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

72 of the Act and he confirmed the order passed by the A.O. We find that the Bobbili Cooperative bank has not filed any return of income. The assessee also not brought anything on record to show that the Bobbili bank has filed the return of income. Once the Bobbili bank which is merged with assessee‟s bank not filed

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)

TDS on the interest payment made to its members even if it exceeds Rs.10,000/-. The impugned disallowance made in the assessment is not in accordance with the clarification given in the CBDT Circular No.9/2002 and accordingly the AO is directed to delete the impugned disallowance made of C.O.No. 58/VIZ/2017 (The Visakhapatnam Co-op Bank Ltd.) Rs.5

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)

TDS on the interest payment made to its members even if it exceeds Rs.10,000/-. The impugned disallowance made in the assessment is not in accordance with the clarification given in the CBDT Circular No.9/2002 and accordingly the AO is directed to delete the impugned disallowance made of C.O.No. 58/VIZ/2017 (The Visakhapatnam Co-op Bank Ltd.) Rs.5

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

section 194H of the Act. Since the assessee has not deducted the TDS from the above payments, the said expenditure required to be disallowed u/s 40(a)(ia) of the Act. The assessee neither deducted the TDS nor the A.O. made the addition u/s 40(a)(ia) of the Act, hence the CIT held that the assessment is erroneous

CHALASANI VENKAT,,VIJAYAWADA vs. THE ITO,, VIJAYAWADA

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

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bleito, Ward-2(2), Vs. Chalasani Venkat, Vijayawada. D.No. 40-10-2B, Pent House, Ramapriya Residency, Mogalrajapuram, Vijayawada. Pan No. Ahvpc 1673 P (Appellant) (Respondent)

TDS deducted, if any on such interest payments. The assessee has submitted that there is no such bifurcation of loan amounts utilized separately for house property and business, but he stated that the entire loan amounts were utilized for house property only, on which income from house property was offered and the same is allowable under section

THE ACIT,CIRCLE - 1,, RAJAHMUNDRY vs. M/S. SAMPAT KUMAR BANG,, RAJAHMUNDRY

In the result, the appeal filed by revenue is dismissed

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

section 40A(2)(b) of the Act but neither the CIT(A) nor the assessing officer has examined the genuineness of payments as well as the payments specified u/s 40A(2)(b) of the Act. The A.O. even in remand report has not examined the genuineness of payments and payments made in respect of specified persons

THE ITO (TDS), RAJAHMUNDRY vs. M/S. OM SAI RAM, ENTERPRISES,, MANDAPETA

In the result, appeal of the revenue and cross objections of the assessee are dismissed

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.152/Viz/2016 (निर्धारण वर्ा/ Assessment Year: 2014-15) Income Tax Officer (Tds) Vs. M/S Om Sai Ram Enterprises Tds Ward-1 Ravulapalem Rajahmundry [Pan : Aaao2649G] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Cross Objection No.70/Viz/2018 Arising Out Of I.T.A.No.152/Viz/2016 (निर्धारण वर्ा/ Assessment Year: 2014-15) M/S Om Sai Ram Enterprises Vs. Income Tax Officer (Tds) Ravulapalem Tds Ward-1 Rajahmundry [Pan : Aaao2649G] रधजस्व की ओर से /Revenue By : Shri D.K.Sonowal, Cit Dr निर्धाऩरती की ओर से / Assessee By : Shri G.V.N.Hari, Ar सुिवधई की तधरीख / Date Of Hearing : 31.01.2019 20.03.2019 घोर्णध की तधरीख/Date Of Pronouncement :

72,210/- which is to be excluded from the payments made to the deductee to arrive at the TDS liability as per section

LAXMI SAMHITHA TEXTILES,,GUNTUR vs. ACIT, CIRCLE-2(1),, GUNTUR

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

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Blem/S. Laxmi Samhitha Textiles, Vs. Acit, Circle-2(1), C/O Vupputuri Srinivasa Rao, Guntur. D.No. 9-53, Pulladigunta, Vatticherukuru Mandal, Guntur. Pan No. Aadfl 5073 H (Appellant) (Respondent)

TDS was deducted on account of the above payments under section 40(a)(ia) of the Act. On appeal, on the same ground, ld. CIT(A) confirmed the order of the Assessing Officer. On appeal before us, the assessee filed a paper book consisting of 72

NANNEBOYINA KALYAN CHAKRAVARTHY,VISAKHAPATNAM vs. INCOME TAX OFFICER, (WARD IT), VIJAYAWADA

In the result, appeal of the assessee is allowed

Bench: Shri Veeravalli Durga Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.104/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2016-17) Nanneboyina Kalyan Chakravarthy V. Income Tax Officer C/O. C.R. Hemanthkumar Ward International Taxation Cr Building, 1St Floor Annex. H.No 9-14-4/7, Flat No. 7 M.G. Road, Vijayawada Sowbhagyaapartments Andhra Pradesh – 520002 Cbm Compound, Vip Road Andhra Pradesh - 530003 [Pan: Cuepk3530P] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

72,500/- more in a savings bank account Deposit in cash aggregating to ICICI Bank Ltd., Rs.28,45,000/- Rs.2,00,000/- or more, with a banking company TDS Statement Rent Shanta Sriram Rs.7,06,501/- Infra & Cons Pvt. Ltd., TDS Statement – payment made to ICICI Bank Ltd., Rs. 78,133/- Non-residents 3. Ld. AO observed that assessee

DEPUTY COMMISSIONER OF INCOME TAX, VISAKHAPATNAM vs. SRI NARASIMHARAJU KANUMURI, VISAKHAPATNAM

In the result, the appeal filed by the revenue in ITA No

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.267/Viz/2025 (िनधा"रण वष"/Assessment Year: 2017-18) Deputy Commissioner Of Vs. Sri Narasimharaju Income Tax, Kanumuri, Visakhapatnam. Visakhapatnam. Pan: Aerpk2717F (Appellant) (Respondent)

TDS provisions under Section 194H, if any, would be relevant for the payments to the resident intermediaries and no obligation was cast under Section 195 of the Act. 7. The CIT(A), after perusing the submissions of the assessee, called for a “remand report” from the A.O. In reply, the A.O., in his remand report, relied on the documents that

THE INCOME TAX OFFICER, TDS WARD-2,, VISAKHAPATNAM vs. VISAKHAPATNAM INDUSTRIAL WATER SUPPLY COMPANY. LIMITED, VISAKHAPATNAM

In the result, I.T.A. No. 359/VIZ/2019 filed by the Revenue

Bench: Shri N.K. Choudhry, Hon’Ble & Shri D.S. Sunder Singh, Hon'Ble

TDS, Ward-2, Industrial Water Supply Visakhapatnam. Co. Ltd., Room No. 204, Tenneti Bhavan, Asilmetta Junction, Visakhapatnam. PAN No. AABCV 2240 H (Appellant) (Respondent) Assessee by : Shri C.Subrahmanyam, FCA Department by : Shri D.K. Sonawal, CIT-DR Date of hearing : 13/09/2021. Date of pronouncement : 24/09/2021. C.O.No. 126/VIZ/2019 (M/s. Visakhapatnam Industrial Water Supply Co. Ltd.) O R D E R PER BENCH

M/S. VISAKHAPATNAM INDUSTRIAL WATER SUPPLY CO. LTD,VISAKHAPATNAM vs. THE INCOME TAX OFFICER, TDS, WARD-2, VISAKHAPATNAM

In the result, I.T.A. No. 359/VIZ/2019 filed by the Revenue

Bench: Shri N.K. Choudhry, Hon’Ble & Shri D.S. Sunder Singh, Hon'Ble

TDS, Ward-2, Industrial Water Supply Visakhapatnam. Co. Ltd., Room No. 204, Tenneti Bhavan, Asilmetta Junction, Visakhapatnam. PAN No. AABCV 2240 H (Appellant) (Respondent) Assessee by : Shri C.Subrahmanyam, FCA Department by : Shri D.K. Sonawal, CIT-DR Date of hearing : 13/09/2021. Date of pronouncement : 24/09/2021. C.O.No. 126/VIZ/2019 (M/s. Visakhapatnam Industrial Water Supply Co. Ltd.) O R D E R PER BENCH

THE YANAM CO OPERATIVE STORES LIMITED,YANAM vs. PRINCIPAL COMMISSIONER OF INCOME TAX, VISAKHAPATNAM

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

Bench: Shri Ravish Sood & Shri Madhusudan Sawdia

TDS paid, and as per section 237 of the Income Tax Act, a taxpayer is entitled to claim a refund of any tax paid or deducted in excess.” 3. The brief facts of the case are that, the assessee is a co-operative society did not file any Return of Income (“ROI”) u/s.139 of the Income

ACIT, CIRCLE-4(1), , VISAKHAPATNAM vs. SRI VARALAKSHMI JUTE TWINE MILLS PVT. LTD,, RAJAM

In the result, appeals filed by the Revenue in ITA

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bledcit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Ito, Ward-3, Mills Pvt. Ltd., Bobbili Road, Srikakulam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L Acit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Dcit, Circle-4(1), Mills Pvt. Ltd., Bobbili Road, Visakhapatnam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L (Appellants) (Respondents)

TDS on the payments have been effected by the lessees. The authorised representative also submitted that the assessee had offered the impugned payments for the purpose of FBT from A.Y.2006-07 to A.Y.2009-10. It was further submitted that the assessee had claimed these amounts as business deduction in the earlier years and was allowed by the Department. It was submitted that

SRI VARALAKSHMI JUTE TWINE MILLS PRIVATE LIMITED,,RAJAM vs. DCIT, CIRCLE-4(1),, VISAKHAPATNAM

In the result, appeals filed by the Revenue in ITA

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bledcit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Ito, Ward-3, Mills Pvt. Ltd., Bobbili Road, Srikakulam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L Acit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Dcit, Circle-4(1), Mills Pvt. Ltd., Bobbili Road, Visakhapatnam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L (Appellants) (Respondents)

TDS on the payments have been effected by the lessees. The authorised representative also submitted that the assessee had offered the impugned payments for the purpose of FBT from A.Y.2006-07 to A.Y.2009-10. It was further submitted that the assessee had claimed these amounts as business deduction in the earlier years and was allowed by the Department. It was submitted that

SRI VARALAKSHMI JUTE TWINE MILLS PVT. LTD.,,RAJAM vs. THE ITO,, SRIKAKULAM

In the result, appeals filed by the Revenue in ITA

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bledcit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Ito, Ward-3, Mills Pvt. Ltd., Bobbili Road, Srikakulam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L Acit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Dcit, Circle-4(1), Mills Pvt. Ltd., Bobbili Road, Visakhapatnam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L (Appellants) (Respondents)

TDS on the payments have been effected by the lessees. The authorised representative also submitted that the assessee had offered the impugned payments for the purpose of FBT from A.Y.2006-07 to A.Y.2009-10. It was further submitted that the assessee had claimed these amounts as business deduction in the earlier years and was allowed by the Department. It was submitted that

THE DCIT,, VISAKHAPATNAM vs. SRI VARALAKSHMI JUTE MILLS PVT LTD,, SRIKAKULAM

In the result, appeals filed by the Revenue in ITA

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bledcit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Ito, Ward-3, Mills Pvt. Ltd., Bobbili Road, Srikakulam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L Acit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Dcit, Circle-4(1), Mills Pvt. Ltd., Bobbili Road, Visakhapatnam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L (Appellants) (Respondents)

TDS on the payments have been effected by the lessees. The authorised representative also submitted that the assessee had offered the impugned payments for the purpose of FBT from A.Y.2006-07 to A.Y.2009-10. It was further submitted that the assessee had claimed these amounts as business deduction in the earlier years and was allowed by the Department. It was submitted that

CHARITASRI HOSPITALS LIMITED,VIJAYAWADA vs. THE DY. COMMISSIONE OF INCOME TAX, TDS CIRCLE -1, VIJAYAWADA

In the result, two appeals filed by the assessee are allowed for statistical purposes as indicated hereinabove

Bench: Shri Duvvuru Rl Reddy, Hon‟Bleआयकर अऩीऱ सं./ I.T.A. Nos.98 & 99/Viz/2022 (ननधधारण वषा / Assessment Years : 2013-14 & 2014-15) Charitasri Hospitals Limited, Vs. Deputy Commissioner Of Income Vijayawada. Tax, Pan: Aaccc 2726 L Tds Circle-1, Vijayawada. (अऩीऱधथी/ Appellant) (प्रत्यथी/ Respondent) अऩीऱधथी की ओर से/ Appellant By : Sri Gvn Hari, Advocate प्रत्यधथी की ओर से / Respondent By : Sri On Hari Prasada Rao, Sr. Ar सुनवधई की तधरीख / Date Of Hearing : 29/08/2022 घोषणध की तधरीख/Date Of : 30/08/2022 Pronouncement O R D E R Per Duvvuru Rl Reddy:

72,000 Q-3 53,600 Q-4 29,600 Total 2,16,000 5. Brief facts of the case relevant to AY 2013-14 are that the assessee is engaged in the business of running hospitals under the name and style of „Charitasri Hospitals Limited‟. During the FY 2012-13 relevant to the AY under consideration, the assessee