SLC PROJECTS PVT.LTD.,,VISAKHAPATNAM vs. ACIT, CENTRAL CIRCLE-2, VISAKHAPATNAM

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

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

loss. With regard SLC Projects Pvt. Ltd., VSKP to the issue of disallowance u/s 14A as per the judicial pronouncements no disallowance is called for when there is no exempt income. Therefore, we are of the considered opinion that there is no case for revision of order u/s 263 and accordingly we set aside the orders

RANAR AGROCHEM LIMITED,PARAWADA vs. DEPUTY COMMISSIONER OF INCOME TAX, VISAKHAPATNAM

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.288/Viz/2024 (िनधा"रण वष"/Assessment Year:2014-15) Ranar Agrochem Limited, Vs. Deputy Commissioner Visakhapatnam. Of Income Tax, Visakhapatnam. Pan: Aaccp0372M (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri M. Madhusudan, Ca (Hybrid) राज" व "ारा/Revenue By: Sri Jenardhanan V, Cit-Dr सुनवाई की तारीख/Date Of Hearing: 14/10/2025 घोषणा की तारीख/Date Of 31/10/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Company Is Directed Against The Order Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Center (Nfac), Delhi, Dated 15/05/2024, Which In Turn Arises From The Order Passed By The Assessing Officer (For Short, “A.O.”) Under Section 143(3) Of The Income Tax Act, 1961 (For Short “The Act”) Dated 30/12/2016 For A.Y.

set up under the provisions of the Employees' State Insurance Act, 1948 (34 of 1948), or any other fund for the welfare of such employees. It is thus clear that as soon as the Employer receives any contribution from its employees towards provident fund or ESI by way of deduction or otherwise, then the same is treated as income

RAJAM POLYPACKS LIMITED,RAJAM vs. INCOME TAX OFFICER, WARD-2, SRIKAKULAM

In the result, the appeal of the assessee is dismissed

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.258/Viz/2021 (ननधधारण वर्ा / Assessment Year : 2018-19) Rajam Polypacks Limited Vs. Income Tax Officer Ponduru Road Ward-2 Rajam Srikakulam [Pan : Aabcr0489G] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri Ya Rao, Ar प्रत्यधथी की ओर से / Respondent By : Shri On Hari Prasad Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 16.11.2022 घोर्णध की तधरीख/Date Of Pronouncement : 16.12.2022 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: This Appeal Is Filed By The Assessee Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi In Din & Order No.Itba/Nfac/S/250/2021-22/ 1036317185(1) Dated 12.10.2021 For The Assessment Year (A.Y.) 2018- 19. 2. The Assessee Raised The Following Grounds Of Appeal : 1. The Order Passed By Learned Commissioner (Appeals), Dated 12.10.2021 Confirming The Disallowance Of Rs.56,448/- & Rs.2,53,947/- By Invoking Provisions Of Sec.36(1A) R.W.S. 43(B) Of I.T.Act Is Illegal & Unjust After Relying On The Amendment Brought By Finance Act, 2021 To Sec.36(5A) R.W.S. (43B).

losses. The Assessing Officer (AO) / CPC considered the following disallowances, while arriving at taxable income at Rs.14,17,831/-, the details of which are given below : a. Disallowance of penalty levied for default 1,08,461 under PF Act b. Delay in remittance PF/ESI etc (As per tax 56,448 audit report 3,10,995-less disallowance considered in total

THE ASST. CIT,, RAJAMAHENDRAVARAM vs. MS. COSTAL AUTOMOBILES PVT.LTD., RAJAMAHENDRAVARAM

In the result, the appeal filed by the revenue is allowed for

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.157/Vizag/2017 ("नधा"रण वष" / Assessment Year: 2012-13) Acit, Circle-2(1) M/S. Coastal Automobiles Pvt.Ltd. Rajamahendravaram Rajamahendravaram [Pan No.Aabcc5287H] (अपीलाथ' / Appellant) (()याथ' / Respondent) C.O.No.76/Vizag/2017 आयकर अपील सं./I.T.A.No.157/Vizag/2017 ("नधा"रण वष" / Assessment Year: 2012-13) M/S. Coastal Automobiles Pvt.Ltd. Acit, Circle-2(1) Rajamahendravaram Rajamahendravaram (अपीलाथ' / Appellant) (()याथ' / Respondent) अपीलाथ" क" ओर से / Appellant By : Shri V. Appala Raju, Dr : Shri G.V.N. Hari, Ar ""याथ" क" ओर से / Respondent By सुनवाई क" तार"ख / Date Of Hearing : 24.04.2018 : 26.04.2018 घोषणा क" तार"ख / Date Of Pronouncement आदेश / O R D E R Per D.S. Sunder Singh: This Appeal Filed By The Revenue Is Directed Against Order Of The Commissioner Of Income Tax (Appeals)-2, Guntur Vide Appeal No.150/2015-16 Dated 5.1.2017 For The Assessment Year 2012-13. The Cross Objection Filed By The Assessee Is In Support Of The Order Passed By The Cit(A)-2, Guntur. M/S. Coastal Automobiles Pvt. Ltd., Rajamahendravaram 2. The Revenue Has Filed The Following Grounds Of Appeal:

set a rider to the Assessing Officer to examine the accountability of the receipts vis-à-vis TDS certificates and other information available on record, rather than giving full relief to the assessee without adjudicating the facts and merits of the case which are very much available on record. (iv) Any other ground that may be urged at the time

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

set off against the income of successor co-operative bank i.e. amalgamated co-operative bank (assessee) if the amalgamation is within the meaning of section 72AB of the Act. In the present case, the amalgamating company i.e. Bobbili Co-operative bank not filed return of income as required u/s 72AB of the Act. Therefore, the claim of the assessee cannot

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

set off against the income of successor co-operative bank i.e. amalgamated co-operative bank (assessee) if the amalgamation is within the meaning of section 72AB of the Act. In the present case, the amalgamating company i.e. Bobbili Co-operative bank not filed return of income as required u/s 72AB of the Act. Therefore, the claim of the assessee cannot

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

set off against the income of successor co-operative bank i.e. amalgamated co-operative bank (assessee) if the amalgamation is within the meaning of section 72AB of the Act. In the present case, the amalgamating company i.e. Bobbili Co-operative bank not filed return of income as required u/s 72AB of the Act. Therefore, the claim of the assessee cannot

THE FEDERATION OF SERICULTURISTS AND SILK WEAVERS COOPERATIVE SOCIETIES LTD,GUNTUR vs. ASSIATANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), GUNTUR

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

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No.220/Viz/2024 (िनधा"रण वष" / Assessment Year : 2014-15) The Federation Of Sericulturists Vs. The Asst. Commissioner Of & Silk Weavers Cooperative Income Tax, Societies Ltd., Guntur. Circle-1(1), Pan: Aacft0220D Guntur. (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Appellant By : Smt. A. Aruna, Ar ""याथ" क" ओर से / Respondent By : Dr. Satyasai Rath, Cit-Dr सुनवाई क" तारीख / Date Of Hearing : 16/07/2024 घोषणा क" तारीख/Date Of : 25/07/2024 Pronouncement O R D E R

TDS of Rs. 5,54,260/-. 6. The Ld. CIT(A) ought to have directed the Assessing Officer to grant set-off of loss

THE ASST. COMMISSIONER OF INCOME TAX, GUNTUR vs. M/S. BOOMMIDALA PACKAGINGS LIMITED,, GUNTUR

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

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अऩीऱ सं./I.T.A.No.128/Viz/2016 (ननधधारण वषा/Assessment Year:2006-07) The Asst. Commissioner Of Income-Tax Vs. M/S Bommidala Packagings Circle-1(1), Guntur Ltd., D.No.4-20-24, Ring Road Guntur [Pan :Aaac9113C] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अऩीऱधथी की ओर से/ Appellant By : Shri Y Sesha Srinivas, Dr प्रत्यथी की ओर से / Respondent By Shri I Kama Sastry, Ar : सुनवधई की तधरीख / Date Of Hearing : 08.02.2018 घोषणध की तधरीख/Date Of Pronouncement : 21 .02.2018

set off of losses, the revised total income was also assessed at Rs.Nil. 3. Aggrieved by the order of the AO, the assessee went on appeal before the CIT(A) and the Ld.CIT(A) allowed the appeal of the assessee holding that the assessee is following Mercantile system of accounting and excluded the excise duty or sales tax and admitted

PADMASREE STEELS PRIVATE LIMITED,RAVULAPALEM vs. DCIT, CIRCLE - 1, KAKINADA

In the result, appeal of the assessee is allowed

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.292/Viz/2025 (निर्धारणवर्ा/ Assessment Year:2018-19) Vs. Dcit – Circle –1 Padmasree Steels Private Limited Rs No. 109 & 110 Devarapalli 3Rd Floor, Deepthi Towers Main Road Ravulapalem – 533238 Kakinada – 533001 Andhra Pradesh Andhra Pradesh [Pan:Aadcp2642P]

setting off brought forward loss. However, assessee computed tax as per MAT under section 115JB of the Act and declared the deemed total income at Rs.1,51,95,147/-. The return was summarily processed under section 143(1) of the Act on 24.05.2019 and subsequently rectified on 28.11.2019. The case was selected for complete scrutiny under e-assessment scheme

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -1(1), GUNTUR vs. ANDHRA PRADESH STATE HOUSING CORPORATION LIMITED, VIJAYAWADA

In the result, appeal of the revenue is dismissed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.217/Viz/2023 (ननधधारण वर्ा / Assessment Year : 2008-09) Dy.Commissioner Of Vs. Andhra Pradesh State Income Tax Housing Corporation Ltd., Circle-1(1) Plot No.11 & 12, Nirman Guntur Bhavan, Near Apiic Colony Autonagar, Vijayawada [Pan : Aabca7206L] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

setting off of previous years losses amounting to Rs.39,28,82,453/-. Subsequently, it was noticed that the annual accounts of the assessee for the financial year 2007-08, relevant to the A.Y.2008-09, furnished along with the return of income were “Provisional” and further noticed that the assessee had debited expenditure amounting to Rs.13,41,40,709/- in the Income

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

ANDHRA PRADESH POWER GENERATION CORPORATION LIMITED,,VIJAYAWADA vs. THE ACIT, CIRCLE-3(1),, VIJAYAWADA

In the result, appeal of the assessee is dismissed

Bench: Shri N.K.Choudhry, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bleआयकरअपीलसं./I.T.A.No.168/Viz/2020 (निर्धारणवर्ा/Assessment Year:2015-16) Andhra Pradesh Power Generation Vs. Asst.Commissioner Of Corporation Ltd. Income Tax Vijayawada Circle-3(1) [Pan : Aacca2734J] Vijayawada (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

losses to the extent of total income. Subsequently, the Ld.Pr.CIT has taken the case for revision u/s 263 for assessee’s claim with regard to Rs.37,46,74,242/- paid in respect of royalty to the State Government which is not allowable deduction as per section 40(1)(iib) of the Act and the claim of Rs.1

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]

Loss account but not deducted the TDS. Therefore, the AO disallowed the entire sum of Rs.1,58,38,236/- u/s 40(a)(ia) of the Act and added back to the income. 3. On appeal before the Ld. CIT(A), the assessee has submitted that the expenditure relating to export charges were incurred for the purpose of clearing and forwarding

CHALUVADI ANJANEYULU (HUF),,MACHILIPATNAM vs. THE CIT,, VIJAYAWADA

In the result appeals of the assessee are allowed

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.248/Viz/2014 (ननधधारण वर्ा/ Assessment Year: 2009-2010) Chaluvadi Anjaneyulu (Huf) Vs. Commissioner Of Prop.: Sree Seetharamanjaneya Income Tax Rice Traders, 6-156, Fort Road Vijayawada Machilipatnam [Pan : Aaahc6340R] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No. 270/Viz/2015 (ननधधारण वर्ा/ Assessment Year: 2009-2010) Chaluvadi Anjaneyulu (Huf) Income Tax Officer Prop.: Sree Seetharamanjaneya Ward-1 Rice Traders, 6-156, Fort Road Machilipatnam Machilipatnam [Pan : Aaahc6340R] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri Siva Ram Kumar, Ar प्रत्यधथी की ओर से/ Respondent By : Shri Ch Sanjeev, Dr सुनवधई की तधरीख / Date Of Hearing : 08.01.2019 घोर्णध की तधरीख/Date Of Pronouncement : 11.01.2019

set aside. 4. The next issue is non deduction of TDS on interest payment of Rs.50,680/- and Rs.51.288/- made to Smt. Ch.Parvathi and Shri Ch.Dileep Kumar respectively and consequent disallowance of expenditure u/s 40(a)(ia) . In this regard, the assessee submitted that the TDS was made in the case of Smt.Ch.Parvathi on 06.062009 and filed e-TDS returns

CHALUVADA ANJANEYULU (HUF),,MACHILIPATNAM vs. THE CIT,, VIJAYAWADA

In the result appeals of the assessee are allowed

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.248/Viz/2014 (ननधधारण वर्ा/ Assessment Year: 2009-2010) Chaluvadi Anjaneyulu (Huf) Vs. Commissioner Of Prop.: Sree Seetharamanjaneya Income Tax Rice Traders, 6-156, Fort Road Vijayawada Machilipatnam [Pan : Aaahc6340R] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No. 270/Viz/2015 (ननधधारण वर्ा/ Assessment Year: 2009-2010) Chaluvadi Anjaneyulu (Huf) Income Tax Officer Prop.: Sree Seetharamanjaneya Ward-1 Rice Traders, 6-156, Fort Road Machilipatnam Machilipatnam [Pan : Aaahc6340R] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri Siva Ram Kumar, Ar प्रत्यधथी की ओर से/ Respondent By : Shri Ch Sanjeev, Dr सुनवधई की तधरीख / Date Of Hearing : 08.01.2019 घोर्णध की तधरीख/Date Of Pronouncement : 11.01.2019

set aside. 4. The next issue is non deduction of TDS on interest payment of Rs.50,680/- and Rs.51.288/- made to Smt. Ch.Parvathi and Shri Ch.Dileep Kumar respectively and consequent disallowance of expenditure u/s 40(a)(ia) . In this regard, the assessee submitted that the TDS was made in the case of Smt.Ch.Parvathi on 06.062009 and filed e-TDS returns

ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY,,VIJAYAWADA vs. ACIT, CIRCLE-3(1),, VIJAYAWADA

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

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bleandhra Pradesh Capital Vs. Acit, Circle-3(1), Region Development Authority Vijayawada. (Formerly Vgtm Urban Development Authority), Uda Complex, Lenin Centre, Governorpet, Vijayawada. Pan No. Aaalv 0067 E (Appellant) (Respondent)

set off of Rs.3,39,59,439.5/- incurred as expenditure in the nature of Master Plan Development cannot be treated as Income earned during the year and brought to the tax net. Please state your explanations in this due regard. 8) Please furnish the TDS Reconciliation with respect to the expenses claimed in the profit & loss

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1), , GUNTUR vs. NSL TEXTILES LIMITED,, GUNTUR

In the result, appeals filed by the Revenue are allowed for statistical purposes and the cross objections filed by the assessee are dismissed

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

loss account, it is noticed that the assessee has not deducted TDS on commission paid to foreign agents of Rs.1,60,62,998/-. The Assessing Officer asked the assessee-company to furnish the details and note on its allowability. The AR of the assessee has submitted vide its letter dated 18/03/2015 that the company paid commission of Rs.1