INCOMETAX OFFICER, WARD-3(1), VISAKHAPATNAM vs. SURENDRA NATH GUBBALA, VISAKHAPATNAM

Bench: Us:

carried the matter in appeal before us, contending, viz. (i) the liabilities to banks were not of the assessee but of third parties; (ii) the payments directly made by the purchaser should form part of the sale consideration and cannot be reduced as an expenditure; (iii) the assessee had failed to prove the nexus of expenditure with the transfer

M/S. ANDHRA TRADE DEVELOPMENT - CORPORATION, PVT.LTD.,GUNTUR vs. THE ACIT,, GUNTUR

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.233/Viz/2017 (धििाारण िर्ा/ Assessment Year: 2013-2014) M/S Andhra Trade Development The Assistant Commissioner Corporation Pvt. Ltd., Of Income-Tax, Circle-1(1) Guntur Guntur [Pan : Aabca8777C] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलार्थी की ओर से/ Appellant By : Shri G.V.N.Hari, Ar प्रत्यार्थी की ओर से/ Respondent By : Shri D.K.Sonowal, Cit Dr

gains admitted by the assessee was loss of 11 I.T.A. No.233/Viz/2017 Andhra Trade Development Corporation, Guntur Rs.73,36,264/- and the AO did not allow the carry forward loss, even after assessment the capital

MANNE SUBBA RAO,RAJAMAHENDRAVARAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 2(1), , RAJAMAHENDRAVARAM

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

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.158/Viz/2018 (धििाारण िर्ा/ Assessment Year: 2014-2015) Manne Subba Rao Acit, Circle-2(1) D.No.78-15-21/5,T-1, Rajamahendravaram Block-1, Rama Residency Syamala Nagar Rajamahendravaram [Pan : Ayyps 3433R] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलार्थी की ओर से/ Appellant By : Shri G.V.N.Hari, Ar प्रत्यार्थी की ओर से/ Respondent By : Smt. Suman Malik, Dr

carried on by him shall be chargeable to income-tax as his income of the previous year In which such stock-in-trade is sold or otherwise transferred by him and, for the purposes of section 48, the fair market value of the asset on the date of such conversion or treatment shall be deemed to be the full value

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, , ELURU vs. SIRIUS OVERSEAS PRIVATE LIMITED, TANUKU

In the result, cross objections of the assessee for the A

Bench: Shri N.K.Choudhry, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bleआयकरअपीलसं./I.T.A.No.521 /Viz/2019 To 523/Viz/2019 (निर्धारण वर्ा/Assessment Year:2009-10, 2012-13 & 2013-14) Asst.Commissioner Of Income Tax Vs. M/S Sirius Overseas Private Circle-1 Limited Eluru D.No.2-152, Rice Mill Street Velpur, Tanuku Mandal West Godavari District [Pan : Aafcs5054C] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Cross Objection No.142/Viz/2019 To 144/Viz/2019 (Arising Out Of I.T.A. No.521/Viz/2019 To 523/Viz/2019) M/S Sirius Overseas Private Limited Vs. Asst.Commissioner Of D.No.2-152, Rice Mill Street Income Tax Velpur, Tanuku Mandal Circle-1, Eluru West Godavari District [Pan : Aafcs5054C] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri D.K.Sonowal, Cit(Dr) प्रत्यधथी की ओर से / Respondent By : Shri G.V.N.Hari, Ar सुिवधई की तधरीख / Date Of Hearing : 15.09.2021 घोर्णध कीतधरीख/Dt. Of Pronouncement : 24 .09.2021

carrying on business operations therefore it is capital receipt but not revenue receipt. The Ld.AR argued that it is settled issue that waiver of principal amount is capital receipt, neither can be taxed u/s 28(iv) nor u/s 41(1) of the Act. In the instant case, the AO made the addition without invoking any of the sections

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, , ELURU vs. SIRIUS OVERSEAS PRIVATE LIMITED, TANUKU

In the result, cross objections of the assessee for the A

Bench: Shri N.K.Choudhry, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bleआयकरअपीलसं./I.T.A.No.521 /Viz/2019 To 523/Viz/2019 (निर्धारण वर्ा/Assessment Year:2009-10, 2012-13 & 2013-14) Asst.Commissioner Of Income Tax Vs. M/S Sirius Overseas Private Circle-1 Limited Eluru D.No.2-152, Rice Mill Street Velpur, Tanuku Mandal West Godavari District [Pan : Aafcs5054C] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Cross Objection No.142/Viz/2019 To 144/Viz/2019 (Arising Out Of I.T.A. No.521/Viz/2019 To 523/Viz/2019) M/S Sirius Overseas Private Limited Vs. Asst.Commissioner Of D.No.2-152, Rice Mill Street Income Tax Velpur, Tanuku Mandal Circle-1, Eluru West Godavari District [Pan : Aafcs5054C] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri D.K.Sonowal, Cit(Dr) प्रत्यधथी की ओर से / Respondent By : Shri G.V.N.Hari, Ar सुिवधई की तधरीख / Date Of Hearing : 15.09.2021 घोर्णध कीतधरीख/Dt. Of Pronouncement : 24 .09.2021

carrying on business operations therefore it is capital receipt but not revenue receipt. The Ld.AR argued that it is settled issue that waiver of principal amount is capital receipt, neither can be taxed u/s 28(iv) nor u/s 41(1) of the Act. In the instant case, the AO made the addition without invoking any of the sections

THE ACIT, CIRCLE - 1,, RAJAHMUNDRY vs. THE ANDHRA PRADESH PAPER MILLS LTD.,, HYDERABAD

In the result, appeals filed by the Revenue are partly allowed and the cross objections filed by the assessee are partly allowed

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

carry forward losses etcetera as discussed supra, deduction u/s 8OIA is allowed to the appellant with respect to steam generation.” 16 We have heard both the sides and perused the material placed on record. 19 ITA Nos. 4-6/VIZ/2014 C.O.Nos.13-15/VIZ/2016 (The Andhra Pradesh Paper Mills Ltd.) 17 An identical issue has come up before this Tribunal

THE ACIT, CIRCLE - 1,, RAJAHMUNDRY vs. THE ANDHRA PRADESH PAPER MILLS LTD.,, HYDERABAD

In the result, appeals filed by the Revenue are partly allowed and the cross objections filed by the assessee are partly allowed

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

carry forward losses etcetera as discussed supra, deduction u/s 8OIA is allowed to the appellant with respect to steam generation.” 16 We have heard both the sides and perused the material placed on record. 19 ITA Nos. 4-6/VIZ/2014 C.O.Nos.13-15/VIZ/2016 (The Andhra Pradesh Paper Mills Ltd.) 17 An identical issue has come up before this Tribunal

THE ACIT, CIRCLE - 1,, RAJAHMUNDRY vs. THE ANDHRA PRADESH PAPER MILLS LTD.,, HYDERABAD

In the result, appeals filed by the Revenue are partly allowed and the cross objections filed by the assessee are partly allowed

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

carry forward losses etcetera as discussed supra, deduction u/s 8OIA is allowed to the appellant with respect to steam generation.” 16 We have heard both the sides and perused the material placed on record. 19 ITA Nos. 4-6/VIZ/2014 C.O.Nos.13-15/VIZ/2016 (The Andhra Pradesh Paper Mills Ltd.) 17 An identical issue has come up before this Tribunal

SMT. T.V. PADMAVATHI,,VIJAYAWADA vs. THE ITO,, VIJAYAWADA

In the result, the appeal of the assessee is dismissed

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.351/Viz/2016 (धििाारण िर्ा/ Assessment Year: 2012-2013) Smt.T.V.Padmavathi Vs. Income Tax Officer 40-15-11, Flat No.3 Ward-2(2) Sudha Apartments Vijayawada Greenland Hotel Road Vijayawada – 520 010 [Pan : Acxpt4644C] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

carried on any business during the year under consideration. As observed by the AO, the debit balance in the partnership firm as on 31.03.2006 was at Rs.1,77,10,778/- and it rose to Rs.7,04,16,001/- as on 31.03.2012. 6.1. The assessee has sold the property which was acquired in 2004-05 and subsequent to the acquisition

SREERAMULU PENTAKOTA,VISAKHAPATNAM vs. INCOME TAX OFFICER, WARD-3(3), VISAKHAPATNAM

Bench: Shri Ravish Sood, Hon’Ble & Shri Omkareshwar Chidara, Hon’Ble

forward capital loss of Rs. 2,37,03,359/- against Long Term Capital Gains (for short “LTCG”) of Rs. 2,37,03,359/- derived from the year under consideration. The return of income filed by the assessee was processed by the CPC, Bangalore, wherein his total income was determined at Rs. 2,43,33,430/- after allowing

THE KANAKAMAHALAKSHMI CO-OPERATIVE BANK LIMITED,,VISAKHAPATNAM vs. THE ACIT,, VISAKHAPATNAM

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

capital expenditure or personal expenditure of the assessee, but laid out and expended wholly and exclusively for the purposes of the business or profession, while computing income chargeable to tax. The main contention of the Revenue is that under sec. 36(1)(v), the payment made by the assessee as employer could be allowed only in respect of approved gratuity

THE KANAKAMAHALAKSHMI CO-OPERATIVE BANK LIMITED,,VISAKHAPATNAM vs. THE ACIT,, VISAKHAPATNAM

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

capital expenditure or personal expenditure of the assessee, but laid out and expended wholly and exclusively for the purposes of the business or profession, while computing income chargeable to tax. The main contention of the Revenue is that under sec. 36(1)(v), the payment made by the assessee as employer could be allowed only in respect of approved gratuity

ASSISTANT COMMISSIONER OF INCOME TAX , GUNTUR vs. MS.VIJAYASAI LAKSHMI SRINIVASA COTTON MILLS, GUNTUR

In the result, appeals ITA

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

forwarded by the Assessing Officer vide letter dated 19.07.2019. In response, the assessee vide letter dated 25.07.2019 [received in the O/o. Assessing Officer through emall on 11.09.2019] has furnished the objections for issue of notice u/sec.148 of the Act. The objections filed by the assessee were rejected and the same was also intimated to the assessee by the Assessing Officer

INCOME TAX OFFICER, WARD-2(1), GUNTUR vs. SHIVANI COTTON INDUSTRIES PRIVATE LIMITED, GUNTUR

In the result, appeals ITA

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

forwarded by the Assessing Officer vide letter dated 19.07.2019. In response, the assessee vide letter dated 25.07.2019 [received in the O/o. Assessing Officer through emall on 11.09.2019] has furnished the objections for issue of notice u/sec.148 of the Act. The objections filed by the assessee were rejected and the same was also intimated to the assessee by the Assessing Officer

INCOME TAX OFFICER, GUNTUR vs. MADHUSUSHANA VENKATA SUBBA RAO POTTI, GUNTUR

In the result, appeals ITA

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

forwarded by the Assessing Officer vide letter dated 19.07.2019. In response, the assessee vide letter dated 25.07.2019 [received in the O/o. Assessing Officer through emall on 11.09.2019] has furnished the objections for issue of notice u/sec.148 of the Act. The objections filed by the assessee were rejected and the same was also intimated to the assessee by the Assessing Officer

INCOME TAX OFFICER, WARD- 1(1),, GUNTUR vs. POTTI KUMARA NAGA VENKATA SAI CHAKRAVARTHY, GUNTUR

In the result, appeals ITA

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

forwarded by the Assessing Officer vide letter dated 19.07.2019. In response, the assessee vide letter dated 25.07.2019 [received in the O/o. Assessing Officer through emall on 11.09.2019] has furnished the objections for issue of notice u/sec.148 of the Act. The objections filed by the assessee were rejected and the same was also intimated to the assessee by the Assessing Officer

MADDIMISETTI SRINIVASU,TANUKU vs. THE ASST . COMMISSIONER OF INCOME TAX,CIRCLE-1, RAJAHMUNDARY

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

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.96/Viz/2022 (ननधधारण वर्ा / Assessment Year : 2017-18) Maddimsetti Srinivasu Vs. Asst.Commissioner Of D.No.1-77, Peddintlamma Street Income Tax Tanuku Mandal Circle-1 Komaravaram Rajahmundry [Pan : Ctxpm3066Q]

carried on by him shall be chargeable to income-tax as his income of the previous year in which such stock-in-trade is sold or otherwise transferred by him and for the purpose of section 48, the fair market value of the asset 3 ITA No.96/Viz/2022, A.Y.2017-18 Maddimsetti Srinivasu.,Komaravaram on the date of such conversion or treatment shall

MDR CRANES & INFRASTRUCTURE PVT LTD,VISAKHAPATNAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-3(1), VISAKHAPATNAM

carried the\nmatter before the Tribunal by raising following grounds:-\n“1. The order of the learned Commissioner of Income Tax (Appeals)\nis contrary to the facts and also the law applicable to the facts of\nthe case.\n2. The learned Commissioner of Income Tax (Appeals) ought to\nhave deleted the entire addition of Rs.2,18,03,212 made