SMT. KANCHARLAPALLI HEMALATHA,,VIJAYAWADA vs. THE ITO,, VIJAYAWADA

In the result, the appeal of the assessee is allowed

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.322/Viz/2016 (धििाारण िर्ा/Assessment Year:2010-2011) Smt.Kancharlapalli Hemalatha Vs. Income Tax Officer Flat No.102, Sri Kesava Heights Ward-2(3) D.No.59A-21/3-5/2 Vijayawada Vizayanagar Colony Vijayawada [Pan :Bcmpk6735M] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

27 SOT 61 held as follows : "Exemption under section 54F is not available where assessee purchased new house out of funds borrowed from bank." The scope and effect of new provision (section 54F) was explained by the Board in circular No.346 dated 30th June, 1982 (1982) 138 ITR St 24. Relevant excerpt is quoted below: "With a view to encouraging

PUSARLA SUBHASH,,VISAKHAPATNAM vs. INCOME TAX OFFICER, WARD-1(4), VISAKHAPATNAM

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Blepusarla Subhash, Vs. Ito, Ward-1(4), D.No. 15-13-6, Maharanipeta, Visakhapatnam. Krishna Nagar, Visakhapatnam. Pan No. Aigpp 2446 K (Appellant) (Respondent)

27,880. The case of the assessee was selected for scrutiny and assessment is completed under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as the 'Act'). During the (Pusarla Subhash) course of assessment proceedings, the assessee claimed to have received agricultural income of Rs. 25,36,596/- on cultivation of palm fruit plantation and requested

JOINT COMMISSIONER OF INCOME TAX, (OSD), CENTRAL CIRCLE-2,, VISAKHAPATNAM vs. SURYA MANGAPATHI RAJU PENMETSA,, VISAKHAPATNAM

In the result, appeal filed by the Revenue as well as cross objection filed by the assessee is dismissed

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Blejcit, Central Circle-2, Vs. Surya Mangapathi Raju Visakhapatnam. Penmetsa, D.No. 11-9-6/2, Flat No. 90, Dasapalla Hills, Visakhapatnam. Pan No. Ahapp 1548 F (Appellant) (Respondent)

section 271(1)(c) of the Act for an amount of C.O.No. 51/VIZ/2018 (P. Surya Mangapathi Raju) Rs.25,27,350/- by observing that “the undersigned is specified that the assessee has a taxable income of Rs. 1,15,43,620/- during the financial year relevant to Assessment Year 2013-14 and hence, is liable to pay penalty which shall

GANGUNAIDU SABBAVARAPU,VISAKHAPATNAM vs. INCOME TAX OFFICER, WARD-2(5), VISAKHPATNAM

27-06-2024, dismissing the appeal,\nis not in accordance with the fact and provisions of law.\n2. The Learned CIT(A) ought not to have dismissed the appeal filed by the\nassessee, when assessee placed a reasonable claim for exemption of capital\ngains, arising on account of compulsory acquisition, from Income-tax in view\nof section 96 of REFTLAR

MADHU DEVI,VIJAYAWADA vs. INCOME TAX OFFICER, WARD-2(1), VIJAYAWADA

27-12-35, Chetla Bazar\nGovernorpet, Vijayawada – 520002\nAndhra Pradesh\n[PAN: ASTPS2713B]\n(अपीलार्थी/ Appellant)\nV.\nIncome Tax Officer – Ward – 2(1)\nC.R. Building, 1st Floor Annex\nM.G. Road, Vijayawada – 520002\nAndhra Pradesh\n(प्रत्यर्थी / Respondent)\nकरदाता का प्रतिनिधित्व/ Assessee Represented by\nराजस्व का प्रतिनिधित्व/ Department Represented by\nसुनवाई समाप्त होने की तिथि/ Date of Conclusion of Hearing\nघोषणा

THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, GUNTUR vs. SILEMANKHAN & MAHABOOBKHAN, GUNTUR

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

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.571/Viz/2019 (निर्धारण वर्ा/Assessment Year:2016-2017) Asst.Commissioner Of Vs. M/S Silemankhan & Mahaboobkhan Income Tax D.No.15-11-16 Central Circle-2 Mangalagiri Road Guntur Guntur [Pan : Aaifs2791N] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Cross Objection No.149/Viz/2019 (Arising Out Of I.T.A. No.571/Viz/2019) (निर्धारणवर्ा/Assessment Year:2016-2017) M/S Silemankhan & Vs. Deputy.Commissioner Of Mahaboobkhan Income Tax D.No.15-11-16 Central Circle-2 Mangalagiri Road Guntur Guntur [Pan : Aaifs2791N] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

capital gains of Rs.15,27,00,000/- declared by the assessee u/s 132(4). The AO completed the assessment u/s 143(3) r.w.s. 153C of the Act accepting the income returned and initiated the penalty proceedings u/s 271AAB of the Act and accordingly issued show cause notice calling for explanation of the assessee as to why the penalty should

ARYAPURAM CO=OP. URBANK LTD.,,RAJAHMUNDRY vs. THE ACIT,, RAJAHMUNDRY

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes; and the appeal filed by the Revenue is dismissed

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

27,52,916/- was created towards leave encashment. As per agreement, an employee is entitled to 30 days leave encashment per year and he can accumulate leave upto 300 days at the time of his retirement, the amount of which is exempt under section 10 of the Act. Since this provision amount is created towards end liability of leave encashment

THE ACIT,CIRCLE - 1,, RAJAHMUNDRY vs. M/STHE ARYAPURAM CO-OPRATIVE URBAN BANK LTD.,, RAJAHMUNDRY

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes; and the appeal filed by the Revenue is dismissed

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

27,52,916/- was created towards leave encashment. As per agreement, an employee is entitled to 30 days leave encashment per year and he can accumulate leave upto 300 days at the time of his retirement, the amount of which is exempt under section 10 of the Act. Since this provision amount is created towards end liability of leave encashment

THE ARYAPURAM CO-OPERATIVE URBAN BANK LTD.,,RAJAHMUNDRY vs. THE ACIT, CIRCLE - 1, RAJAHMUNDRY

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes; and the appeal filed by the Revenue is dismissed

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

27,52,916/- was created towards leave encashment. As per agreement, an employee is entitled to 30 days leave encashment per year and he can accumulate leave upto 300 days at the time of his retirement, the amount of which is exempt under section 10 of the Act. Since this provision amount is created towards end liability of leave encashment

THE ARYAPURAM CO-OPERATIVE URBAN BANK LTD.,RAJAHMUNDRY vs. THE ACIT,, RAJAHMUNDRY

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes; and the appeal filed by the Revenue is dismissed

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

27,52,916/- was created towards leave encashment. As per agreement, an employee is entitled to 30 days leave encashment per year and he can accumulate leave upto 300 days at the time of his retirement, the amount of which is exempt under section 10 of the Act. Since this provision amount is created towards end liability of leave encashment

RAKESH KUMAR JAIN,VIJAYAWADA vs. INCOME TAX OFFICER, WARD-2(1), VIJAYAWADA

In the result, appeal of the assessee is partly allowed

Bench: Shri Vijay Pal Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.361/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2017-18) Madhu Devi V. Income Tax Officer – Ward – 2(1) C.R. Building, 1St Floor Annex #27-23-66, Chetla Bazar M.G. Road, Vijayawada – 520002 Governorpet, Vijayawada – 520002 Andhra Pradesh Andhra Pradesh [Pan: Aelpj0707L] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपीलसं./I.T.A.No.362/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2017-18) Rakesh Kumar Jain V. Income Tax Officer – Ward – 2(1) C.R. Building, 1St Floor Annex D.No. 27-12-35, Chetla Bazar M.G. Road, Vijayawada – 520002 Governorpet, Vijayawada – 520002 Andhra Pradesh Andhra Pradesh [Pan: Astps2713B] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

27-12-35, Chetla Bazar M.G. Road, Vijayawada – 520002 Governorpet, Vijayawada – 520002 Andhra Pradesh Andhra Pradesh [PAN: ASTPS2713B] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Shri C. Subrahmanyam, AR करदाता का प्रतततितित्व/ Assessee Represented by : Dr.Aparna Villuri, Sr.AR राजस्व का प्रतततितित्व/ Department Represented by : सुिवाई समाप्त होिे की ततति/ Date of Conclusion of Hearing : 07.01.2025 घोर्णध की तधरीख/Date of Pronouncement : 31.01.2025 I.T.A.No

VIJAYA LAKSHMI RAVULA,GUNTUR vs. INCOME TAX OFFICER, WARD-2(1), GUNTUR

In the result, all the 4 appeals of the assessee are allowed

Bench: Shri Vijay Pal Rao, Vice-A N D Shri S. Balakrishnanappeal No. Assessee Respondent A.Y 209/Viz/2024 Konda Srinivasa Income Tax Officer 2016-17 Reddy, Guntur, Ward 2(1) Pan:Aafhk9821E Guntur 216/Viz/2024 Veerareddy Gogula - Do - -Do- Guntur Pan:Byapg6481J - Do - 217/Viz/2024 Swarajyam -Do- Dontireddy Guntur Pan:Cmmpd3393K - Do - 218/Viz/2024 Vijaya Lakshmi -Do- Ravula, Guntur Pan:Baopr0163G

C. Subrahmanyam, CA राज" व "ारा/Revenue by:: Shri Satyasai Rath, DR सुनवाई की तारीख/Date of hearing: 01/04/2025 घोषणा की तारीख/Pronouncement: 13/05/2025 आदेश/ORDER Per Vijay Pal Rao, Vice President These 4 appeals by the 4 related assessees are directed against the 4 separate orders of the learned Pr.CIT, dated, 23/01/2024 passed

SWARAJYAM DONTIREDDY,GUNTUR vs. INCOME TAX OFFICER, WARD-2(1), GUNTUR

In the result, all the 4 appeals of the assessee are allowed

Bench: Shri Vijay Pal Rao, Vice-A N D Shri S. Balakrishnanappeal No. Assessee Respondent A.Y 209/Viz/2024 Konda Srinivasa Income Tax Officer 2016-17 Reddy, Guntur, Ward 2(1) Pan:Aafhk9821E Guntur 216/Viz/2024 Veerareddy Gogula - Do - -Do- Guntur Pan:Byapg6481J - Do - 217/Viz/2024 Swarajyam -Do- Dontireddy Guntur Pan:Cmmpd3393K - Do - 218/Viz/2024 Vijaya Lakshmi -Do- Ravula, Guntur Pan:Baopr0163G

C. Subrahmanyam, CA राज" व "ारा/Revenue by:: Shri Satyasai Rath, DR सुनवाई की तारीख/Date of hearing: 01/04/2025 घोषणा की तारीख/Pronouncement: 13/05/2025 आदेश/ORDER Per Vijay Pal Rao, Vice President These 4 appeals by the 4 related assessees are directed against the 4 separate orders of the learned Pr.CIT, dated, 23/01/2024 passed

VEERAREDDY GOGULA,GUNTUR vs. INCOME TAX OFFICER, WARD-2(1), GUNTUR

In the result, all the 4 appeals of the assessee are allowed

Bench: Shri Vijay Pal Rao, Vice-A N D Shri S. Balakrishnanappeal No. Assessee Respondent A.Y 209/Viz/2024 Konda Srinivasa Income Tax Officer 2016-17 Reddy, Guntur, Ward 2(1) Pan:Aafhk9821E Guntur 216/Viz/2024 Veerareddy Gogula - Do - -Do- Guntur Pan:Byapg6481J - Do - 217/Viz/2024 Swarajyam -Do- Dontireddy Guntur Pan:Cmmpd3393K - Do - 218/Viz/2024 Vijaya Lakshmi -Do- Ravula, Guntur Pan:Baopr0163G

C. Subrahmanyam, CA राज" व "ारा/Revenue by:: Shri Satyasai Rath, DR सुनवाई की तारीख/Date of hearing: 01/04/2025 घोषणा की तारीख/Pronouncement: 13/05/2025 आदेश/ORDER Per Vijay Pal Rao, Vice President These 4 appeals by the 4 related assessees are directed against the 4 separate orders of the learned Pr.CIT, dated, 23/01/2024 passed

KONDA SRINIVASA REDDY,GUNTUR vs. INCOME TAX OFFICER, WARD-2(1), GUNTUR

In the result, all the 4 appeals of the assessee are allowed

Bench: Shri Vijay Pal Rao, Vice-A N D Shri S. Balakrishnanappeal No. Assessee Respondent A.Y 209/Viz/2024 Konda Srinivasa Income Tax Officer 2016-17 Reddy, Guntur, Ward 2(1) Pan:Aafhk9821E Guntur 216/Viz/2024 Veerareddy Gogula - Do - -Do- Guntur Pan:Byapg6481J - Do - 217/Viz/2024 Swarajyam -Do- Dontireddy Guntur Pan:Cmmpd3393K - Do - 218/Viz/2024 Vijaya Lakshmi -Do- Ravula, Guntur Pan:Baopr0163G

C. Subrahmanyam, CA राज" व "ारा/Revenue by:: Shri Satyasai Rath, DR सुनवाई की तारीख/Date of hearing: 01/04/2025 घोषणा की तारीख/Pronouncement: 13/05/2025 आदेश/ORDER Per Vijay Pal Rao, Vice President These 4 appeals by the 4 related assessees are directed against the 4 separate orders of the learned Pr.CIT, dated, 23/01/2024 passed

THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , VISAKHAPATNAM vs. POOSARLA SATYAVATHI, VIZIANAGARAM

In the result, appeal of the revenue is dismissed in limine and Cross objection filed is assessee is dismissed as infructuous

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Ble

C. Subrahmanyam राजस्व का प्रतततितित्व/ Department Represented by : Dr. Satyasai Rath, CIT(DR) सुिवाई समाप्त होिे की ततति/ Date of Conclusion of Hearing : 01.10.2024 घोर्णधकीतधरीख/Date of Pronouncement : 30.10.2024 आदेश /O R D E R PER SHRI S BALAKRISHNAN, ACCOUNTANT MEMBER: 1. The above captioned appeals and cross objections are relating to assessees of same group / family, therefore

LINTON PROJECTS PRIVATE LIMITED,VIZIANAGARAM vs. THE INCOME TAX OFFICER, WARD-1, , VIZIANAGARAM

In the result, appeal of the revenue is dismissed in limine and Cross objection filed is assessee is dismissed as infructuous

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Ble

C. Subrahmanyam राजस्व का प्रतततितित्व/ Department Represented by : Dr. Satyasai Rath, CIT(DR) सुिवाई समाप्त होिे की ततति/ Date of Conclusion of Hearing : 01.10.2024 घोर्णधकीतधरीख/Date of Pronouncement : 30.10.2024 आदेश /O R D E R PER SHRI S BALAKRISHNAN, ACCOUNTANT MEMBER: 1. The above captioned appeals and cross objections are relating to assessees of same group / family, therefore

ACIT,, VIJAYAWADA vs. SRI PRAKASH EDUCATIONAL SOCIETY, TUNI

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

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

27. On other hand, learned authors Chaturvedi and Pithisaria in their book Income Tax Law, Fifth edition, Vol.1, at page 424, under the heading "Income, when falls into the tax net", observed as follows:- "Although Section 14 of the 1961 Act classifies income under six heads, the main charging provision is Section 4(1) which levies income-tax, as only