SRI UMA KAMANDALESWARA CO - OPERATIVE RURAL BANK LTD.,ATHREYAPURAM vs. THE ADDL. CIT,, KAKINADA

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durga Rao, Hon’Blesri Uma Kamandaleswara Vs. Addl.Cit, Kakinada Co-Op Rural Bank Ltd., Ryali, Range, Kakinada. Athreyapuram Mandalm, East Godavari District. Pan No. Aadas 4663 B (Appellant) (Respondent)

capital among its members in the course of their banking business. Adverting to the fact that the phrase "business of banking" is not defined in the Income-tax Act, this court referred to the definition of the expression "banking" appearing in section 5(b) of the Banking Regulation Act to come to the conclusion that the income received

THE SRI GOWRI COOPERATIVE SOCIETY,VISAKHAPATNAM vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1,, VISAKHAPATNAM

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Blem/S. The Sri Gowri Vs. Pr.Cit-1, Co-Operative Society, Visakhapatnam. D.No.49-34-32/1, Konathala Complex, Akkayyapalem Main Road, Visakhapatnam. Pan No. Aaaat 8140 M (Appellant) (Respondent)

capital among its members in the course of their banking business. Adverting to the fact that the phrase "business of banking" is not defined in the Income-tax Act, this court referred to the definition of the expression "banking" appearing in section 5(b) of the Banking Regulation Act to come to the conclusion that the income received

YALAMANCHILI NEELIMA,,GUNTUR vs. THE INCOME TAX OFFICER, WARD-2(2),, GUNTUR

In the result, appeal of the assessee is partly allowed for statistical purposes

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

28,396 = Rs. 5,20,91,366/-) shall be the deemed sale consideration for the purpose of computation of capital gains. We therefore direct the Ld. AO to compute the capital gains adopting the above deemed sale consideration. Accordingly, this ground no. 5 raised by the assessee is allowed for statistical purposes. 10. With respect to Ground No.6 the assessee

VENKATA RAMANA GODA,VISAKHAPATNAM vs. ASSISSTANT COMMISSIONER OF INCOME TAX, CIRCLE-3(1), VISAKHAPATNAM

In the result, the appeal filed by the assessee is allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.489/Viz/2025 (िनधा"रण वष"/Assessment Year: 2020-21) Venkata Ramana Goda, Vs. Assistant Commissioner Visakhapatnam. Of Income Tax, Circle-3(1), Pan: Abzpg3216A Visakhapatnam. (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Mrs. K. Hemalatha, Ca राज" व "ारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of 17/11/2025 Hearing: घोषणा की तारीख/Date Of 05/12/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm: The Present Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 06/08/2025, Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 147 R.W.S 144B Of The Income Tax Act, 1961 (For Short, “The Act”), Dated 08/03/2025. The 2 Venkata Ramana Goda Vs. Acit

capital gains (STCG): Rs.61,60,000/-. 9. The assessee, being aggrieved with the order of the CIT(A) has carried the matter in appeal before us. 10. We have heard the Learned Authorized Representatives of both parties, perused the orders of the lower authorities and the material available on record, as well as considered the judicial pronouncements 8 Venkata Ramana

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-3(1), VIJAYAWADA vs. SRI JASTI SRIDHAR BABU, KESARAPALLI

In the result, appeal filed by the Revenue Department stands dismissed

Bench: Shri N.K. Choudhry, Hon’Ble & Shri D.S. Sunder Singh, Hon'Ble

section 2(14) of the Act. 3.3 The ld. Commissioner forwarded the said additional evidences which have been filed by the Assessee in support of its additional grounds of appeal, to the AO for furnishing remand report, in pursuance to which the AO carried out the field enquiry and submitted the remand report which is as under:- “2. Originally Assessee

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

capital gain or the head profits and gains from business was a subject matter of consideration by the Assessing Officer during the original assessment proceedings leading to an order dated 12 October 2010. It would therefore, follow that the reopening of the assessment by impugned notice dated 28 March 2013 is merely on the basis of change of opinion

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

capital gain or the head profits and gains from business was a subject matter of consideration by the Assessing Officer during the original assessment proceedings leading to an order dated 12 October 2010. It would therefore, follow that the reopening of the assessment by impugned notice dated 28 March 2013 is merely on the basis of change of opinion

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

capital gain or the head profits and gains from business was a subject matter of consideration by the Assessing Officer during the original assessment proceedings leading to an order dated 12 October 2010. It would therefore, follow that the reopening of the assessment by impugned notice dated 28 March 2013 is merely on the basis of change of opinion

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

capital gain or the head profits and gains from business was a subject matter of consideration by the Assessing Officer during the original assessment proceedings leading to an order dated 12 October 2010. It would therefore, follow that the reopening of the assessment by impugned notice dated 28 March 2013 is merely on the basis of change of opinion

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)

Section 54F of the Act with reference to the total investment of Rs. 3,28,15,000/-. 11.The issue regarding whether the investment in a capital asset is required to be sourced from the capital gain or not has been considered by the Honble P&H High Court in the case of Kapil Kumar Agarwal (supra) relied upon

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

ACIT, (EXEMPTIONS), EXEMPTIONS CIRCLE,, 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

28. As argued by the Revenue, though by virtue of Section 2(24)(iia) voluntary contributions are income, to our mind this by itself does not entitle the tax gatherer to ignore all other well settled principles of taxation and general law and levy tax on gross receipts without considering the claim for deductions. Principles such as capital versus revenue

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

28. As argued by the Revenue, though by virtue of Section 2(24)(iia) voluntary contributions are income, to our mind this by itself does not entitle the tax gatherer to ignore all other well settled principles of taxation and general law and levy tax on gross receipts without considering the claim for deductions. Principles such as capital versus revenue

ACIT, EXEMPTIONS,, VIJAYAWADA vs. SRI PRAKASHA EDUCATIONAL SOCIETY,, TUNII

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

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

28. As argued by the Revenue, though by virtue of Section 2(24)(iia) voluntary contributions are income, to our mind this by itself does not entitle the tax gatherer to ignore all other well settled principles of taxation and general law and levy tax on gross receipts without considering the claim for deductions. Principles such as capital versus revenue

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

2. 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 10(37) of Income-tax Act, 1961, in addition to the provisions of\nsection 96 of REFTLAR

ANKITHAM VENKATA MONISH SAMARENDRA ROW,VISAKHAPATNAM vs. THE ACIT, CIRCLE-1(1),, VISAKHAPATNAM

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No. 684/Viz/2013 (निर्धारण वर्ा/Assessment Year : 2010-11) Smt.Ankitham Jagga Row Indrani Vs. Income Tax Officer C/O M/S A.V.Bhanoji Row Ward-1(1) G.P.Ramayya & Co., Port Area Visakhapatnam Visakhapatnam [Pan :Afvpa3791G] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No. 685/Viz/2013 (निर्धारण वर्ा/Assessment Year : 2010-11) Sri A.Venkata Monish Samarendra Vs. Asst.Commissioner Of Row Income Tax D.No.10-28-4/31, Flat No.P-2 Circle-1(1) Deepanjali, Waltair Uplands Visakhapatnam Siripuram, Visakhapatnam [Pan :Acvpa 4899A] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No.692/Viz/2013) (निर्धारण वर्ा/Assessment Year : 2010-11) Income Tax Officer Vs. Smt. Ankitham Jagga Row Ward-1(1) Indrani Visakhapatnam D.No.10-28-4/31P-2 Deepanjali Waltair Uplands, Siripuram Visakhapatnam [Pan :Afvpa3791G] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

capital gains as per section 50C of the Act. The assessee objected for adoption of SRO rate, hence, the matter was referred to the Departmental Valuation Officer (DVO) in order to ascertain the market value of the said property as per the provisions of section 50C(2) of the Act. The DVO furnished the valuation report valuing the property

THE ACIT, CIRCLE-1(1),, VISAKHAPATNAM vs. A.VENKATA MONISH SAMARENDRA ROW, VISAKHAPATNAM

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No. 684/Viz/2013 (निर्धारण वर्ा/Assessment Year : 2010-11) Smt.Ankitham Jagga Row Indrani Vs. Income Tax Officer C/O M/S A.V.Bhanoji Row Ward-1(1) G.P.Ramayya & Co., Port Area Visakhapatnam Visakhapatnam [Pan :Afvpa3791G] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No. 685/Viz/2013 (निर्धारण वर्ा/Assessment Year : 2010-11) Sri A.Venkata Monish Samarendra Vs. Asst.Commissioner Of Row Income Tax D.No.10-28-4/31, Flat No.P-2 Circle-1(1) Deepanjali, Waltair Uplands Visakhapatnam Siripuram, Visakhapatnam [Pan :Acvpa 4899A] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No.692/Viz/2013) (निर्धारण वर्ा/Assessment Year : 2010-11) Income Tax Officer Vs. Smt. Ankitham Jagga Row Ward-1(1) Indrani Visakhapatnam D.No.10-28-4/31P-2 Deepanjali Waltair Uplands, Siripuram Visakhapatnam [Pan :Afvpa3791G] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

capital gains as per section 50C of the Act. The assessee objected for adoption of SRO rate, hence, the matter was referred to the Departmental Valuation Officer (DVO) in order to ascertain the market value of the said property as per the provisions of section 50C(2) of the Act. The DVO furnished the valuation report valuing the property

THE ITO, WARD-1(1),, VISAKHAPATNAM vs. SMT. ANKITHAM INDRANI JAGGA ROW,, VISAKHAPATNAM

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No. 684/Viz/2013 (निर्धारण वर्ा/Assessment Year : 2010-11) Smt.Ankitham Jagga Row Indrani Vs. Income Tax Officer C/O M/S A.V.Bhanoji Row Ward-1(1) G.P.Ramayya & Co., Port Area Visakhapatnam Visakhapatnam [Pan :Afvpa3791G] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No. 685/Viz/2013 (निर्धारण वर्ा/Assessment Year : 2010-11) Sri A.Venkata Monish Samarendra Vs. Asst.Commissioner Of Row Income Tax D.No.10-28-4/31, Flat No.P-2 Circle-1(1) Deepanjali, Waltair Uplands Visakhapatnam Siripuram, Visakhapatnam [Pan :Acvpa 4899A] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No.692/Viz/2013) (निर्धारण वर्ा/Assessment Year : 2010-11) Income Tax Officer Vs. Smt. Ankitham Jagga Row Ward-1(1) Indrani Visakhapatnam D.No.10-28-4/31P-2 Deepanjali Waltair Uplands, Siripuram Visakhapatnam [Pan :Afvpa3791G] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

capital gains as per section 50C of the Act. The assessee objected for adoption of SRO rate, hence, the matter was referred to the Departmental Valuation Officer (DVO) in order to ascertain the market value of the said property as per the provisions of section 50C(2) of the Act. The DVO furnished the valuation report valuing the property