SAI TEJA CONSTRUCTIONS, HYD,HYDERABAD vs. DCIT, CIRCLE 8(1), HYDERABAD, HYDERABAD

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

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumar

transferred 2.0 acres of land as capital contribution of Rs.6.00 crores into the firm SMR SAI TEJA ESTATES, whereas the cost of the land as shown in the books of account was only Rs.1.20 crores and therefore, the Assessing Officer was fully justified in invoking the provisions of section 45(3) of the I.T. Act. Referring to the order

SAI TEJA CONSTRUCTIONS, HYDERABAD,HYDERABAD vs. DCIT, CIRCLE-8(1), HYDERABAD, HYDERABAD

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

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumar

transferred 2.0 acres of land as capital contribution of Rs.6.00 crores into the firm SMR SAI TEJA ESTATES, whereas the cost of the land as shown in the books of account was only Rs.1.20 crores and therefore, the Assessing Officer was fully justified in invoking the provisions of section 45(3) of the I.T. Act. Referring to the order

DODLA DAIRY LIMITED,HYDERABAD vs. DCIT CIRCLE -8(1), HYDERABAD

Bench: Us:

price of the profits earned by the chilling units ought to be considered as nil is to be accepted, the disallowance of the assessee's claim for deduction under Section 80IB(11A) of the Act, on the said basis could only be restricted to the profits earned by the chilling units, i.e., Rs. 17.38 crores. Accordingly, the Ld. AR submitted

ASST. COMMISSIONER OF INCOME TAX, CIRCLE-10(1), HYDERABAD vs. VERTEX PROJECTS LLP (FORMERLY M/S VERTEX PROJECTS LTD) , HYDERABAD

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

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarassessment Year: 2014-15 Acit,Circle-10(1) Vs. Vertex Projects Llp Room No.515, 5Th Floor, (Formerly M/S.Vertex A-Block, I.T.Towers, Projects Ltd.) A.C.Guards, #156-159, Paigah House Hyderabad. S.P.Road, Next To Pg College. Secunderabad-500 026. Pan : Aanfv0232C (Appellant) (Respondent) Assessee By: Shri Sriram Seshadri, Ca Revenue By: Shri Rajendra Kumar,Cit-Dr Date Of Hearing: 15.03.2023 Date Of Pronouncement: 28.04.2023 O R D E R Per Shri Laliet Kumar, J.M. This Is An Appeal Filed By The Revenue, Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-5, Dated 16.03.2018 For The Ay 2014-15, On The Following Grounds :

price lower than the Fair Market Value (F.M.V) of the shares, does not attract provisions of the section 56(2)(viia) of the Act and Ld.ClT (Appeals) erred in holding that provisions of Section 56(2)(viia) are not applicable to the transactions defined u/s.47(vi), even though the proviso to section 56(2)(viia) does not specify the transactions

HIGHRADIUS TECHNOLOGIES PRIVATE LIMITED,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -2(1), HYDERABAD

Bench: Us:

transfer pricing issues on comparability cannot constitute a precedent to be blindly followed ad infinitum. Whether a particular company is a comparable or not is an exercise which has to be carried out every year in the case of an Assessee considering the facts of that specific year and not blindly following the precedent which has been laid down

TARA CHAND BOPPANA,HYDERABAD vs. ACIT., CENTRAL CIRCLE-2(3), HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

transfer of commercial space. g) The Ld. CIT(A) ought to have deleted the addition made of Rs.3,65,20,662/- towards short term capital gains. 7.a) The Ld. CIT(A) erred in partly allowing ground nos. 5 to 5.6 taken before him with regard to the addition of Rs.3,56,717/- as long term capital gain

SARAT GOPAL BOPPANA,HYDERABAD vs. ACIT., CENTRAL CIRCLE-2(3),, HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

transfer of commercial space. g) The Ld. CIT(A) ought to have deleted the addition made of Rs.3,65,20,662/- towards short term capital gains. 7.a) The Ld. CIT(A) erred in partly allowing ground nos. 5 to 5.6 taken before him with regard to the addition of Rs.3,56,717/- as long term capital gain

SARAT GOPAL BOPPANA,HYDERABAD vs. ACIT., CENTRAL CIRCLE-2(3), HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

transfer of commercial space. g) The Ld. CIT(A) ought to have deleted the addition made of Rs.3,65,20,662/- towards short term capital gains. 7.a) The Ld. CIT(A) erred in partly allowing ground nos. 5 to 5.6 taken before him with regard to the addition of Rs.3,56,717/- as long term capital gain

KAVYA BOPPANA,HYDERABAD vs. ACIT., CENTRAL CIRCLE-2(3), HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

transfer of commercial space. g) The Ld. CIT(A) ought to have deleted the addition made of Rs.3,65,20,662/- towards short term capital gains. 7.a) The Ld. CIT(A) erred in partly allowing ground nos. 5 to 5.6 taken before him with regard to the addition of Rs.3,56,717/- as long term capital gain

ACIT, CENTRAL CIRCLE-2(3), HYDERABAD vs. JHANSI RANI BOPPANA, HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

transfer of commercial space. g) The Ld. CIT(A) ought to have deleted the addition made of Rs.3,65,20,662/- towards short term capital gains. 7.a) The Ld. CIT(A) erred in partly allowing ground nos. 5 to 5.6 taken before him with regard to the addition of Rs.3,56,717/- as long term capital gain

ACIT, CENTRAL CIRCLE-2(3), HYDERABAD vs. KAVYA BOPPANA, HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

transfer of commercial space. g) The Ld. CIT(A) ought to have deleted the addition made of Rs.3,65,20,662/- towards short term capital gains. 7.a) The Ld. CIT(A) erred in partly allowing ground nos. 5 to 5.6 taken before him with regard to the addition of Rs.3,56,717/- as long term capital gain

ACIT, CENTRAL CIRCLE-2(3), HYDERABAD vs. TARA CHAND BOPPANA, HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

transfer of commercial space. g) The Ld. CIT(A) ought to have deleted the addition made of Rs.3,65,20,662/- towards short term capital gains. 7.a) The Ld. CIT(A) erred in partly allowing ground nos. 5 to 5.6 taken before him with regard to the addition of Rs.3,56,717/- as long term capital gain

ACIT, CENTRAL CIRCLE-2(3), HYDERABAD vs. SARAT GOPAL BOPPANA, HYDERABAD

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

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha G, Hon’Ble

transfer of commercial space. g) The Ld. CIT(A) ought to have deleted the addition made of Rs.3,65,20,662/- towards short term capital gains. 7.a) The Ld. CIT(A) erred in partly allowing ground nos. 5 to 5.6 taken before him with regard to the addition of Rs.3,56,717/- as long term capital gain

ITO (INTERNATIONAL TAXATION)-1, HYDERABAD vs. MIKKILINENI NARENDRA KUMAR, SERILINGAMPALLY

In the result, the appeal of the Revenue is dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdiaassessment Year: 2016-17 The Income Tax Officer, Vs. Mikkilineni Narendra Kumar, Serilingampally, International Taxation – 1 Hyderabad. Hyderabad. Pan : Nenpk4757J. (Appellant) (Respondent) Assessee By: Shri H. Srinivasulu, Advocate Revenue By: Ms. M. Narmada, Cit-Dr Date Of Hearing: 12.12.2024 19.12.2024 Date Of Pronouncement:

Section 45(5A) of the Act. 26. The above view of ours is also supported by the view taken by the Assessing Officer of other similarly situated assessees / persons mentioned by the assessee / revenue in the written submissions mentioned hereinabove. For the above said purposes, it will be apt to refer the name of the assessees i.e., Apollo Corporate Services

APACHE FOOTWEAR INDIA PRIVATE LIMITED,NELLORE vs. ACIT, CIRCLE-1(1), TIRUPATI

In the result, the appeal of the assessee is dismissed

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

section 92B, it is abundantly clear that the outstanding receivable by the assessee from its AE, is required to be benchmarked, so as to ensure that they should not be any shifting of profit from assessee to its AE. 14 Apache Footwear India Pvt.Ltd. 39. In the present case, the total turnover of the assessee in respect of Software Development

DCIT, CIRCLE-1(1), HYDERABAD, HYDERABAD vs. PRAKASH NIMMAGADDA, HYDERABAD, SECUNDERABAD

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita No.974/Hyd/2017 (िनधा"रण वष"/Assessment Year: 2008-09) Dy.Cit Vs. Shri Prakash Nimmagadda Circle 1(1) Hyderabad Hyderabad Pan:Acbpn4246R (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.C. Devdas, Ca राज" व "ारा/Revenue By:: Dr. Meghnath Chowhan, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 06/11/2024 घोषणा की तारीख/Pronouncement: 16/12/2024 आदेश/Order Per Vijay Pal Raothis Appeal Filed By The Revenue Is Directed Against The Order, Dated 20/03/2017 Of The Learned Cit (A)-9, Hyderabad, Relating To A.Y.2008-09. 2. The Revenue Has Raised The Following Grounds:

transfer of a capital asset to income-tax. The asset must be one which falls within the contemplation of the section. It must bear that quality which brings section 45 into play. To determine whether the goodwill of a new business is such an asset, it is permissible, as we shall presently show, to refer to certain other section

INVESCO (INDIA) PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE 2(1), HYDERABAD

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

Section 144C(13) read with\nsection 144B of the Income Tax Act, 1961 ('the Act') by the Deputy Commissioner of Income Tax,\nCircle 2(1), Hyderabad ('Ld. AO') in pursuance of the directions issued by the Hon'ble Dispute\nResolution Panel - I, Bengaluru ('Hon'ble DRP') on the following grounds:\nOn the facts and circumstances of the case and contrary

RAMESH BABU NIMMATOORI,HYDERABAD vs. ACIT,CENTRAL CIRCLE-2(4), HYDERABAD

In the result, appeal filed by the assessee in ITA

Bench: Shri Manjunatha, G.A N D Shri K. Narasimha Charis.No Ita Nos. Appellant Respondent A.Y 591/Hyd/2022 Shri Ramesh Babu 1 Acit, Central Circle 2017-18 2 619/Hyd/2022 Nimmatoori Hyderabad 2(4) Hyderabad 2018-19 Pan:Acspn1659G 3 700/Hyd/2022 Acit, Central Circle 2(4) Shri Ramesh Babu 2018-19 Hyderabad Nimmatoori Hyderabad Pan:Acspn1659G 4 311/Hyd/2022 Raja Babu Nimmatoori 2013-14 589/Hyd/2022 Hyderabad Acit, Central Circle 5 2016-17 Pan:Acspn1662R 2(4) Hyderabad 6 590/Hyd/2022 2017-18 7 621/Hyd/2022 2018-19 8 701/Hyd/2022 Acit, Central Circle Raja Babu 2018-19 2(4) Hyderabad Nimmatoori Hyderabad Pan:Acspn1662R 9 337/Hyd/2022 Yashoda Nimmatoori Acit, Central Circle 2016-17 593/Hyd/2022 Hyderabad 2(4) Hyderabad 10 2017-18 618/Hyd/2022 Pan:Acspn1657J 11 2018-19 332/Hyd/2022 12 Anudeep Nimmattoori Acit, Central Circle 2016-17 13 475/Hyd/2022 Hyderabad 2(4) Hyderabad 2017-18 476/Hyd/2022 Pan:Ahbpn2081Q 14 2018-19 15 592/Hyd/2022 Sulochana Acit, Central Circle 2017-18 Nimmattoori 2(4) Hyderabad 16 620/Hyd/2022 2018-19 Pan:Acspn1664K 594/Hyd/2022 Manjusha Nimmatoori 17 Acit, Central Circle 2018-19 Hyderabad 2(4) Hyderabad Pan:Acspn1666M िनधा""रती "ारा/Assessee By: Shri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 13/06/2024 घोषणा की तारीख/Pronouncement: 14/08/2024

section 56(2)(vii)(b) cannot be invoked. Page 62 of 133 ITA Nos 591 619 700 Ramesh Babu and Others 89. The learned DR, on the other hand, supporting the order of the learned CIT (A) submitted that there is a clear difference between the consideration and the guideline value and thus, the difference has been rightly brought