INCOMETAX OFFICER, WARD-3(3), VISAKHAPATNAM vs. SARIPALLI VIMALA DEVI, VISAKHAPATNAM

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

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No.294/Viz/2023 (निर्धारण वर्ा/ Assessment Year : 2015-16) Income Tax Officer - Ward-3(3) Vs. Saripalli Vimala Devi Iind Floor Flat No. 103, Sun N Sea Apartments East Point Colony Infinity Towers Visakhapatnam - 530017 Shankarmatam Road, Santhipuram Visakhapatnam - 530016 Pan: Bddps0883J (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थी की ओरसे/ Assessee By : Sri C. Kameswara Rao, Ar प्रत्यधर्थीकीओरसे/ Revenue By : Dr. Satyasai Rath, Cit-Dr

75% from the husband’s share of repayment of loan, amounting to Rs. 5 Crores as cost of acquisition while computing the capital gains, being her share in the property sold, including inheritance. The Ld. AO considered that the repayment of mortgage loan does not constitute cost of acquisition as per section

NEKKANTI SEA FOODS LIMITED,VISAKHAPATNAM vs. ASSISTANT COMMISSIONER OF INCOME-TAX, VISAKHAPATNAM

In the result, appeal of the assessee is dismissed

capital\nreceipt or revenue receipt and would thus, be taxable. However, thereafter, and in order to put an\nend to the dispute, the legislature by way of inserting clauses 28 (iiia), (iiib), (iiic), (iiid) and (iiie)\nhas made the said incentives taxable under the head of \"profits and gains of business and\nprofession\".\n7.2 Section 80-IB provides for deductions

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

capital gains claimed as\nexemption under section 10(38) of the Act and thereby we allow the ground\nraised by the assessee.\n31. In the result, appeal of the assessee is allowed.\nITA No. 150/VIZ/2025 (A.Y. 2006-07) – (APPEAL RELATING TO SANTOSH AGRAWAL).\n32. Assessee has raised following grounds of appeal: -\n\"1. On the facts and circumstance

CHIGURUPATI RAJENDRA PRASAD,VIJAYAWADA vs. INCOME TAX OFFICER, WARD-2(2), VIJAYAWADA

In the result, 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.202/Viz/2023 (ननधधारण वर्ा / Assessment Year : 2012-13) Chigurupati Rajendra Prasad Vs. Income Tax Officer Dr.No.32-41-47/28, Near Library Ward-2(2) Machavaram Vijayawada Vijayawada Pan : Abjpc1799A] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

75,000/-, relevant to the A.Y.2012-13. The assessee did not file return of income for the A.Y.2012-13. In view of the non filing of the return, proceedings u/s 147 of the Act were initiated and the assessee admitted income from real estate transactions at Rs.38,000/-, loss from sale of property, popularly known as “leela mahal

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

capital gains claimed as\nexemption under section 10(38) of the Act and thereby we allow the ground\nraised by the assessee.\n\n31. In the result, appeal of the assessee is allowed.\n\nITA No. 150/VIZ/2025 (A.Y. 2006-07) – (APPEAL RELATING TO SANTOSH AGRAWAL).\n\n32. Assessee has raised following grounds of appeal: -\n\n\"1. On the facts

KALPANA TALUKDAR L/R OF (LATE) UTPAL TALUKDAR,VIJAYAWADA vs. INCOME TAX OFFICER, WARD-2(3), VIJAYAWADA

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

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.23/Viz/2024 (ननधधारण वर्ा / Assessment Year : 2012-13) Kalpana Talukdar Vs. Income Tax Officer L/R Of (Late) Utpal Talukdar Ward-3(5) Lotus Land Mark Vijayawada Plot No.1, Sector-4 Road No.4, Ayodhya Nagar (Po) Gandhi Nagar, Vijayawada [Pan : Apppt1112G] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

75,000/- as per provisions of section 50C of the Act, on which the assessee is liable for payment of capital gain

GOVINDAMMA ISIREDDY,VISAKHAPATNAM vs. INCOME TAX OFFICER, WARD-1(4), VISAKHAPATNAM

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.505/Viz/2025 ("नधा"रण वष"/Assessment Year: 2020-21) Govindamma Isireddy, Vs. Income Tax Officer, Visakhapatnam. Ward-1(4), Pan: Afipi4540L Visakhapatnam. (Appellant) (Respondent) "नधा"रती "वारा/Assessee By: Sri C. Subrahmanyam, Ca राज" व "वारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई क" तार"ख/Date Of 27/10/2025 Hearing: घोषणा क" तार"ख/Date Of 31/10/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm : The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Additional/Joint Commissioner Of Income-Tax (Appeals), Thane, Dated 12/08/2025, Which In Turn Arises From The Order Passed By The Assessing Officer (For Short, “A.O.”) Under Section 143(3) Of The Income Tax Act, 1961 (For Short “The Act”) Dated 28/12/2019 For 2 Govindamma Isireddy Vs. Ito

capital gains be deleted in full, and the appeal of the Appellant be allowed.” 3 Govindamma Isireddy vs. ITO 2. Succinctly stated, the assessee had filed the return of income for assessment year 2017-18 on 04/01/2018 declaring an income of Rs.8,34,900/-. Subsequently, the case of the assessee was selected for complete scrutiny under section

AGRI GOLD FOODS AND FARM PRODUCTS LIMITED,VIJAYAWADA vs. ASST.COMMISSIONER OF INCOME TAX, CIRCLE-2(1), VIJAYAWADA

Bench: Us:

75,684/-. 10. Aggrieved, the assessee company carried the matter in appeal before the CIT(A). The assessee company, in the course of the proceedings before the CIT(A), assailed the order passed by the A.O. u/s 143(3) r.w.s 147 of the Act, dated 31.03.2015, wherein he had re- characterized the exempt capital gain of Rs.13.26 crores (supra) disclosed

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

75,000/- from various relatives and the said gifts were added as Page No. 18 I.T.A. No. 227/VIZ/2020 I.T.A. No. 117/VIZ/2021& C.O. No. 13/VIZ/2023 M/s. Linton Projects Private Limited& Smt. Poosarla Satyavathi unexplained cash credit under section 68 of the Act on protective basis as admitted by the assessee before the Investiggation Directorate as her unexplained investment under section

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

75,000/- from various relatives and the said gifts were added as Page No. 18 I.T.A. No. 227/VIZ/2020 I.T.A. No. 117/VIZ/2021& C.O. No. 13/VIZ/2023 M/s. Linton Projects Private Limited& Smt. Poosarla Satyavathi unexplained cash credit under section 68 of the Act on protective basis as admitted by the assessee before the Investiggation Directorate as her unexplained investment under section

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

SAMRAJYAM KONDRU,KRISHNA DISTRICT vs. JCIT, RANGE-1, VIJAYAWADA

In the result, the appeal of the assessee is allowed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.183/Viz/2022 (ननधधारण वर्ा / Assessment Year : 2017-18) Samrajyam Kondru Vs. Jcit, Range-1 20-130 Tb Road Vijayawada Ramannapeta Bus Stop Nandigama Post & Mandal Krishna Dist [Pan : Bfmpk8467H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri Rajendra Prasad Talluri, Ar प्रत्यधथी की ओर से / Respondent By : Shri Sankar Pandi, Dr सुनवधई की तधरीख / Date Of Hearing : 05.01.2023 घोर्णध की तधरीख/Date Of Pronouncement : 16.02.2023

capital gains, e-filed her return of income for the A.Y.2017-18 on 05.08.2017, declaring total income of Rs.6,23,830/-. Subsequently, the case was selected for limited scrutiny under CASS to verify “cash deposit during demonetisation period”. Notices u/s 143(2) and 142(1) of the Income Tax Act, 1961 (in short ‘Act’) were issued and served on the assessee

NANNAPANENI SAILAJA,VIJAYAWADA vs. INCOME TAX OFFICER, WARD-3(1), VIJAYAWADA

In the result, appeal of the assessee is allowed

capital gains\ntax and the sale proceeds was deposited into the bank account of the assessee's\nhusband. He further submitted that the assessee's husband was regularly\nwithdrawing the funds from the bank. The Ld.AR submitted that the cash flow\nstatement has been submitted in paper book in page no. 42. He invited our\nattention to the cash flow

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

VISAKHAPATNAM PORT AUTHORITY, ,VISAKHAPATNAM vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, 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

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 ASSISTANT COMMISSIONER OF INCOME TAX, 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