A) erred both in law and on facts of the case in allowing relief to the assessee. 2. The ld.CIT(A) erred in granting relief of Rs.37,11,34,000/- in respect of the addition made u/s 68

VAISHNAVI BULLION PRIVATE LIMITED ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(1), HYDERABAD

In the result, we uphold the addition of Rs

Bench: Before Shri Rama Kanta Panda & Shri Laliet Kumar

section 68 of the Act.” 5. The grounds raised by the Revenue in ITA No.59/Hyd/2021 reads as under : “1. The ld.CIT(A) erred both in law and on facts of the case in allowing relief to the assessee. 2. The ld.CIT(A) erred in granting relief of Rs.37,11,34,000/- in respect of the addition made u/s 68

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE3-(1), HYDERABAD vs. M/S. MUSADDILAL GEMS AND JEWELS PRIVATE LIMITED, HYDERABAD

In the result, we uphold the addition of Rs

Bench: Before Shri Rama Kanta Panda & Shri Laliet Kumar

section 68 of the Act.” 5. The grounds raised by the Revenue in ITA No.59/Hyd/2021 reads as under : “1. The ld.CIT(A) erred both in law and on facts of the case in allowing relief to the assessee. 2. The ld.CIT(A) erred in granting relief of Rs.37,11,34,000/- in respect of the addition made u/s 68

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE3-(1), HYDERABAD vs. VAISHNAVI BULLION PRIVATE LIMITED, HYDERABAD

In the result, we uphold the addition of Rs

Bench: Before Shri Rama Kanta Panda & Shri Laliet Kumar

section 68 of the Act.” 5. The grounds raised by the Revenue in ITA No.59/Hyd/2021 reads as under : “1. The ld.CIT(A) erred both in law and on facts of the case in allowing relief to the assessee. 2. The ld.CIT(A) erred in granting relief of Rs.37,11,34,000/- in respect of the addition made u/s 68

AGARWAL INDUSTRIES PRIVATE LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-1(1), HYDERABAD

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

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

Section 68 casts liability on Govindrarajulu 807 SC assessee: The assessee has to Mudaliar prove satisfactorily the source and nature of certain amounts of cash received during the accounting year and if not, the ITO is entitled to draw the 12 Agarwal Industries Pvt.Ltd. inference that the receipts are of an Independent (2012) 103 68 AO is not under

INCOME TAX OFFICER, WARD-2(2), HYDERABAD vs. GENESIS CROP SCIENCES (INDIA) PRIVATE LIMITED , HYDERABAD

In the result, appeal of the Revenue is dismissed

Bench: Smt. P. Madhavi Devi & Shri A. Mohan Alankamonya.Y. 2012-13 Income Tax Officer, Vs. Genesis Crop Sciences Ward-2(2), (India) Pvt Limited, Hyderabad. Hyderabad. Pan: Aaccg 7207 N (Appellant) (Respondent) Assessee By: Sri K.A. Sai Prasad Revenue By: Sri Sunil Kumar Pandey Date Of Hearing: 17/02/2021 Date Of Pronouncement: 03/05/2021 Order Per A. Mohan Alankamony, Am.:

42,69,513/- invoking the provisions of section 68 of the Act.” 3. The brief facts of the case

DCIT, CIRCLE-1(2), HYDERABAD, HYDERABAD vs. BRAMHANI INDUSTRIES LIMITED, JAMMALAMADUGU, YSR DIST., YSR DIST.

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

Bench: Shri A. Mohan Alankamony & Sri Chandra Mohan Garga.Y. 2010-11 Bramhani Industries Limited, Vs. Dcit, Jammalamadugu. Circle-1(3), Pan: Aadcb 1666 M Hyderabad. (Appellant) (Respondent) Ay: 2010-11 Dcit, Vs. Bramhani Industries Circle-1(2), Limited, Hyderabad. Jammalamadugu. Pan: Aadcb 1666 M (Appellant) (Respondent) Assessee By Sri Gowtham Jain Revenue By Sri K.V. Aravind, Sr. Standing Counsel For Dr Date Of Hearing: 12/10/2021 Date Of Pronouncement: 06/01/2022 Order

42 Taxmann.com 339). 31. To sum up, Section 68 of the Act provides that, if any sum found credited

BRAMHANI INDUSTRIES LIMITED, JAMMALAMADUGU,KADAPA vs. DCIT, CIRCLE-1(3), HYDERABAD, HYDERABAD

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

Bench: Shri A. Mohan Alankamony & Sri Chandra Mohan Garga.Y. 2010-11 Bramhani Industries Limited, Vs. Dcit, Jammalamadugu. Circle-1(3), Pan: Aadcb 1666 M Hyderabad. (Appellant) (Respondent) Ay: 2010-11 Dcit, Vs. Bramhani Industries Circle-1(2), Limited, Hyderabad. Jammalamadugu. Pan: Aadcb 1666 M (Appellant) (Respondent) Assessee By Sri Gowtham Jain Revenue By Sri K.V. Aravind, Sr. Standing Counsel For Dr Date Of Hearing: 12/10/2021 Date Of Pronouncement: 06/01/2022 Order

42 Taxmann.com 339). 31. To sum up, Section 68 of the Act provides that, if any sum found credited

ITO., WARD-16(1), HYDERABAD vs. PHOENIX INFRAVENTURES AND PROJECTS PRIVATE LIMITED, HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri G. Manjunatha, Hon’Bleassessment Year: 2022-23 The Income Tax Officer, Vs. Phoenix Infraventures & Projects Private Limited, Ward – 16(1), Hyderabad. Hyderabad. Pan No.Aafcp5499L. (Assessee) (Respondent) Assessee By: Shri R. Mohan Kumar, Advocate Revenue By: Shri B. Bala Krishna, Cit-Dr Date Of Hearing: 24.12.2024 Date Of Pronouncement: 24.02.2025

68 of the IT Act, 1961, the identification of the purpose would include place of work, the staff, the fact that it was actually carrying out the business and the recognition the said company in the eye of the public. This is the position of law laid down by jurisdictional High Court in the case of Commissioner of Income

ANANDA PRASAD VENIGALA,HYDERABAD vs. DCIT, CIRCLE-1(1), HYDERABAD

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

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1384/Hyd/2024 (निर्धारण वर्ा/Assessment Year:2017-18) Shri Ananda Prasad Venigala, Dy. Commissioner Of Income Tax, Vs. Circle-1(1), Hyderabad. Hyderabad. Pan:Aewpp1096B (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S. Rama Rao, Advocate रधजस् व द्वधरध/Revenue By:: Dr. Sachin Kumar, Sr-Dr सुिवधई की तधरीख/Date Of Hearing: 31/07/2025 घोर्णध की तधरीख/Pronouncement: 06/08/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Ananda Prasad Venigala (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”), Dated 18.11.2024 For The A.Y. 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal :

42,547/-, being the actual ITA No.1384/Hyd/2024 12 amount of exempt income earned by the assessee. Accordingly, this issue of the assessee is partly allowed. 11. As far as the addition under section 68

ACIT., CIRCLE-5(1), HYDERABAD vs. PENNA CEMENT INDUSTRIES LIMITED, HYDERABAD

68 of the Act. In view of the foregoing discussion, we uphold the order of the CIT(Appeals) in deleting the addition of Rs. 1,29,91,000/-. The Ground of appeal No. 5 raised by the revenue is dismissed in terms of our aforesaid observations. 29. Resultantly, the appeal filed by the Revenue in ITA No. 1083/Hyd/2024

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

In the result, appeal of the assessee is dismissed

Bench: Shri K. Narasimha Chary

42 taxmann.com 339 (Delhi) and CIT vs. Nova Promoters & Finlease (P) Ltd. 18 taxmann.com 217 held Page 8 of 27 that it is legitimate for the learned Assessing Officer to look into the issues like - whether the two parties are related or known to each other, or mode by which parties approached each other? whether the transaction is entered into

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

In the result, appeal of the assessee is dismissed

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

42 taxmann.com 339 (Delhi) and CIT vs. Nova Promoters & Finlease (P) Ltd. 18 taxmann.com 217 held that it is legitimate for the learned Assessing Officer to look into the issues like - whether the two parties are related or known to each other, or mode by which parties approached each other? whether the transaction is entered into through written documentation

ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, ANANTAPUR vs. SAVEERA HOSPITAL PRIVATE LIMITED , ANANTAPUR

In the result, appeals of the Revenue are accordingly allowed and consequently the cross objections preferred by the assessee are dismissed

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

42,87,807/- for the assessment year 2015-16. 4. On verification of the material that was produced before him by the assessee in respect of the share applications and also the short-term borrowings and trade payables, learned Assessing Officer did not believe the version of the assessee. According to the learned Assessing Officer the share applicants in respect