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 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

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

DEVI SEA FOODS LIMITED,VISAKHAPATNAM vs. PRINCIPAL COMMISSIONER OF INCOME TAX, VISAKHAPATNAM

Appeal of the assessee is partly allowed for statistical\npurposes

loss on derivative instruments and interest on TDS payments.", "held": "The Tribunal held that the PCIT cannot direct the AO to complete the assessment in a specific manner. The revisional power is supervisory. The Tribunal set

KOTI NARASIMHA SRINIVAS VUKKURTHI,GUNTUR vs. INCOME TAX OFFICER, WARD-1(1), GUNTUR

In the result, appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.333/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2022-23) Vs. Income Tax Officer-Ward – 1(1) Koti Narasimha Srinivas Vukkurthi C/O. M.V. Prasad, Ca Income Tax Office First Floor Cr Buildings, Kannavari Thota Opposite Prasad & Co. Contractors Guntur – 522001, Andhra Pradesh D.No. 6-3-871 Snehalata, Greenlands Road Begumpet, Hyderabad – 500016 [Pan: Admpv6385Q] (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Shri Mv Prasad, Ca राजस्व का प्रतततितित्व/ Department Represented By : Dr.Aparna Villuri, Sr. Ar

Loss Account which is 2% of the turnover. The CPC, Bangalore processed the return of income u/s. 143(1) of the Act on 17.02.2023 wherein it was observed that the CPC has allowed the tax credit amounting to Rs. 10,271/- as against Rs.48,593/- claimed by the assessee in the return of income. Assessee also filed a petition

RP TRANSPORTERS, ,VIJAYAWADA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1), , VIJAYAWADA

In the result, appeal of the assessee is allowed

Bench: Shri Duvvuru R L Reddy, Hon’Ble & Shri S. Balakrishnan, Hon'Ble

loss of Rs. 28,18,085/-. The case was selected for scrutiny through CASS and assessment u/s. 143(3) was completed on 11/11/2013 with the assessed income of Rs. 8,20,789/-. The Assessing Officer initiated the proceedings U/s. 147 of the Act after prior approval of the Ld. Pr. CIT, Visakhapatnam and a notice U/s. 148 was issued

VISAKHAPATNAM INDUSTRIAL WATER SUPPLY COMPANY LTD,VISAKHAPATNAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4(1), VISAKHAPATNAM

In the result, appeals of the assessee are dismissed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.Nos.137, 138 & 139/Viz/2023 (निर्धारण वर्ा/ Assessment Years: 2005-06, 2006-07 & 2007-08) Visakhapatnam Industrial Water V. Asst. Commissioner Of Income-Tax Circle – 4(1) Supply Company Limited Income Tax Office C/O. Gvmc, Room No. 204 Pratyakshakar Bhavan Teneti Bhavan, Asilmetta Junction Mvp Double Road Visakhapatnam – 530002 Visakhapatnam – 530017 Andhra Pradesh Andhra Pradesh [Pan:Aabcv2240H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No. 229/Viz/2023 (निर्धारण वर्ा / Assessment Year: 2012-13) Visakhapatnam Industrial Water V. Dy. Commissioner Of Income-Tax Circle – 5(1) Supply Company Limited Income Tax Office C/O. Gvmc, Room No. 204 Pratyakshakar Bhavan Teneti Bhavan, Asilmetta Junction Mvp Double Road Visakhapatnam – 530002 Visakhapatnam – 530017 Andhra Pradesh Andhra Pradesh [Pan:Aabcv2240H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

loss to Rs. (-) 1,97,78,66,494/-. The order under section 143(3) r.w.s. 147 of the Act was set-aside by the Ld.CIT-2, Visakhapatnam to verify the correctness of 100% depreciation on certain items, TDS

VISAKHAPATNAM INDUSTRIAL WATER SUPPLY COMPANY LTD,VISAKHAPATNAM vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5(1), VISAKHAPATNAM

In the result, appeals of the assessee are dismissed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.Nos.137, 138 & 139/Viz/2023 (निर्धारण वर्ा/ Assessment Years: 2005-06, 2006-07 & 2007-08) Visakhapatnam Industrial Water V. Asst. Commissioner Of Income-Tax Circle – 4(1) Supply Company Limited Income Tax Office C/O. Gvmc, Room No. 204 Pratyakshakar Bhavan Teneti Bhavan, Asilmetta Junction Mvp Double Road Visakhapatnam – 530002 Visakhapatnam – 530017 Andhra Pradesh Andhra Pradesh [Pan:Aabcv2240H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No. 229/Viz/2023 (निर्धारण वर्ा / Assessment Year: 2012-13) Visakhapatnam Industrial Water V. Dy. Commissioner Of Income-Tax Circle – 5(1) Supply Company Limited Income Tax Office C/O. Gvmc, Room No. 204 Pratyakshakar Bhavan Teneti Bhavan, Asilmetta Junction Mvp Double Road Visakhapatnam – 530002 Visakhapatnam – 530017 Andhra Pradesh Andhra Pradesh [Pan:Aabcv2240H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

loss to Rs. (-) 1,97,78,66,494/-. The order under section 143(3) r.w.s. 147 of the Act was set-aside by the Ld.CIT-2, Visakhapatnam to verify the correctness of 100% depreciation on certain items, TDS

VISAKHAPATNAM INDUSTRIAL WATER SUPPLY COMPANY LTD,VISAKHAPATNAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4(1), VISAKHAPATNAM

In the result, appeals of the assessee are dismissed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.Nos.137, 138 & 139/Viz/2023 (निर्धारण वर्ा/ Assessment Years: 2005-06, 2006-07 & 2007-08) Visakhapatnam Industrial Water V. Asst. Commissioner Of Income-Tax Circle – 4(1) Supply Company Limited Income Tax Office C/O. Gvmc, Room No. 204 Pratyakshakar Bhavan Teneti Bhavan, Asilmetta Junction Mvp Double Road Visakhapatnam – 530002 Visakhapatnam – 530017 Andhra Pradesh Andhra Pradesh [Pan:Aabcv2240H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No. 229/Viz/2023 (निर्धारण वर्ा / Assessment Year: 2012-13) Visakhapatnam Industrial Water V. Dy. Commissioner Of Income-Tax Circle – 5(1) Supply Company Limited Income Tax Office C/O. Gvmc, Room No. 204 Pratyakshakar Bhavan Teneti Bhavan, Asilmetta Junction Mvp Double Road Visakhapatnam – 530002 Visakhapatnam – 530017 Andhra Pradesh Andhra Pradesh [Pan:Aabcv2240H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

loss to Rs. (-) 1,97,78,66,494/-. The order under section 143(3) r.w.s. 147 of the Act was set-aside by the Ld.CIT-2, Visakhapatnam to verify the correctness of 100% depreciation on certain items, TDS

VISAKHAPATNAM INDUSTRIAL WATER SUPPLY COMPANY LTD,VISAKHAPATNAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4(1), VISAKHAPATNAM

In the result, appeals of the assessee are dismissed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.Nos.137, 138 & 139/Viz/2023 (निर्धारण वर्ा/ Assessment Years: 2005-06, 2006-07 & 2007-08) Visakhapatnam Industrial Water V. Asst. Commissioner Of Income-Tax Circle – 4(1) Supply Company Limited Income Tax Office C/O. Gvmc, Room No. 204 Pratyakshakar Bhavan Teneti Bhavan, Asilmetta Junction Mvp Double Road Visakhapatnam – 530002 Visakhapatnam – 530017 Andhra Pradesh Andhra Pradesh [Pan:Aabcv2240H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No. 229/Viz/2023 (निर्धारण वर्ा / Assessment Year: 2012-13) Visakhapatnam Industrial Water V. Dy. Commissioner Of Income-Tax Circle – 5(1) Supply Company Limited Income Tax Office C/O. Gvmc, Room No. 204 Pratyakshakar Bhavan Teneti Bhavan, Asilmetta Junction Mvp Double Road Visakhapatnam – 530002 Visakhapatnam – 530017 Andhra Pradesh Andhra Pradesh [Pan:Aabcv2240H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

loss to Rs. (-) 1,97,78,66,494/-. The order under section 143(3) r.w.s. 147 of the Act was set-aside by the Ld.CIT-2, Visakhapatnam to verify the correctness of 100% depreciation on certain items, TDS

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

In the result, appeal of the assessee is partly allowed

Bench: Shri K. Narasimha Chary, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.360/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2017-18) The Yanam Cooperative Stores Limited V. Pr.Cit 3-2-058, Vishnalayam Street Aayakar Bhavan Dabagarden – 530020 Yanam – 533464 Visakhapatnam Puducherry Andhra Pradesh [Pan: Aadft3518R] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

loss shall be disallowed as the return of income was not filed within the due date specified under section 139(1) of the Act. 6. Per contra, Ld. Departmental Representative [hereinafter in short “Ld.DR”] argued that assessee is a non-filer and has not filed his return of income within the time allowed under section

BLUEFROG MOBILE TECHNOLOGIES PRIVATE LIMITED,VISAKHAPATNAM vs. DCIT, CIRCLE- 1(1), VISAKHAPATNAM

Bench: Us:

TDS statement. It is seen that the assessee has shown only an amount of Rs.6,10,56,700/- as revenue in its profit and loss account. The assessee has not been able to establish the reasons of difference between the turnover in the profit and loss account and the turnover appearing in Form 26AS. It has not been able

DCIT, CIRCLE - 3(1), , VISAKHAPATNAM vs. NORD ANGLIA EDUCATION INFRASTRUCTURE PRIVATE LIMITED, VISAKHAPATNAM

loss a/c was filed for all the activities of the\nassessee and the expenses incurred for all the activities were debited\nto the common P & L account. Needless to emphasize that (a) making\nof fresh investments, (b) maintaining or continuing with existing portfolio\nof investments, (c) deciding even the time when to exit from one\ninvestment to another are well

DCIT, CIRCLE - 3(1), VISAKHAPATNAM vs. NORD ANGLIA EDUCATION INFRASTRUCTURE PRIVATE LIMITED, VISAKHAPATNAM

In the result, all the appeals filed by the revenue, viz

Bench: Shri Ravish Sood & Shri Balakrishnan S.

loss a/c was filed for all the activities of the assessee and the expenses incurred for all the activities were debited to the common P & L account. Needless to emphasize that (a) making of fresh investments, (b) maintaining or continuing with existing portfolio of investments, (c) deciding even the time when to exit from one investment to another are well

DCIT, CIRCLE -3(1), VISAKHAPATNAM vs. NORD ANGLIA EDUCATION INFRASTRUCTURE PRIVATE LIMITED, VISAKHAPATNAM

In the result, all the appeals filed by the revenue, viz

Bench: Shri Ravish Sood & Shri Balakrishnan S.

loss a/c was filed for all the activities of the assessee and the expenses incurred for all the activities were debited to the common P & L account. Needless to emphasize that (a) making of fresh investments, (b) maintaining or continuing with existing portfolio of investments, (c) deciding even the time when to exit from one investment to another are well

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), , VISAKHAPATNAM vs. ALFA ELECTRONIC SERVICES(INDIA) PRIVATE LIMITED,, VISAKHAPATNAM

In the result, appeal filed by the revenue is allowed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.Nos. 50, 51 & 53/Viz/2021 (निर्धारण वर्ा/ Assessment Years: 2013-14, 2014-15 & 2015-16) Acit – Circle – 1(1) V. M/S. Alfa Electronic Services (India) Prathyakshakar Bhavan, Sector – 8 Private Limited Mvp Double Road, 49-22-5, Sri Sai Mansions Visakhapatnam – 530017 Lalitha Nagar, Visakhapatnam – 530016 Andhra Pradesh Andhra Pradesh [Pan: Aahca3583E] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

TDS, it cannot be considered genuine that the expenditure has been incurred by the assessee-company for the sub-contracts undertaken by the assessee-company. Further it is also found that the Managing Director has repeatedly accepted the bogus nature of sub-contract works in the sworn statement. We are therefore of the considered view that the order

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1),, VISAKHAPATNAM vs. ALFA ELECTRONIC SERVICES(INDIA) PRIVATE LIMITED, VISAKHAPTNAM

In the result, appeal filed by the revenue is allowed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.Nos. 50, 51 & 53/Viz/2021 (निर्धारण वर्ा/ Assessment Years: 2013-14, 2014-15 & 2015-16) Acit – Circle – 1(1) V. M/S. Alfa Electronic Services (India) Prathyakshakar Bhavan, Sector – 8 Private Limited Mvp Double Road, 49-22-5, Sri Sai Mansions Visakhapatnam – 530017 Lalitha Nagar, Visakhapatnam – 530016 Andhra Pradesh Andhra Pradesh [Pan: Aahca3583E] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

TDS, it cannot be considered genuine that the expenditure has been incurred by the assessee-company for the sub-contracts undertaken by the assessee-company. Further it is also found that the Managing Director has repeatedly accepted the bogus nature of sub-contract works in the sworn statement. We are therefore of the considered view that the order

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1),, VISAKHAPATNAM vs. ALFA ELECTRONIC SERVICES(INDIA) PRIVATE LIMITED, VISAKHAPTNAM

In the result, appeal filed by the revenue is allowed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.Nos. 50, 51 & 53/Viz/2021 (निर्धारण वर्ा/ Assessment Years: 2013-14, 2014-15 & 2015-16) Acit – Circle – 1(1) V. M/S. Alfa Electronic Services (India) Prathyakshakar Bhavan, Sector – 8 Private Limited Mvp Double Road, 49-22-5, Sri Sai Mansions Visakhapatnam – 530017 Lalitha Nagar, Visakhapatnam – 530016 Andhra Pradesh Andhra Pradesh [Pan: Aahca3583E] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

TDS, it cannot be considered genuine that the expenditure has been incurred by the assessee-company for the sub-contracts undertaken by the assessee-company. Further it is also found that the Managing Director has repeatedly accepted the bogus nature of sub-contract works in the sworn statement. We are therefore of the considered view that the order