SUDHIR BABU CHALASANI,HYDERABAD vs. INCOME TAX OFFICER, WARD-17(1), HYDERABAD

In the result, the appeal filed by the assessee in ITA

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

price of the above company has raised to all-time high in the share market. Further, the above company has declared penny stock by SEBI and an investigation has been ordered. The A.O. on the basis of report of the Directorate of Investigation Wing, Kolkata coupled with the financial statements of Stampede Capital Ltd has arrived at a conclusion that

SUDHIR BABU CHALASANI,HYDERABAD vs. INCOME TAX OFFICER, WARD-17(1), HYDERABAD

In the result, the appeal filed by the assessee in ITA

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

price of the above company has raised to all-time high in the share market. Further, the above company has declared penny stock by SEBI and an investigation has been ordered. The A.O. on the basis of report of the Directorate of Investigation Wing, Kolkata coupled with the financial statements of Stampede Capital Ltd has arrived at a conclusion that

SUDHIR BABU CHALASANI,HYDERABAD vs. INCOME TAX OFFICER, WARD-17(1), HYDERABAD

In the result, the appeal filed by the assessee in ITA

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

price of the above company has raised to all-time high in the share market. Further, the above company has declared penny stock by SEBI and an investigation has been ordered. The A.O. on the basis of report of the Directorate of Investigation Wing, Kolkata coupled with the financial statements of Stampede Capital Ltd has arrived at a conclusion that

SUDHIR BABU CHALASANI,HYDERABAD vs. INCOME TAX OFFICER, WARD-17(1), HYDERABAD

In the result, the appeal filed by the assessee in ITA

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

price of the above company has raised to all-time high in the share market. Further, the above company has declared penny stock by SEBI and an investigation has been ordered. The A.O. on the basis of report of the Directorate of Investigation Wing, Kolkata coupled with the financial statements of Stampede Capital Ltd has arrived at a conclusion that

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

transfer of capital asset and how the long term capital gains are derived and exemption could be claimed. Assessee never revealed the source of his information about this particulars M/s. Unno Industries Ltd. or its prospects giving hope to him to invest amount in this by purchasing good amount of shares etc. Learned Assessing Officer in the assessment order dealt

KUPPAM EDUCATIONAL SOCIETY,KUPPAM vs. INCOME TAX OFFICER (EXEMPTIONS), TIRUPATI

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

Bench: Shri K. Narasimha Chary & Shri Madhusudan Sawdia

purchases are made by the assessee in good faith and all the bills are given at hand length prices. The said transactions are made in the normal course of the business. As such there are no bogus bills/Purchases so as to be subjected to an addition on the ground.” 4. The assessee also raised the following additional ground before

SRINIVAS SHAH RADRARAJU ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(1), HYDERABAD

In the result, appeal filed by the assessee is allowed

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.957/Hyd/2019 (निर्धारण वर्ा/Assessment Year: 2014-15) Srinivas Shah Rudraraju Vs. Dcit, Circle-2(1) Hyderabad Hyderabad [Pan :Afcpr1979L] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Dr.Sachin Kumar, Dr सुिवधई की तधरीख/Date Of Hearing: 15/01/2025 घोर्णध की तधरीख/Date Of 05/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.03.2019 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)]-2, Guntur, Pertaining To A.Y.2014-15. 2. The Brief Facts Of The Case Are That, The Assessee Is An Individual, Filed His Return Of Income For The A.Y.2014-15 On 31.03.2015, Admitting Total Income Of Rs.53,50,976/-. The Case Was Selected For Scrutiny Under Cass For The Reason ‘Suspicious Long Term Capital Gain On Shares’ & During The Course Of Assessment Proceedings, The Assessing Officer, Noticed That The 2 Srinivas Shah Rudra Raju

transfer of shares of Turbotech Engineering Ltd. is unexplained cash credit, assessable u/s 68 of the Act. 9 Srinivas Shah Rudra Raju 9. The assessee has relied upon the decision of ITAT Hyderabad in the case of Ishoo Narang Vs. DCIT (supra). We find that the coordinate bench of ITAT has considered identical issue of purchase and sale of shares

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

purchased 1,50,000 shares of M/s. Life Line Drugs & Pharma Ltd., at Rs. 6/- per share and sold the same at Rs. 283/- per share in a span of 19 months. She, therefore, entertained the doubt. On verification, learned Assessing Officer found that there is a huge syndicate of entry operators, sharebrokers and money launders involved in providing bogus

VENU GOPAL KARWA,KARIMNAGAR vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-1(2), HYDERABAD

In the result, appeal filed by the assessee is allowed for statistical purposes

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarassessment Year: 2015-16 Shri Venu Gopal Karwa Vs. Dy. C. I. T. Karimnagar Central Circle 1(2) Pan:Aavpk2698B Hyderabad (Appellant) (Respondent) Assessee By: Shri V Guna Sekhar Reddy, Ca Revenue By: Shri Jeevan Lal Lavidiya, Cit (Dr) Date Of Hearing: 25/07/2023 Date Of Pronouncement: 31/07/2023 Order Per R.K. Panda, Vice-This Appeal Filed By The Assessee Is Directed Against The Order Dated 30.10.2018 Of The Learned Cit (A)-11, Hyderabad, Relating To A.Y.2015-16. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Derives Income From Salary, Hose Property & Other Sources. He Filed His Return Of Income On 6.3.2016 Belatedly Declaring Taxable Income At Rs.47,71,060/-. The Return Was Selected For Complete Scrutiny Under Cass. Accordingly Statutory Notices U/S 143(2) & 142(1) Were Issued & Served On The Assessee To Which The Ar Of The Assessee Appeared From Time To Time & Furnished The Requisite Details. One Of The Cass Reasons Page 1 Of 14

bogus entries of Long-Term Capital Gains (LTCG) which is exempt from tax u/s 10(38) of the I.T. Act. The modus operandi adopted by the operators was to make the beneficiary buy some shares of a pre-determined penny stock company controlled by them. The shares are transferred to the beneficiary at a very nominal price mostly off-line

BIKASH KUMAR KEDIA ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(1), HYDERABAD

In the result, appeal filed by the assessee in ITA

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.707/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2015-16) Shri Subhash Kumar Kedia Vs. Asstt. C. I. T. Hyderabad Central Circle 3(1) Pan:Afvpk8915Q Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No. 405/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2015-16) Vs. Shri Bikash Kumar Asstt. C. I. T. Kedia Hyderabad Central Circle 3(1) Pan:Afapk8794E Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Vamshi Krishna, Dr सुनवाई की तारीख/Date Of Hearing: 09/10/2024 घोषणा की तारीख/Pronouncement: 29/10/2024 आदेश/Order Per Manjunatha, G. A.M These Two Appeals Filed By Different Assessees Are Directed Against The Separate, But Identical Orders Dated 31/01/2020 Of The Learned Cit (A)-11, Hyderabad Relating To Page 1 Of 33

bogus companies. The Assessing Officer further noted that the prices of shares of SCIL has raised from Rs.0 to Rs.108/- within a short span of time which is not possible considering the fact that there was practically no viable activity in the company and this fact is confirmed by the Director of SCIL Shri Dipen Patel Jesinghbhai while recording statement

SUBHASH KUMAR KEDIA,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-3(1), HYDERABAD

In the result, appeal filed by the assessee in ITA

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.707/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2015-16) Shri Subhash Kumar Kedia Vs. Asstt. C. I. T. Hyderabad Central Circle 3(1) Pan:Afvpk8915Q Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No. 405/Hyd/2020 (िनधा"रण वष"/Assessment Year: 2015-16) Vs. Shri Bikash Kumar Asstt. C. I. T. Kedia Hyderabad Central Circle 3(1) Pan:Afapk8794E Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Vamshi Krishna, Dr सुनवाई की तारीख/Date Of Hearing: 09/10/2024 घोषणा की तारीख/Pronouncement: 29/10/2024 आदेश/Order Per Manjunatha, G. A.M These Two Appeals Filed By Different Assessees Are Directed Against The Separate, But Identical Orders Dated 31/01/2020 Of The Learned Cit (A)-11, Hyderabad Relating To Page 1 Of 33

bogus companies. The Assessing Officer further noted that the prices of shares of SCIL has raised from Rs.0 to Rs.108/- within a short span of time which is not possible considering the fact that there was practically no viable activity in the company and this fact is confirmed by the Director of SCIL Shri Dipen Patel Jesinghbhai while recording statement

ACIT., CIRCLE 8(1), HYDERABAD vs. V DREAM TECHNOLOGY & COMMUNICATION PRIVATE LIMITED, HYDERABAD

In the result, appeal filed by the Revenue is allowed for statistical purposes

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No. 1197/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18) A.C.I.T Vs. V Dream Technology & Circle 8(1) Communication (P) Ltd Hyderabad Hyderabad Pan:Aaecv9284A (Appellant) (Respondent) राज" व "ारा/Revenue By Dr. Sachin Kumar, Dr िनधा"रती "ारा/Assessee By N O N E सुनवाई की तारीख/Date Of Hearing: 13/01/2025 घोषणा की तारीख/Pronouncement: 13/01/2025

purchased. Also, the assessee have not furnished agreements entered into with company regarding terms of “absorption of the price variance” i.e., whether it should be in the hands of the distributor or the manufacturer. Be that as it may, considering that the assessee have transferred the price variance to the owner, the details of the same were not produced Page

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

Transfer Pricing Officer (TPO) in respect of specified domestic transactions reported by the assessee company. The TPO, after examining the submissions and documentation furnished by the assessee company, passed an order under section 92CA(3) of the Act, determining the arm's length price (ALP) of the specified domestic transactions and did not propose any adjustment. 4. Thereafter

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

Transfer Pricing Officer\n(TPO) in respect of specified domestic transactions reported by the\nassessee company. The TPO, after examining the submissions and\ndocumentation furnished by the assessee company, passed an order\nunder section 92CA(3) of the Act, determining the arm's length price\n(ALP) of the specified domestic transactions and did not propose any\nadjustment.\n4.\nThereafter

DEEPAK NAGORI ,HYDERABAD vs. INCOME TAX OFFICER, WARD-8(3), HYDERABAD

In the result, appeal filed by the assessee is dismissed

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarassessment Year:2012-13 Shri Deepak Nagori Vs. Income Tax Officer Hyderabad Ward 8(3) Hyderabad (Appellant) (Respondent) Pan:Abspn3300M Assessee By: None Revenue By: Shri K. Madhusudan, Cit(Dr) Date Of Hearing: 07/12/2023 Date Of Pronouncement: 12/12/2023 Order Per Laliet Kumar, J.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.05.2018 Of The Learned Cit (A)-2, Hyderabad Relating To A.Y.2012-13. 2. The Grounds Raised By The Assessee Reads As Under: “1. That The Appellant Is An Individual & Filed His Income Tax Return (Tr) For Fy 2011-12 By Declaring Income Of Rs.5,82,686/-. The Itr Includes Long Term Capital Gains Of Rs.23,08,721/- & Claimed Exemption Under Section 10(38) Of It Act 1961. Notices Issued Under Section 148 & Notice Under Section 142(1) Of The Income Tax Act, 1961. The Ld. Ao Passed The Assessment Order Under Section 143(3) R.W.S. 147 Of The I.T Act, 1961 & The Same Was Upheld By Ld. Cit(A).

price and the capital gains Rs.23,08,721/- arisen on account of such sale was claimed as exemption under section 10(38) of the Act. 3.3. The Assessing Officer, however, observed that the events of purchase / sale, generation of capital gains and the claim u/s 10(38) of the Act thereof, are not as simple or lucid as stated

TARUN KUMAR GOYAL (HUF) ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(2), HYDERABAD

In the result, both the appeals filed by the assessee are allowed

Bench: Shri Manjunatha. G & Shri K. Narasimha Chary

Transfer Expenses of Rs. 26,527.82, worked out long term capital gain at Rs. 36,76,913/- and claimed the en"re capital gain as exempt u/s 10(38) of the Act. 9. We further noted that the shares are purchased from M/s. Sanskri" Vincom Private Limited and the same was purchased through Bank Statement which are furnished

TARUN KUMAR GOYAL (HUF),HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(2), HYDERABAD

In the result, both the appeals filed by the assessee are allowed

Bench: Shri Manjunatha. G & Shri K. Narasimha Chary

Transfer Expenses of Rs. 26,527.82, worked out long term capital gain at Rs. 36,76,913/- and claimed the en"re capital gain as exempt u/s 10(38) of the Act. 9. We further noted that the shares are purchased from M/s. Sanskri" Vincom Private Limited and the same was purchased through Bank Statement which are furnished

NARESH KUMAR AGARWAL ,SECUNDERABAD vs. INCOME TAX OFFICER, WARD-10(2), HYDERABAD

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

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumars.No Ita No Assessee Revenue A.Y 1 125/Hyd/2020 Shri Govind Kumar Income Tax 2015-16 Agarwal, Hyderabad Officer Ward 4(2) Pan:Aempa6821K Hyderabad 2 1940/Hyd/2018 Shri Govind Kumar Income Tax 2014-15 Agarwal, Hyderabad Officer Ward 4(2) Pan:Aempa6821K Hyderabad 3 1941/Hyd/2018 Shri Naresh Kumar Income Tax 2015-16 Agarwal, Officer Ward Secunderabad 10(2) Hyderabad Pan:Adhpa8519L 4 1942/Hyd/2018 Shri Sumeet Kumar Income Tax 2015-16 Agarwal, Officer Ward Secunderabad 10(2) Hyderabad Pan:Adhpa8516F 5 704/Hyd/2019 Smt. Saroj Agarwal, Income Tax 2015-16 Hyderabad Officer Ward 4(2) Pan:Adhpa8513A Hyderabad 6 705/Hyd/2019 Shri Vikas Kumar Income Tax 2015-16 Agarwal Hyderabad Officer Ward Pan:Adhpa8515G 4(2)Hyderabad 7 89/Hyd/2022 Shri Nageswara Rao Acit, Central 2015-15 Pinneti, Hyderabad Circle 1(2) Pan:Acupp6464D Hyderabad 8 167/Hyd/2018 Shri Abhishek Income Tax 2014-15 Agarwal, Hyderabad Officer Pan:Adypa7514N Ward 16(2) Hyderabad Assessee By: Shri K.A. Sai Prasad, Ca (S.No.1 To 6), Shri P. Vinod, Advocate (S.No.7) & Shri S. Rama Rao, Advocate (S.No.8) Revenue By: Shri Ch V Gopinath, Cit(Dr)

transferred to the beneficiary at a very nominal price mostly off-line through preferential allotment or off-line sale to save STT or by share allotment. The beneficiary holds the share for one year, the statutory period after which LTCG is exempt under section 10(38) of the I.T. Act, 1961. In the meantime, the operators rig the price