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

section 53A of the Transfer of Property Act considered the property as 3 transferred during the assessment year 2016-17. The Ld. AO noticing that the assessee has not filed return of income for the AY 2016-17 believed that the income chargeable to tax escaped assessment and notice u/s. 148 of the Act was issued and served

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1), , VISAKHAPATNAM vs. DEVI TATIPARTI, , VISAKHAPATNAM

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

Bench: Shri N.K.Choudhry, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bleआयकर अपील सं./I.T.A.No.41/Viz/2021 (निर्धारण वर्ा/Assessment Year:2017-18) Dy.Commissioner Of Income Tax Vs. Smt.Devi Tatiparti Circle-3(1) D.No.10-27-7/19 Visakhapatnam Sri Satya Sai Enclave Waltair Uplands Visakhapatnam [Pan : Acipt9989K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Cross Objection No.37/Viz/2021 (Arising Out Of I.T.A. No.41/Viz/2021 Smt.Devi Tatiparti Vs. Dy.Commissioner Of Income Tax D.No.10-27-7/19 Circle-3(1) Sri Satya Sai Enclave Visakhapatnam Waltair Uplands, Visakhapatnam [Pan : Acipt9989K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri V.Srinivasa Rao, Ar प्रत्यधथी की ओर से / Respondent By : Shri G.V.N.Hari, Dr सुिवधई की तधरीख / Date Of Hearing : 09.09.2021 घोर्णध की तधरीख/Date Of Pronouncement : 24.09.2021 आदेश /O R D E R Per Bench: This Appeal Is Filed By The Revenue Against The Order Of The Commissioner Of Income Tax (Appeals) [Cit(A)]-1, Visakhapatnam In Ita

46A. Therefore, requested to remit the matter back to the file of the AO. 11. On the other hand, the Ld.AR argued that the AO made the addition u/s 69A. There is no dispute that the receipt was under long term capital gains for sale of shares. The details have been furnished in the paper book. The Ld.AR further argued

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

gains are not profits regulated by any statute, but profits in a business computed on business principles. They are business profits and not statutory profits. They are real profits and not notional profits. The real profit of a businessman under s. 10(1) of the IT Act cannot obviously include the amounts returned by him by way of rebate

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

gains are not profits regulated by any statute, but profits in a business computed on business principles. They are business profits and not statutory profits. They are real profits and not notional profits. The real profit of a businessman under s. 10(1) of the IT Act cannot obviously include the amounts returned by him by way of rebate

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

gains are not profits regulated by any statute, but profits in a business computed on business principles. They are business profits and not statutory profits. They are real profits and not notional profits. The real profit of a businessman under s. 10(1) of the IT Act cannot obviously include the amounts returned by him by way of rebate

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

gains are not profits regulated by any statute, but profits in a business computed on business principles. They are business profits and not statutory profits. They are real profits and not notional profits. The real profit of a businessman under s. 10(1) of the IT Act cannot obviously include the amounts returned by him by way of rebate

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)

capital gains. Since the assessee did not furnish any agreement, as claimed by the assessee, with respect to the said property, the Ld/ AO added back Rs. 37,53,540/- to the total income of the assessee as per the provisions of section 50C of the Act. Further, the Ld. AO observed that as per page 66 of the seized

THE INCOME TAX OFFICER, INTERNATIONALTAXATION, , VIJAYAWADA vs. KRISHNA MOHAN MALEMPATI, WELLINGTON MANOR

In the result, appeal of the Revenue is dismissed

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

section 69A of the Act and also as held by the Hon’ble Supreme Court in Sreelekha Benerjee vs. CIT [1963] 49 ITR 112 (SC), the onus is cast on the assessee to explain the nature and accounted source of cash deposited in bank account ie High Denomination Notes [HDN] banned by the Govt., to the satisfaction of the Assessing

RAMINENI VENKATESWARULU,GUNTUR vs. INCOME TAX OFFICER, WARD-1, NARASARAOPET

Bench: Us:

Section 69A of the Act. Accordingly, the Assessing Officer vide his order passed u/s 147 r.w.s. 144 r.w.s. 144B of the Act dated 29.01.2024 determined the income of the assessee at Rs.80,81,995/-. 4. Aggrieved, the assessee carried the matter in appeal before the CIT(A) but without success. Ostensibly, as the assessee had 4 failed to participate

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.

46A of the Income-tax Rules, 1962, but the same was w.r.t seeking admission of a certificate issued by a registered chartered accountant providing a detailed account of utilization of the loan/borrowed capital towards construction of properties, Page 32/Para 2.33 of the CIT(A) order. We, thus, are of a firm conviction that, as the subject agreements were filed

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.

46A of the Income-tax Rules, 1962, but the same was w.r.t seeking admission of a certificate issued by a registered chartered accountant providing a detailed account of utilization of the loan/borrowed capital towards construction of properties, Page 32/Para 2.33 of the CIT(A) order. We, thus, are of a firm conviction that, as the subject agreements were filed

DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTIONS), VIJAYAWADA vs. KANDULA LAKSHUMMA MEMORIAL EDUCATIONAL SOCIETY, KADAPA

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.179/Viz/2018 (निर्धारण वर्ा/Assessment Year:2013-14) Deputy Commissioner Of Vs. M/S Smt.Kandula Income Tax (Exemptions) Lakshumma Memorial Vijayawada Educational Society D.No.3/429 Raja Reddy Street Kadapa [Pan :Aadas4432Q] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Cross Objection No.91/Viz/2018 (Arising Out Of I.T.A. No.179/Viz/2018) (निर्धारण वर्ा/Assessment Year:2013-14) Vs. M/S Smt.Kandula Lakshumma Deputy Commissioner Of Memorial Educational Society Income Tax (Exemptions) D.No.3/429 Vijayawada Raja Reddy Street Kadapa [Pan :Aadas4432Q] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) रधजस्व की ओर से /Revenue By : Shri B.Rama Krishna, Dr निर्धाऩरती की ओ रसे / Assessee By : Shri G.V.N.Hari, Ar सुिवधई की तधरीख / Date Of Hearing : 18.08.2020 घोर्णध की तधरीख/Date Of Pronouncement : 21.09.2020

46A of Income Tax Rules. 5. Per contra, the Ld.AR submitted that the assessee has furnished the entire information which is clearly evident from the order of the AO. The Ld.AR further submitted that as per page No.2 of the assessment order, the assessee has submitted its explanation, stating that out of the payment of Rs.10 lakhs, Rs.7

THE ASSISTANT COMMISSIONER OF INCOME TAX(EXEMPTION), EXEMPTION CIRCLE,, VIJAYAWADA vs. ANDHRA CRICKET ASSOCIATION, VIJAYAWADA

In the result, appeal of the revenue is dismissed

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपीलसं./I.T.A.No.50/Viz/2020 (ननधधारण वर्ा/Assessment Year:2016-2017) Asst.Commissioner Of Income Tax Vs. M/S Andhra Cricket (Exemptions) Association Exemptions Circle D.No.60-8-8, 5Th Lane Vijayawada Siddartha Nagar Vijayawada [Pan : Aaatt2377D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri D.K.Sonowal, Cit Dr प्रत्यधथी की ओर से / Respondent By : Shri M.A.Rahim, I.T.P सुनवधई की तधरीख / Date Of Hearing : 25.09.2020 घोर्णध की तधरीख/Date Of Pronouncement : 23.11.2020

capital in nature and hence, did not accept the claim of the assessee. The AO worked out the excess of income over expenditure at Rs.19,14,77,837/-. Since the activities of the assessee are held to be in the nature of trade and commerce, the AO invoked the provisions of section 2(15) and held that the assessee does