THE ASSISTANT COMMISSIONER OF INCOME TAX(EXEMPTION), EXEMPTION CIRCLE,, VIJAYAWADA vs. ANDHRA CRICKET ASSOCIATION, VIJAYAWADA

In the result, appeal of the revenue is dismissed

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपीलसं./I.T.A.No.50/Viz/2020 (ननधधारण वर्ा/Assessment Year:2016-2017) Asst.Commissioner Of Income Tax Vs. M/S Andhra Cricket (Exemptions) Association Exemptions Circle D.No.60-8-8, 5Th Lane Vijayawada Siddartha Nagar Vijayawada [Pan : Aaatt2377D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri D.K.Sonowal, Cit Dr प्रत्यधथी की ओर से / Respondent By : Shri M.A.Rahim, I.T.P सुनवधई की तधरीख / Date Of Hearing : 25.09.2020 घोर्णध की तधरीख/Date Of Pronouncement : 23.11.2020

section 10(23C)(iv) of the Act. In view of the above, we find no reason to interfere with the order passed by the ld. CIT(A). Thus, this appeal filed by the revenue deserves to be dismissed and is dismissed accordingly. 23. Further, it is noticed that Hon'ble. ITAT, Chennai held in the case of Tamilnadu Cricket Association

SRI LAKSHMI GENERAL STORES,GUNTUR vs. INCOME TAX OFFICER, WARD-1(1), GUNTUR

In the result, appeal of the assessee in ITA

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

Sections 194Q and 194A. The Ld. CIT(A), without appreciating relevant facts, simply sustained additions made by the A.O. 9. We further noted that, this issue is squarely covered by the decision of ITAT, Visakhapatnam Bench, in the case of Bala Krishna Traders Vs. ITO (supra) where, under identical set of facts, the Tribunal has allowed credit for TDS

SRI LAKSHMI GENERAL STORES,GUNTUR vs. INCOME TAX OFFICER, WARD-1(1), GUNTUR

In the result, appeal of the assessee in ITA

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

Sections 194Q and 194A. The Ld. CIT(A), without appreciating relevant facts, simply sustained additions made by the A.O. 9. We further noted that, this issue is squarely covered by the decision of ITAT, Visakhapatnam Bench, in the case of Bala Krishna Traders Vs. ITO (supra) where, under identical set of facts, the Tribunal has allowed credit for TDS

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1(1), , VISAKHAPATNAM vs. VISAKHAPATNAM CO-OPERATIVE BANK LIMITED, VISAKHAPATNAM

In the result, appeals filed by the assessee and Revenue are dismissed

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

10,000/- and above to various depositors, total amount which computed during the year was Rs. 34,24,34,683/-. The assessee has not deducted TDS on such interest payments. The Assessing Officer called the C.O.No.130 & 131/VIZ/2018 (M/s. The Visakhapatnam Co-op. Bank Ltd.) assessee to explain why the provisions of section

THE VISAKHAPATNAM CO-OPERATIVE BANK LIMITED, ,VISAKHAPATNAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -1(1), VISAKHAPATNAM

In the result, appeals filed by the assessee and Revenue are dismissed

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

10,000/- and above to various depositors, total amount which computed during the year was Rs. 34,24,34,683/-. The assessee has not deducted TDS on such interest payments. The Assessing Officer called the C.O.No.130 & 131/VIZ/2018 (M/s. The Visakhapatnam Co-op. Bank Ltd.) assessee to explain why the provisions of section

THE VISAKHAPATNAM CO-OPERATIVE BANK LIMITED,,VISAKHAPATNAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -1(1), VISAKHAPATNAM

In the result, appeals filed by the assessee and Revenue are dismissed

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

10,000/- and above to various depositors, total amount which computed during the year was Rs. 34,24,34,683/-. The assessee has not deducted TDS on such interest payments. The Assessing Officer called the C.O.No.130 & 131/VIZ/2018 (M/s. The Visakhapatnam Co-op. Bank Ltd.) assessee to explain why the provisions of section

THE ASST. CIT,, VISAKHAPATNAM vs. THE VISAKHAPATNAM CO -OPERATIVE BANK LIMITD,, VISAKHAPATNAM

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Blem/S. The Visakhapatnam Vs. Acit, Circle-1(1), Co-Operative Bank Ltd., Visakhapatnam. Near Town Kotha Road, Main Road, Visakhapatnam. Pan No. Aaaat 0844 L (Appellant) (Respondent) Acit, Circle-1(1), Vs. M/S. The Visakhapatnam Visakhapatnam. Co-Operative Bank Ltd., Near Town Kotha Road, Main Road, Visakhapatnam. Pan No. Aaaat 0844 L (Appellant) (Respondent) C.O.No. 58/Viz/2017 (Ita No. 308/Viz/2017) (Asst. Year : 2013-14) M/S. The Visakhapatnam Vs. Acit, Circle-1(1), Co-Operative Bank Ltd., Visakhapatnam. Near Town Kotha Road, Main Road, Visakhapatnam. Pan No. Aaaat 0844 L (Appellant) (Respondent)

section 40(a)(ia) of the Act. 14 In the assessment order, the Assessing Officer noted that assessee has paid interest of Rs. 10,000/- and above to various depositors, the total amount of which computed during the year was Rs. 33,71,09,667/-, but not deducted TDS

THE VISAKHAPATNAM CO-OPERATIVE BANK LTD,,VISAKHAPATNAM vs. THE ACIT,, VISAKHAPATNAM

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Blem/S. The Visakhapatnam Vs. Acit, Circle-1(1), Co-Operative Bank Ltd., Visakhapatnam. Near Town Kotha Road, Main Road, Visakhapatnam. Pan No. Aaaat 0844 L (Appellant) (Respondent) Acit, Circle-1(1), Vs. M/S. The Visakhapatnam Visakhapatnam. Co-Operative Bank Ltd., Near Town Kotha Road, Main Road, Visakhapatnam. Pan No. Aaaat 0844 L (Appellant) (Respondent) C.O.No. 58/Viz/2017 (Ita No. 308/Viz/2017) (Asst. Year : 2013-14) M/S. The Visakhapatnam Vs. Acit, Circle-1(1), Co-Operative Bank Ltd., Visakhapatnam. Near Town Kotha Road, Main Road, Visakhapatnam. Pan No. Aaaat 0844 L (Appellant) (Respondent)

section 40(a)(ia) of the Act. 14 In the assessment order, the Assessing Officer noted that assessee has paid interest of Rs. 10,000/- and above to various depositors, the total amount of which computed during the year was Rs. 33,71,09,667/-, but not deducted TDS

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1),, VISAKHAPATNAM vs. THE KANAKAMAHALAKSHMI COOPERATIVE BANK LIMITED, VISAKHAPATNAM

In the result, appeal filed by the Revenue and the cross objections filed by the assessee are dismissed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.68/Viz/2021 (ननधधारण वर्ा / Assessment Year : 2014-15) Asst.Commissioner Of Vs. M/S. Kanakamahalakshmi Co- Income Tax Operative Bank Ltd., Circle-1(1) D.No.49-34-22, Main Road, Visakhapatnam Akkayyapalem, Visakhapatnam [Pan : Aacft 6489 J] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Co No.59/Viz/2021 (Arising Out Of Ita No.68/Viz/2021) (ननधधारण वर्ा / Assessment Year : 2014-15) M/S. Kanakamahalakshmi Co- Vs. Asst.Commissioner Of Operative Bank Ltd., Income Tax D.No.49-34-22, Main Road, Circle-1(1) Akkayyapalem, Visakhapatnam Visakhapatnam [Pan : Aacft 6489 J] अपीलधथी की ओर से/ Appellant By : Shri G.V.N.Hari, Ar प्रत्यधथी की ओर से / Respondent By : Shri Mn Murthy Naik, Cit, Dr सुनवधई की तधरीख / Date Of Hearing : 28.02.2022 घोर्णध की तधरीख/Date Of Pronouncement : 16.03.2022 O R D E R

10,000/- and above to the various depositors, total amount of which computed, during the year was Rs.12,25,69,245/-. The assessee has not deducted tax at source as per section 194A of the Act on such interest payments. The Assessing Officer called upon the assessee to explain as to why the provisions of section

M/S. FUSION VOICE SOLUTIONS INDIA PVT.LTD,,VIJAYAWADA vs. THE ITO,, VIJAYAWADA

In the result, the appeal of the assessee is allowed

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh

TDS. Therefore, we are of the view, that the principle laid down by the Hon'ble High Courts at Delhi and Bombay in the decisions (supra) applicable to the case on hand. Respectfully following the same, we hold that the payments paid to the distributors/ dealers by way of incentives would not come under the purview of section 194H

POTRU SRINIVASA RAO,,KOVVUR vs. THE INCOME TAX OFFICER, WARD-2,, TANUKU

In the result, appeal filed by the assessee in ITA

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

10,574/- without making any TDS, hence, the same is disallowed by the Assessing Officer under section 40(a)(ia) of the Act and added

POTRU SRINIVASA RAO,, KOVVUR vs. THE INCOME TAX OFFICER, WARD-2,, TANUKU

In the result, appeal filed by the assessee in ITA

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

10,574/- without making any TDS, hence, the same is disallowed by the Assessing Officer under section 40(a)(ia) of the Act and added

THE ASST. CIT,, GUNTUR vs. M/S. BEST INDIA YOBACCO SUPPLIERS PVT.LTD,, GUNTUR

In the result appeal of the revenue is allowed for statistical purpose

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.238/Viz/2017 (धििाारण िर्ा/Assessment Year:2011-12) Acit Vs. M/S Best India Tobacco Circle-1(1) Suppliers Pvt. Ltd. Guntur D.No.9-11-1, Kothapet Guntur [Pan :Aaacb9184B] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Co.No.59/Viz/2017 (Arising Out Of I.T.A.No.238/Viz/2017) (धििाारण िर्ा/Assessment Year:2011-12) M/S Best India Tobacco Acit Suppliers Pvt. Ltd. Circle-1(1) D.No.9-11-1, Kothapet Guntur Guntur [Pan :Aaacb9184B]

Section 194 C it is observed that TDS is not required to be made in the case of engaging the vehicles in business of plying, hiring or leasing goods carriages, with a condition that contractor should own 10

ACIT, CIRCLE-2(1), VISAKHAPATNAM vs. VIZAG SEAPORT PVT. LTD., VISAKHAPATNAM

In the result, appeal of the Revenue is dismissed

Bench: Shri Duvvuru Rl Reddy, Hon‟Ble & Shri S Balakrishnan, Hon‟Ble(Through Hybrid Hearing) आयकरअपीलसं./ I.T.A. No. 383/Viz/2017 (धनधाारणिर्ा/ Assessment Year : 2012-13) The Assistant Commissioner Of Vs. M/S. Vizag Seaport Pvt Ltd., Income Tax, Administrative Block, Circle-5(1), S4 Gallery, Port Area, Visakhapatnam. Visakhapatnam – 530035. (अपीलाथी/ Appellant) (प्रत्यथी/ Respondent) [Pan :Aabcv2484K] अपीलाथी की ओर से/ Assessee By : Sri Fenil A Bhatt, Ar प्रत्याथी की ओर से/ Revenue By : Dr. Satyasai Rath, Cit-Dr सुनिाई की तारीख/ Date Of Hearing : 15/02/2024 घोर्णा की तारीख/Date Of : /04/2024 Pronouncement O R D E R Pers. Balakrishnan:

section 40(a)(ia) inserted by Finance Act, 2012 is clarificatory and it has retrospective effect from 1/4/2013. On perusal of various case laws submitted by the 10 assessee as well as the Ld. DR, we find that most of the judicial pronouncements have held that when there is a short deduction of TDS

THANGIRALA IMMANUEL,PALAKOL vs. THE INCOME TAX OFFICER, WARD-1, , PALAKOL

In the result, appeals of the assessees are allowed

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपीऱ सं./I.T.A.No.13 & 14/Viz/2019 (निर्धारण वषा/Assessment Years : 2008-09 & 2011-12) Thangirala Immanuel, Vs. Income Tax Officer Development Officer Ward-1 Lic Of India Palakol 1St Lane, Brodipeta Palakol (अपीऱार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपीऱ सं./I.T.A.No.16/Viz/2019 (निर्धारण वषा/Assessment Year : 2011-12) Avadhanula Srinivasa Rao Vs. Income Tax Officer Development Officer Ward-1 Lic Of India Palakol 1St Lane, Brodipeta Palakol (अपीऱार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपीऱ सं./I.T.A.No.25/Viz/2019 (निर्धारण वषा/Assessment Year: 2011-12) Vs. Income Tax Officer Nuthalapati Ravi Shankar Development Officer Ward-1 Lic Of India Palakol 1St Lane, Brodipeta Palakol (अपीऱार्थी/ Appellant) (प्रत्यर्थी/ Respondent) रधजस्व की ओर से /Revenue By : Shri G.V.N.Hari, Ar निर्धाररती की ओर से / Assessee By : Smt.Suman Malik, Ar सुिवधई की तधरीख / Date Of Hearing : 30.04.2019 घोषणध की तधरीख/Date Of Pronouncement : 29 .05.2019

TDS on the amounts as they are taxable. Since the above amounts are taxable, the AO reopened the assessments u/s 147 by issue of notice u/s 148 of the Act and taken up the cases for reassessment. During the reassessment proceedings the assessees have filed the reply stating that the exemption was claimed u/s 10(14), since, the amounts were

THANGIRALA IMMANUEL,PALACOLE vs. THE INCOME TAX OFFICER, WARD-1, , PALACOLE

In the result, appeals of the assessees are allowed

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपीऱ सं./I.T.A.No.13 & 14/Viz/2019 (निर्धारण वषा/Assessment Years : 2008-09 & 2011-12) Thangirala Immanuel, Vs. Income Tax Officer Development Officer Ward-1 Lic Of India Palakol 1St Lane, Brodipeta Palakol (अपीऱार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपीऱ सं./I.T.A.No.16/Viz/2019 (निर्धारण वषा/Assessment Year : 2011-12) Avadhanula Srinivasa Rao Vs. Income Tax Officer Development Officer Ward-1 Lic Of India Palakol 1St Lane, Brodipeta Palakol (अपीऱार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपीऱ सं./I.T.A.No.25/Viz/2019 (निर्धारण वषा/Assessment Year: 2011-12) Vs. Income Tax Officer Nuthalapati Ravi Shankar Development Officer Ward-1 Lic Of India Palakol 1St Lane, Brodipeta Palakol (अपीऱार्थी/ Appellant) (प्रत्यर्थी/ Respondent) रधजस्व की ओर से /Revenue By : Shri G.V.N.Hari, Ar निर्धाररती की ओर से / Assessee By : Smt.Suman Malik, Ar सुिवधई की तधरीख / Date Of Hearing : 30.04.2019 घोषणध की तधरीख/Date Of Pronouncement : 29 .05.2019

TDS on the amounts as they are taxable. Since the above amounts are taxable, the AO reopened the assessments u/s 147 by issue of notice u/s 148 of the Act and taken up the cases for reassessment. During the reassessment proceedings the assessees have filed the reply stating that the exemption was claimed u/s 10(14), since, the amounts were

NUTHALAPATI RAVI SHANKAR,,PALACOLE vs. INCOME TAX OFFICER, WARD-1,, PALACOLE

In the result, appeals of the assessees are allowed

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपीऱ सं./I.T.A.No.13 & 14/Viz/2019 (निर्धारण वषा/Assessment Years : 2008-09 & 2011-12) Thangirala Immanuel, Vs. Income Tax Officer Development Officer Ward-1 Lic Of India Palakol 1St Lane, Brodipeta Palakol (अपीऱार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपीऱ सं./I.T.A.No.16/Viz/2019 (निर्धारण वषा/Assessment Year : 2011-12) Avadhanula Srinivasa Rao Vs. Income Tax Officer Development Officer Ward-1 Lic Of India Palakol 1St Lane, Brodipeta Palakol (अपीऱार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपीऱ सं./I.T.A.No.25/Viz/2019 (निर्धारण वषा/Assessment Year: 2011-12) Vs. Income Tax Officer Nuthalapati Ravi Shankar Development Officer Ward-1 Lic Of India Palakol 1St Lane, Brodipeta Palakol (अपीऱार्थी/ Appellant) (प्रत्यर्थी/ Respondent) रधजस्व की ओर से /Revenue By : Shri G.V.N.Hari, Ar निर्धाररती की ओर से / Assessee By : Smt.Suman Malik, Ar सुिवधई की तधरीख / Date Of Hearing : 30.04.2019 घोषणध की तधरीख/Date Of Pronouncement : 29 .05.2019

TDS on the amounts as they are taxable. Since the above amounts are taxable, the AO reopened the assessments u/s 147 by issue of notice u/s 148 of the Act and taken up the cases for reassessment. During the reassessment proceedings the assessees have filed the reply stating that the exemption was claimed u/s 10(14), since, the amounts were

THE DCIT, CIRCLE-3(1) (TDS), VIJAYAWADA vs. M/S SOUTHERN POWER DISTRIBUTION COMPANY OF A.P. LTD., TIRUPATHI

The appeal of the assessee is dismissed

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.452-454/Viz/2010 (निर्धारण वर्ा/A.Ys : 2008-09 To 2010-11 Respectively) Dy.Commissioner Of Income Tax Vs. M/S Southern Power Circle-3(1) (Tds) Distribution Company Of Vijayawada A.P.Limited Behind Srinivasa Kalyana Mandapam Kesavavayana Gunta Tirupati [Pan : Hydso8188F] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No.1217/H/2010,517/Viz/2019 &518/Viz/2019 (निर्धारण वर्ा/A.Ys : 2008-09 To 2010-11 Respectively) M/S Southern Power Distribution Vs. Dy.Commissioner Of Company Of A.P.Limited Income Tax Behind Srinivasa Kalyana Mandapam Circle-3(1) (Tds) Kesavavayana Gunta Vijayawada Tirupati [Pan : Hydso8188F] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) रधजस्व की ओर से /Revenue By : Shri D.K.Sonowal, Cit Dr निर्धाऩरती की ओर से / Assessee By : Shri C.P.Rama Swami, Ar सुिवधई की तधरीख / Date Of Hearing : 04.09.2019 घोर्णध की तधरीख/Date Of Pronouncement : 04.10.2019

10 I.T.A. No.452-454/Viz/2010 and 1217/H/2010, 517/Viz/2019 and 518/Viz/2019, A.Y.2008-09 to 2010-11 M/s Southern Power Distribution Company of A.P.Ltd., Tirupati rentals, in the absence of specific direction from DRT for non deduction of tax at source, the Ld.CIT(A) was of the opinion that the provisions of section 194I are applicable, the moment the payees account is paid or credited