SANTOSH AGRAWAL,CHATTISGARH vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRLCE-1, VISAKHAPATNAM

capital gains and other sources, filed return of\nincome for the A.Y. 2006-07 admitting a total income of Rs. 3,68,980/-. The\nreturn was summarily processed under section 143(1) of the Income Tax Act,\n1961 [hereinafter in short “the Act"]. Assessee is the Chairman-cum-\nManaging Director of M/s. Maa Mahamaya Industries Limited.\n5. M/s. Maa Mahamaya

ASHOK KUMAR AGRAWAL,VISAKHAPATNAM vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, VISAKHAPATNAM

capital gains and other sources, filed return of\nincome for the A.Y. 2006-07 admitting a total income of Rs. 3,68,980/-. The\nreturn was summarily processed under section 143(1) of the Income Tax Act,\n1961 [hereinafter in short “the Act"]. Assessee is the Chairman-cum-\nManaging Director of M/s. Maa Mahamaya Industries Limited

PAVANCHANDRA CHITFUNDS PVT LTD,GUNTUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1), GUNTUR

Bench: Us:

127/-. The return of income was initially processed as such under Section 143(1) of the Act, on 29.12.2014. Subsequently, the case of the assessee company was selected for scrutiny assessment under Section 143(2) of the Act. 3. During the course of assessment proceedings, it was observed by the A.O. that the assessee company had purchased land admeasuring

ERRAMILLI GURUNADHA SASTRY,,VISAKHAPATNAM vs. INCOME TAX OFFICER, WARD-3(2), , VISAKHAPATNAM

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.424 & 425/Viz/2018 (ननधधारण वर्ा/Assessment Year : 2007-08 & 2008-09 Respectively) Erramilli Gurunadha Sastry Vs. Income Tax Officer D.No.50-97-3 Ward-3(2) Seethammadhara Visakhapatnam Visakhapatnam [Pan : Aacpe5039M] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri Gvn Hari, Ar प्रत्यधथी की ओर से / Respondent By : Smt Suman Malik, Dr सुनवधई की तधरीख / Date Of Hearing : 28.08.2019 घोर्णध की तधरीख/Date Of Pronouncement : 30.09.2019 आदेश /O R D E R

127 sq.yds together with AC Sheet admeasuring 250 sft. at D.No.55-6-49/2, Survey No.29 Part of Maddilapalem Village, Visakhapatnam to Sri Maradana Gurumurthy, Tatichetla Palem, Visakhapatnam for a consideration of Rs.4,00,000/- vide registered sale deed bearing No.937/2007 dated 06.02.2007. The market value of the property as per the stamp duty was fixed at Rs.9

ERRAMILLI GURUNADHA SASTRY,,VISAKHAPATNAM vs. INCOME TAX OFFICER, WARD-3(2),, VISAKHAPATNAM

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.424 & 425/Viz/2018 (ननधधारण वर्ा/Assessment Year : 2007-08 & 2008-09 Respectively) Erramilli Gurunadha Sastry Vs. Income Tax Officer D.No.50-97-3 Ward-3(2) Seethammadhara Visakhapatnam Visakhapatnam [Pan : Aacpe5039M] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri Gvn Hari, Ar प्रत्यधथी की ओर से / Respondent By : Smt Suman Malik, Dr सुनवधई की तधरीख / Date Of Hearing : 28.08.2019 घोर्णध की तधरीख/Date Of Pronouncement : 30.09.2019 आदेश /O R D E R

127 sq.yds together with AC Sheet admeasuring 250 sft. at D.No.55-6-49/2, Survey No.29 Part of Maddilapalem Village, Visakhapatnam to Sri Maradana Gurumurthy, Tatichetla Palem, Visakhapatnam for a consideration of Rs.4,00,000/- vide registered sale deed bearing No.937/2007 dated 06.02.2007. The market value of the property as per the stamp duty was fixed at Rs.9

KAKARLA GUNA VIDYA SARASWATHI,,VISAKHAPATNAM vs. THE INCOME TAX OFFICER, WARD-1(2), , VISAKHAPATNAM

In the result, appeals filed by the assessee are allowed

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.177/Viz/2020 (ननधधारण वर्ा / Assessment Year : 2007-08) Smt.Kakarla Guna Vidya Saraswathi Vs. Income Tax Officer C/O Kakrla Surya Gangadhar Tilak Ward-3(3) A-1, Janani Apartments Visakhapatnam Pandurangaswamy Temple Backside Pandurangapuram Visakhapatnam [Pan : Apjpk5999N] आयकर अपील सं./I.T.A.No.178/Viz/2020 (ननधधारण वर्ा / Assessment Year : 2007-08) Sri Kakarla Surya Gangadhar Tilak Vs. Income Tax Officer A-1, Janani Apartments Ward-1(2) Pandurangaswamy Temple Backside Visakhapatnam Pandurangapuram Visakhapatnam [Pan : Ahbpk5319G] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri I.Kama Sastry, Ar प्रत्यधथी की ओर से / Respondent By : Shri O.N.Hari Prasada Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 27.02.2023 घोर्णध की तधरीख/Date Of Pronouncement : 31.05.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessee Against The Orders Of Commissioner Of Income Tax (Appeals) [Cit(A)]-1 Visakhapatnam

127 transferring the case of the assessee from Income-Tax 5 I.T.A. No.177/Viz/2020 & 178 /Viz/2020, A.Y.2007-08 Kakarla Guna Vidya Saraswathi & Kakarla Surya Gangadhar Tilak, Visakhapatnam Officer, Ward-3(1), Visakhapatnam to Income-Tax Officer, Ward-1(2), Visakhapatnam. 6. The CIT (Appeals) is not justified in rejecting the plea of the assessee that the order passed by the Ld. Income

KAKRLA SURYA GANGADHAR TILAK,VISAKHAPATNAM vs. THE INCOME TAX OFFICER, WARD-3(3), , VISAKHAPATNAM

In the result, appeals filed by the assessee are allowed

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.177/Viz/2020 (ननधधारण वर्ा / Assessment Year : 2007-08) Smt.Kakarla Guna Vidya Saraswathi Vs. Income Tax Officer C/O Kakrla Surya Gangadhar Tilak Ward-3(3) A-1, Janani Apartments Visakhapatnam Pandurangaswamy Temple Backside Pandurangapuram Visakhapatnam [Pan : Apjpk5999N] आयकर अपील सं./I.T.A.No.178/Viz/2020 (ननधधारण वर्ा / Assessment Year : 2007-08) Sri Kakarla Surya Gangadhar Tilak Vs. Income Tax Officer A-1, Janani Apartments Ward-1(2) Pandurangaswamy Temple Backside Visakhapatnam Pandurangapuram Visakhapatnam [Pan : Ahbpk5319G] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri I.Kama Sastry, Ar प्रत्यधथी की ओर से / Respondent By : Shri O.N.Hari Prasada Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 27.02.2023 घोर्णध की तधरीख/Date Of Pronouncement : 31.05.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessee Against The Orders Of Commissioner Of Income Tax (Appeals) [Cit(A)]-1 Visakhapatnam

127 transferring the case of the assessee from Income-Tax 5 I.T.A. No.177/Viz/2020 & 178 /Viz/2020, A.Y.2007-08 Kakarla Guna Vidya Saraswathi & Kakarla Surya Gangadhar Tilak, Visakhapatnam Officer, Ward-3(1), Visakhapatnam to Income-Tax Officer, Ward-1(2), Visakhapatnam. 6. The CIT (Appeals) is not justified in rejecting the plea of the assessee that the order passed by the Ld. Income

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(1), GUNTUR vs. YERRA RAJESH, KOTHAPET

In the result, appeal of the revenue is dismissed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.417/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2022-23) Acit – Central Circle – 1 V. Yerra Rajesh 12-23-3, Kothapet -522001 Central Revenue Building Andhra Pradesh Kannavarithota Guntur – 522001 [Pan: Aagpy3466N] Andhra Pradesh

127 in F.No 127/Pr.CIT/VJA/2022-23 dated 24.03.2023 of Pr.CIT, Vijayawada, as it was observed that the assessee has involved in financial transactions will all the four brothers and key persons of M/s. Meenakshi Agro Chemicals. Accordingly, notice under section 143(2) of the Act was issued on 27.06.2023. Thereafter, notices under section 142(1) of the Act were issued

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, VISAKHAPATNAM vs. VIJAYNAGAR INVESTMENT AND INFRA DEVELOPERS PVT LTD, VISAKHAPATNAM

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.201/Viz/2022 ("नधा"रण वष" / Assessment Year :2017-18) Assistant Commissioner Of Vs. M/S. Vijaynagar Investment Income Tax & Infra Developers Private Central Circle-1, Limited, Visakhapatnam. Flat No. 403, 4Th Floor, Vijay Jyothi Arcade, Opp. Nhai Office, Hanumanthawaka, Visakhapatnam-530043. Pan: Aadcv 9521 F (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

127 of the Act in F.No. Pr. 3 CIT/1/VSP/127/2020-21, dated 4/11/2020. The Ld. AO issued a notice U/s. 153A of the Act on 25/2/2021 calling for the return of income. As there was no response, another notice U/s. 142(1) was issued calling for the information along with the detailed questionnaire. In response to the notice

SRI GOLUGURI NAGI REDDY,VIJAYAWADA vs. AASISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,, RAJAHMUNDRY

In the result, appeal of the assessee is partly allowed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.139/Viz/2022 ("नधा"रणवष"/ Assessment Year :2014-15) Sri Goluguri Nagi Reddy, Vs. Acit, Flat No.5, Shiridi Sai Apartments, Central Circle-1, Balasumudi, Bhimavaram. Rajahmundry. Pan: Abkpg 1138 J (अपीलाथ"/ Appellant) (""यथ"/ Respondent) आयकरअपीलसं./ I.T.A. No.140/Viz/2022 ("नधा"रणवष"/ Assessment Year :2017-18) Sri Goluguri Nagi Reddy, Vs. Acit, Flat No.5, Shiridi Sai Apartments, Central Circle-1, Balasumudi, Bhimavaram. Rajahmundry. Pan: Abkpg1138 J (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ"क"ओरसे/ Assessee By : Sri M.V. Prasad, Ca ""याथ"क"ओरसे/ Revenue By : Sri Mn Murthy Naik, Cit-Dr

Section 153A, the incriminating material, if any, found during the course of search of the assessee only can be utilized and not the material found in the search of any other person. Respectfully following the above precedents, we are of the considered view that the assessment made by the Ld. Revenue Authorities U/s. 153A of the Act is not valid

SRI GOLUGURI NAGI REDDY,VIJAYAWADA vs. ASSISTANT COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1, RAJAHMUNDRY

In the result, appeal of the assessee is partly allowed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.139/Viz/2022 ("नधा"रणवष"/ Assessment Year :2014-15) Sri Goluguri Nagi Reddy, Vs. Acit, Flat No.5, Shiridi Sai Apartments, Central Circle-1, Balasumudi, Bhimavaram. Rajahmundry. Pan: Abkpg 1138 J (अपीलाथ"/ Appellant) (""यथ"/ Respondent) आयकरअपीलसं./ I.T.A. No.140/Viz/2022 ("नधा"रणवष"/ Assessment Year :2017-18) Sri Goluguri Nagi Reddy, Vs. Acit, Flat No.5, Shiridi Sai Apartments, Central Circle-1, Balasumudi, Bhimavaram. Rajahmundry. Pan: Abkpg1138 J (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ"क"ओरसे/ Assessee By : Sri M.V. Prasad, Ca ""याथ"क"ओरसे/ Revenue By : Sri Mn Murthy Naik, Cit-Dr

Section 153A, the incriminating material, if any, found during the course of search of the assessee only can be utilized and not the material found in the search of any other person. Respectfully following the above precedents, we are of the considered view that the assessment made by the Ld. Revenue Authorities U/s. 153A of the Act is not valid

D.USHA REDDY,VISAKHAPATNAM vs. THE INCOME TAX OFFICER, WARD-1(4), VISAKHAPATNAM

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.602/Viz/2019 (ननधधारण वर्ा / Assessment Year : 2011-12) D Usha Reddy Vs. Income Tax Officer 312 Mvv Mk Royal Gardens Ward 1(4) Waltair Uplands Visakhapatnam Visakhapatnam [Pan : Acppd9238E] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

capital gains (on the ground that no evidence was produced) without giving opportunity to the appellant. Hence the appellant prays for relief. 4. The CIT(A) has erred in his finding that the credit in the bank account amounting to Rs.55,00,000/- was not proved though the appellant has proved it by filing confirmation letter. Hence, the appellant prays

DEPUTY COMMISSIONER OF INCOME TAX (IT), VISAKHAPATNAM vs. SHRI APPARAO MUKKAMALA, USA

In the result, the appeal filed by the revenue is dismissed, while for the cross-objection filed by the assessee is allowed

Bench: SHRI RAVISH SOOD, HON’BLE (Judicial Member), SHRI BALAKRISHNAN. S, HON’BLE (Accountant Member)

capital gains (LTCG) on sale of shares of M/s Sunbeam Hospitality Pvt. Ltd. The return of income filed by the assessee was initially processed as such under section 143(1) of the Act. 3. On 26.02.2019, search and seizure proceedings were conducted in the case of M/s Sandhya Hotels Pvt. Ltd. During the course of the search proceedings, a copy

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1),, VISAKHAPATNAM vs. VISAKHAPATNAM PORT AUTHORITY,, VISAKHAPATNAM

In the result, CO raised by the assessee is disposed off as discussed herein above

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.25/Viz/2014 ("नधा"रणवष"/ Assessment Year :2010-11) Visakhapatnam Port Authority, Vs. Addl. Cit, (Formerly Known As M/S. Range-1, Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. Pan: Aaalv0035C (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

gains of business or profession” wherein the disallowance U/s. 43B has been made becomes irrelevant and as such no consequentialeffect would be given to the disallowed amount on payment basis in the subsequent year. Therefore, the Ld. CIT-1, Visakhapatnam was of the opinion that such expenditure having no correlation with the income of the assessee earned during the relevant

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1),, VISAKHAPATNAM vs. VISAKHAPATNAM PORT AUTHORITY, , VISAKHAPTNAM

In the result, CO raised by the assessee is disposed off as discussed herein above

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.25/Viz/2014 ("नधा"रणवष"/ Assessment Year :2010-11) Visakhapatnam Port Authority, Vs. Addl. Cit, (Formerly Known As M/S. Range-1, Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. Pan: Aaalv0035C (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

gains of business or profession” wherein the disallowance U/s. 43B has been made becomes irrelevant and as such no consequentialeffect would be given to the disallowed amount on payment basis in the subsequent year. Therefore, the Ld. CIT-1, Visakhapatnam was of the opinion that such expenditure having no correlation with the income of the assessee earned during the relevant

VISAKHAPATNAM PORT AUTHORITY,,VISAKHAPATNAM vs. THE ACIT, CIRCLE - 1(1),, VISAKHAPATNAM

In the result, CO raised by the assessee is disposed off as discussed herein above

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.25/Viz/2014 ("नधा"रणवष"/ Assessment Year :2010-11) Visakhapatnam Port Authority, Vs. Addl. Cit, (Formerly Known As M/S. Range-1, Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. Pan: Aaalv0035C (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

gains of business or profession” wherein the disallowance U/s. 43B has been made becomes irrelevant and as such no consequentialeffect would be given to the disallowed amount on payment basis in the subsequent year. Therefore, the Ld. CIT-1, Visakhapatnam was of the opinion that such expenditure having no correlation with the income of the assessee earned during the relevant

VISAKHAPATNAM PORT AUTHORITY,,VISAKHAPATNAM vs. THE ACIT,, VISAKHAPATNAM

In the result, CO raised by the assessee is disposed off as discussed herein above

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.25/Viz/2014 ("नधा"रणवष"/ Assessment Year :2010-11) Visakhapatnam Port Authority, Vs. Addl. Cit, (Formerly Known As M/S. Range-1, Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. Pan: Aaalv0035C (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

gains of business or profession” wherein the disallowance U/s. 43B has been made becomes irrelevant and as such no consequentialeffect would be given to the disallowed amount on payment basis in the subsequent year. Therefore, the Ld. CIT-1, Visakhapatnam was of the opinion that such expenditure having no correlation with the income of the assessee earned during the relevant

VISAKHAPATNAM PORT AUTHORITY,,VISAKHAPATNAM vs. THE ADDL. CIT.,, VISAKHAPATNAM

In the result, CO raised by the assessee is disposed off as discussed herein above

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.25/Viz/2014 ("नधा"रणवष"/ Assessment Year :2010-11) Visakhapatnam Port Authority, Vs. Addl. Cit, (Formerly Known As M/S. Range-1, Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. Pan: Aaalv0035C (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

gains of business or profession” wherein the disallowance U/s. 43B has been made becomes irrelevant and as such no consequentialeffect would be given to the disallowed amount on payment basis in the subsequent year. Therefore, the Ld. CIT-1, Visakhapatnam was of the opinion that such expenditure having no correlation with the income of the assessee earned during the relevant