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 164 of Cr.PC. viii. The assessee had not filled any receipts issued by it in favour of seven persons as alleged by him in subsequent statement dated 20/11/2019. ix. It is not the case of the assessee that at the time of recording of statement during survey, seven person including Neel sunder were present and had pressurized

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 164 of Cr.PC. viii. The assessee had not filled any receipts issued by it in favour of seven persons as alleged by him in subsequent statement dated 20/11/2019. ix. It is not the case of the assessee that at the time of recording of statement during survey, seven person including Neel sunder were present and had pressurized

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 164 of Cr.PC. viii. The assessee had not filled any receipts issued by it in favour of seven persons as alleged by him in subsequent statement dated 20/11/2019. ix. It is not the case of the assessee that at the time of recording of statement during survey, seven person including Neel sunder were present and had pressurized

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

section 68 of the Act. From the balance sheet filed by the assessee, the Ld. AO observed that the assessee company had received aggregate amount of Rs. 311,88,97,970/- towards share subscription from various parties as detailed herein below: Sl Name of the shareholder No. of shares Amount Amount no received upto received upto 31/3/2010 31/3/2009

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

section 68 of the Act. From the balance sheet filed by the assessee, the Ld. AO observed that the assessee company had received aggregate amount of Rs. 311,88,97,970/- towards share subscription from various parties as detailed herein below: Sl Name of the shareholder No. of shares Amount Amount no received upto received upto 31/3/2010 31/3/2009

SANGHI INDUSTRIES LIMITED,HYDERABAD vs. DCIT, CIRCLE -3 (1), HYDERABAD

In the result, the appeal of the assessee is dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

92,167/-, without assigning any reason therefor. 3 ITA (TP) 104/Hyd/2022 Sanghi Industries Limited 8. That in the facts and circumstances of the case, the Ld. AO is not justified in determining the tax payable including interest Rs. 60,06,68,444/- without adjusting brought forward losses and unabsorbed depreciation of earlier assessment years. 9. That in the facts

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

92,000/-; (ii) disallowance of the claim of the assessee company for deduction under section 80G w.r.t CSR donations: Rs. 1,88,97,644/-; (iii) disallowance of the claim of deduction of the assessee company under Section 801A of the Act: Rs. 24,35,05,411/-; and (iv) addition under section 68

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

92,000/-; (ii)\ndisallowance of the claim of the assessee company for deduction under\nsection 80G w.r.t CSR donations: Rs. 1,88,97,644/-; (iii) disallowance of\nthe claim of deduction of the assessee company under Section 801A of\nthe Act: Rs. 24,35,05,411/-; and (iv) addition under section 68

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

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

section 234A(3) and 234B(3) of the I.T. Act which are mandatory and consequential in nature. Accordingly, this ground is dismissed. Page 41 of 82 ITA Nos 132 133 126 134 and 135 Puja Mahesh Babu Hyderabad ITA No.126/Hyd/2019 – A.Y 2013-14 (Revenue) 75. Ground of appeal 1 & 2 raised by the revenue relates to the order

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

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

section 234A(3) and 234B(3) of the I.T. Act which are mandatory and consequential in nature. Accordingly, this ground is dismissed. Page 41 of 82 ITA Nos 132 133 126 134 and 135 Puja Mahesh Babu Hyderabad ITA No.126/Hyd/2019 – A.Y 2013-14 (Revenue) 75. Ground of appeal 1 & 2 raised by the revenue relates to the order

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

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

section 234A(3) and 234B(3) of the I.T. Act which are mandatory and consequential in nature. Accordingly, this ground is dismissed. Page 41 of 82 ITA Nos 132 133 126 134 and 135 Puja Mahesh Babu Hyderabad ITA No.126/Hyd/2019 – A.Y 2013-14 (Revenue) 75. Ground of appeal 1 & 2 raised by the revenue relates to the order

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

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

section 234A(3) and 234B(3) of the I.T. Act which are mandatory and consequential in nature. Accordingly, this ground is dismissed. Page 41 of 82 ITA Nos 132 133 126 134 and 135 Puja Mahesh Babu Hyderabad ITA No.126/Hyd/2019 – A.Y 2013-14 (Revenue) 75. Ground of appeal 1 & 2 raised by the revenue relates to the order

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

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

section 234A(3) and 234B(3) of the I.T. Act which are mandatory and consequential in nature. Accordingly, this ground is dismissed. Page 41 of 82 ITA Nos 132 133 126 134 and 135 Puja Mahesh Babu Hyderabad ITA No.126/Hyd/2019 – A.Y 2013-14 (Revenue) 75. Ground of appeal 1 & 2 raised by the revenue relates to the order

ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KARIMNAGAR vs. DURGA GRANITES, KARIMNAGAR

In the result, appeal of the Revenue is allowed

Bench: Shri A. Mohan Alankamony & Sri S.S. Godaraa.Y. 2014-15 Acit, Vs. Durga Granites, Circle-1, Karimnagar. Karimnagar. Pan: Aagfd 8247 C (Appellant) (Respondent) Assessee By Sri A. Srinivas Revenue By Sri Rohit Mujumdar, Sr. Ar Date Of Hearing: 02/12/2021 Date Of Pronouncement: 31/01/2022 Order

section 68 of the Act. the Assessing Officer has proceeded to identify the source for the respective partners to make that contribution. Such an enquiry can, at the most be conducted against the individual partners. If the partner is an assessee, the concerned Assessing Officer can require him to explain the source of the money contributed

ACIT, CIRCLE-5(1), HYDERABAD vs. LAMPEX ELECTRONICS LIMITED , HYDERABAD

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

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

section 68 1,25,35,576 4. Disallowance of expenditure towards currency 31,38,667 fluctuations 5. Difference in receipts between 26AS and P&L a/c 1,92

LAMPEX ELECTRONICS LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(1), HYDERABAD

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

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

section 68 1,25,35,576 4. Disallowance of expenditure towards currency 31,38,667 fluctuations 5. Difference in receipts between 26AS and P&L a/c 1,92

DY.COMMISSIONER OF INCOME TAX, CIRCLE-16(1), HYDERABAD vs. LABZONE ELECTRONICS CITY PRIVATE LIMITED (FORMERLY KNOWN AS M/S ALEXANDRIA LABSPACE ELECTRONICS CITY PRIVATE LIMITED), HYDERABAD

Appeal is partly allowed for statistical purposes in above terms

Bench: Shri S.S. Godara & Shri Inturi Rama Raoassessment Year: 2013-14 The Deputy Commissioner Vs. M/S. Labzone Electronics Of Income Tax, City Private Limited Circle 16(1), (Formerly Known As M/S. Hyderabad. Alexandria Labspace Electronics City Private Limited), Hyderabad. Pan :Aajca1470G. (Appellant) (Respondent) Assessee By: Shri P.V.S.S. Prasad. Revenue By: Shri Yvst Sai. Date Of Hearing: 14.02.2022 Date Of Pronouncement: 23.02.2022 O R D E R Per S. S. Godara, J.M. This Revenue’S Appeal For A.Y. 2013-14 Arises From The Commissioner Of Income Tax (Appeals) – 4, Hyderabad’S Order Dated 17.07.2019 In Case No.10331/17-18/Dcit, Cir.1(1)/Cit(A)-4/Hyd/19-20, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961 [In Short, ‘The Act’]. Heard Both The Parties. Case File Perused. 2. The Revenue’S Sole Substantive Grievance Raised In The Instant Appeal Challenges Correctness Of The Cit(A)’S Action Deleting Section 94A(4) Addition Of Rs.18,86,00,000/- Made In The Course Of Assessment Framed On 29.12.2016. The Cit(A)’S Lower Appellate Detailed Discussion To This Effect Reads As Follows :-

68 of the Act before the Assessing Officer afresh. 5. Learned authorized representative has drawn strong support from CIT(A)’s detailed discussion deleting the impugned addition made under section 94A of the Act. 6. We have given our thoughtful consideration to rival pleadings. The vexed question before us is of scope and ambit of section

BALAJI INDUSTRAL CORPORATION LIMITED,NELLORE vs. ACIT, CIRCLE-1, NELLORE

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

Bench: SHRI VIJAY PAL RAO, HON'BLE (Vice President), SHRI G. MANJUNATHA, HON’BLE (Accountant Member)

section 68 of the Act. 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 explanation about the nature and source thereof the explanation offered by him is not, in the opinion of the Assessing Officer, satisfactory, the sum so credited may be charged