D. E. SHAW INDIA PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE-8(1), HYDERABAD

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

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1154/Hyd/2024 (निर्धारण वर्ा/Assessment Year:2020-21) M/S. D.E. Shaw India Pvt. Dy. Commissioner Of Income Vs. Ltd., Hyderabad. Tax, Pan:Aaacd7214J Circle 8(1), Hyderabad. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S.P. Chidambaram, Adv. रधजस् व द्वधरध/Revenue By: Ms. U. Mini Chandran, Sr-Dr सुिवधई की तधरीख/Date Of Hearing: 01/09/2025 घोर्णध की तधरीख/Pronouncement: 12/09/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By M/S. D E Shaw India Pvt. Ltd. (“The Assessee”), Feeling Aggrieved By The Assessment Order Passed By The Learned Assessing Officer (“Ld. Ao”) U/S. 143(3) R.W.S. 144C(13) R.W.S. 144B Of The Income Tax Act, 1961 (“The Act”) Dated 27.06.2024 For The A.Y. 2020-21. 2. At The Outset, It Is Seen That There Is A Delay Of 66 Days In Filing Of The Present Appeal, For Which The Assessee Has Filed Condonation Petition Explaining The Reasons For Delay In Filing Of The Appeal. As Per Record, The Appeal Was Required To Be Filed On Or Before

delay of 66 days in filing of the appeal is condoned and the appeal is admitted for adjudication on merits. The assessee has raised the following grounds of appeal : 6. ITA No.1154/Hyd/2024 4 ITA No.1154/Hyd/2024 5 7. The facts of the case are that, the assessee is a company engaged in the business of providing Software Development Services

HIMASAGAR KRISHNA MUTHAPPAGARI,TIRUPATI vs. ITO., WARD-2(3), TIRUPATI

Bench: Us.

condonation of delay involved in filing of an appeal. 5. Succinctly stated, the assessee had filed his return of income for A.Y 2016-17 on 31.03.2018 disclosing an income of Rs.6,43,030/-. Thereafter, the original assessment was framed by the Assessing Officer vide his order passed under Section 143(3) of the Act, dated 24-12-2018, determining

ORBIS REAL ESTATE FUND I,HYDERABAD (AUTH. REP.) vs. ADIT (INTERNATIONAL TAXATION)-2 - 2, HYDERABAD

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

Bench: Shri Ravish Sood & Shri Madhusudan Sawdia

condone the delay of filing of the appeal before the Honorable ITAT.” 4. Brief facts of the case are that, the assessee is a foreign company incorporated in Mauritius, filed its Return of Income (“ROI”) for the A.Y. 2020-21 declaring total income of Rs.Nil, claiming a refund of Rs.13,70,49,255/-. The case of the assessee was selected

RATNA INFRASTRUCTURE PROJECTS PRIVATE LIMITED,HYDERABAD vs. ITO, WARD-3(3), HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri G. Manjunatha, Hon’Bleassessment Year: 2012-13 Ratna Infrastructure Projects Vs. The Income Tax Officer, Ward –3(3), Private Limited, Hyderabad. Hyderabad. Pan : Aadcr5836P. (Assessee) (Respondent) Assessee By: Shri Mohd. Afzal, Advocate. Revenue By: Shri B. Balakrishna, Cit-Dr Date Of Hearing: 20.01.2025 Date Of Pronouncement: 12.02.2025

condone the delay in the filing of the appeal and admit the appeal filed by the assessee for adjudication. 7. The brief facts of the case are that the assessee company has filed its return of income for A.Y. 2012-13 on 01.01.2014, declaring a total income of Rs.39,84,93,420/-. A search and seizure operation

PRITHVI INFORMATION SOLUTIONS LIMITED, HYDERABAD,HYDERABAD vs. ACIT, CIRCLE-16(2), HYDERABAD, HYDERABAD

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

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

condone the delay of 623 days in filing the appeal and admit the same for adjudication on merits. 5. The assessee has raised the following grounds of appeal : “ 1. Erred in making the addition of Rs. 24,88,54,488/- as adjustment towards arms length price in respect of the international truncations entered into with associated enterprises. 2. Erred

DCIT, CIRCLE-1(1), HYDERABAD, HYDERABAD vs. AZINGO SOFT SYSTEMS INDIA PVT. LTD., HYD, HYDERABAD

In the result, the grounds of the assessee are allowed for statistical purposes

Bench: Shri K.Narasimha Chary & Shri Madhusudan Sawdia

delay of 1 day in filing of this appeal by the Revenue is condoned and the appeal is admitted for adjudication. 3. The assessee has raised the following grounds before the Tribunal: “1. That on the facts and circumstances of the case, the final assessment order dated 30 January 2015 passed by the Deputy Commissioner of Income-tax, Circle

AZINGO SOFT SYSTEMS (INDIA) PVT.LTD., HYD,SECUNDERABAD vs. DCIT, CIRCLE-1(1), HYDERABAD, HYDERABAD

In the result, the grounds of the assessee are allowed for statistical purposes

Bench: Shri K.Narasimha Chary & Shri Madhusudan Sawdia

delay of 1 day in filing of this appeal by the Revenue is condoned and the appeal is admitted for adjudication. 3. The assessee has raised the following grounds before the Tribunal: “1. That on the facts and circumstances of the case, the final assessment order dated 30 January 2015 passed by the Deputy Commissioner of Income-tax, Circle

PRIMERA MEDICAL TECHNOLOGIES PRIVATE LIMITED,HYDERABAD vs. DCIT, CIRCLE-5(1), HYDERABAD

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

Bench: Shri K. Narasimha Chary & Shri Madhusudan Sawdia

condone the delay. We, therefore, now shall proceed to hear the appeal and decide the same on merits. 3. Brief facts of the case are that the assessee is a company, engaged in the business of providing ITeS in the area of health information services, health information management, medical coding, Revenue cycle management, data quality services, core measures, electronic medical

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE1-(2), HYDERABAD vs. M/S. VPR MINING INFRASTRUCTURE PVT LTD, HYDERABAD

In the result, appeal of the Revenue is partly\nallowed

condone the delay of 51\ndays in filing the appeal before the Tribunal and proceed to\nadjudicate the appeal as under.\n6.\nBriefly stated facts of the case are that, the\nassessee company is engaged in the business of mining /\nexcavation of coal, removal of over burden and execution of\n\nother related works. The company is also engaged

DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(2), HYDERABAD vs. MADHUCON AGRA JAIPUR EXPRESSWAYS LIMITED, HYDERABAD

In the result, Revenue appeals for the A

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita Nos.285 & 286/Hyd/2018 (िनधा"रण वष"/Assessment Years: 2013-14 & 2014-15)

Transfer (BOT). The assessee filed its return of income for the year under consideration on 30/09/2013 declaring loss of Rs.55.46 crores. Page 2 of 27 ITA Nos 285 286 of 2018 and ITA No.308 of 2021 Madhucon Agra Jaipur Expressways Ltd During the scrutiny assessment, the Assessing Officer noted that an amount of Rs.38.40 crores is shown as NHAI grant

DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(2), HYDERABAD vs. MADHUCON AGRA JAIPUR EXPRESSWAYS LIMITED, HYDERABAD

In the result, Revenue appeals for the A

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita Nos.285 & 286/Hyd/2018 (िनधा"रण वष"/Assessment Years: 2013-14 & 2014-15)

Transfer (BOT). The assessee filed its return of income for the year under consideration on 30/09/2013 declaring loss of Rs.55.46 crores. Page 2 of 27 ITA Nos 285 286 of 2018 and ITA No.308 of 2021 Madhucon Agra Jaipur Expressways Ltd During the scrutiny assessment, the Assessing Officer noted that an amount of Rs.38.40 crores is shown as NHAI grant

MAHUA BHARATPUR EXPRESSWAYS LIMITED (FORMERLY KNOWN AS MADHUCON AGRA- JAIPUR EXPRESSWAYS LIMITED),),HYDERABAD vs. ACIT, CIRCLE-16(2), HYDERABAD

In the result, Revenue appeals for the A

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita Nos.285 & 286/Hyd/2018 (िनधा"रण वष"/Assessment Years: 2013-14 & 2014-15)

Transfer (BOT). The assessee filed its return of income for the year under consideration on 30/09/2013 declaring loss of Rs.55.46 crores. Page 2 of 27 ITA Nos 285 286 of 2018 and ITA No.308 of 2021 Madhucon Agra Jaipur Expressways Ltd During the scrutiny assessment, the Assessing Officer noted that an amount of Rs.38.40 crores is shown as NHAI grant

TRINITI ADVANCED SOFTWARELABS PRIVATE LIMITED ,HYDERABAD vs. INCOME TAX OFFICERS ,WARD -2(4), HYDERABAD

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

Bench: Shri K. Narasimha Chary & Shri Madhusudan Sawdia

condone the delay, there is no denial of the fact that the Hon'ble Supreme Court in the Suo Motu proceedings in the case of M.A.No. 21/2022 in M.A.No. 665/2021 in SMW(C) No.3 of 2020 by order dated 10/01/2022 held that in cases, where the limitation would have expired during the period between 15/03/2020 and 28/02/2022, notwithstanding the actual

SKYBRIDGE SOLUTIONS PRIVATE LIMITED,HYDERABAD vs. DCIT, (TP)-2 HYDERBAD, HYDERABAD

In the result, the appeal of the assessee is dismissed

Bench: Shri Laliet Kumar(Through Virtual Mode) & Shri Madhusudan Sawdia, Accounant Member Assessment Year: 2021-22 Skybridge Solutions Vs. The Deputy Commissioner Of Private Limited, Income Tax, Hyderabad, (Transfer Pricing)-2, H.No.8-2-239/L/83-A, Hyderabad. Plot No.83/A, Mla Colony, Road No.12, Banjara Hills, Hyderabad – 500034, Telangana. Pan : Aalcs1899M. (Appellant) (Respondent) Assessee By: Shri Mahesh Raichandani, C.A. Revenue By: Ms. K. Haritha, Cit-Dr Date Of Hearing: 23.04.2024 Date Of Pronouncement: 29.04.2024 O R D E R Per Laliet Kumar, J.M. The Appeal Of The Assessee For A.Y. 2021-22 Arises From The Impugned Assessment Order Passed U/S 143(3) R.W.S. 144C(3) R.W.S. 144B Of The Income Tax Act Dated 26.12.2023. 2. The Brief Facts Of The Case Are That The Assessee Is A Software Development & Services Company, Filed Its Income Tax Return For The Assessment Year 2021-22 On 09.03.2022, Declaring A Total Income Of Rs.1,06,49,030. The Return Was Processed Under Section 143(1)(A) Of The Income Tax Act On 24.08.2022. Subsequently, The Case Was Selected For Scrutiny Under Cass & A Notice Under Section 143(2) Was Issued On 28.06.2022, To Which The Assessee Responded On 15.07.2023. Thereafter, A Reference Under Section 92Ca(1) Was Made To The Transfer Pricing Officer (Tpo) To Determine The Arm'S Length Price For Transactions With Associated Enterprises. The Tpo, Through An Order Dated 31.10.2023, Directed An Upward Adjustment Of Rs.1,83,25,993 To The Assessee'S Income For The Financial Year 2020-21. Consequently, A Show Cause Notice Was Issued To The Assessee On November 9, 2023, Regarding The Proposed Adjustment, Along With A Penalty Initiation Under Section 270A.

Transfer Pricing Officer (TPO) to determine the arm's length price for transactions with associated enterprises. The TPO, through an order dated 31.10.2023, directed an upward adjustment of Rs.1,83,25,993 to the assessee's income for the financial year 2020-21. Consequently, a show cause notice was issued to the assessee on November 9, 2023, regarding the proposed

PARVATHANENI PRAVEEN,KHAMMAM vs. INCOME TAX OFFICER, WARD-1, KHAMMAM

In the result, appeal of the Assessee is dismissed

price is paid\nby the buyer as per the potential use of the land and not for\nthe activities which were carried out by the assessee before\nthe transfer of the land. Merely carrying out the agricultural\nactivity on a non-agricultural land would not change the\ncharacter of the land as agricultural land. Therefore, once the\nland was undisputedly

SUNITHA MALU,HYDERABAD vs. ITO, WARD-5(1), HYDERABAD

condone the delay of 14 days in filing the appeal and proceed to adjudicate the case on merits. 5. Succinctly stated, the assessee had filed its revised return of income for the AY 2018-19 on 26/12/2018, declaring an income of Rs.23,05,820/-. Subsequently, the case of the assessee was selected for “limited scrutiny” for verifying “large deduction claimed

PRAKASH LAL POTLURI,HYDERABAD vs. INCOME TAX OFFICER, (INT TAXN)-2,HYD, HYDERABAD

In the result, the appeal of the assessee is dismissed

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2015-16 Prakash Lal Potluri, Vs. The Income Tax Officer, Hyderabad. (International Taxation)-2, Hyderabad. Pan : Gnkpp1085B. (Appellant) (Respondent) Assessee By: None Revenue By: Sri M. Vijay Kumar – Cit-Dr Date Of Hearing: 29.02.2024 Date Of Pronouncement: 29.02.2024

condone the delay in filing objections. Our above said view is also fortified by the decision of Hon’ble Madras High Court in the case of Inno Estates Private Limited Vs. DRP reported in (2015) 96 taxmann.com 646, and also by the decisions of Tribunals in the case of TDK Electronics ag formerly known as EPCOS Vs. ACIT reported

DAKAPPAGARI NAVEEN KUMAR,MEDAK vs. ITO., WARD - 1, SANGAREDDY

In the result, appeal of the Assessee is partly\nallowed

condone the delay of\n01 day in filing the present appeal.\n4.\nappeal:\nThe assessee has raised the following grounds of\n1. “The order of the Hon'ble CIT (A) is erroneous in law as well as\nfacts of the case.\n2. The Hon'ble CIT (A) ought to have observed that the Assessing\nOfficer erred in rejecting the books