ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-3(1), VISAKHAPATNAM vs. GUNTUBOLU UMA SAI PRASAD, VISAKHAPATNAM

In the result, appeal of the assessee is dismissed

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

condone the delay of 11 days in filing the appeals before the Tribunal and we proceed to adjudicate the appeals on merits. 5. Since the Revenue has raised the identical grounds, we shall take up ITA No. 226/Viz/2022 as a lead appeal. The Revenue has raised the following grounds in its appeal for the AY 2018-19. “1. The order

THE ETIKOPPAKA COOP AGRICULTURAL INDUSTRIAL SOCIETY LIMITED,VISAKHAPATNAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1),, VISAKHAPATNAM

In the result, appeal of the assessee is allowed

Bench: Shri Duvvuru R L Reddy, Hon’Ble & Shri S. Balakrishnan, Hon'Ble

36(1)(va) of the Act? (b) Whether the deletion of the 2nd proviso to Section 43B by way of amendment by the Finance Act, 2003 is retrospective in nature?" 16. These questions were answered by the Division Bench in the following manner :- "7. Having heard the learned counsel for the Revenue, as well as, the assessee

AUDREY BERNICE ROY,VISAKHAPATNAM vs. INCOME TAX OFFICER, VISAKHAPATNAM

Bench: Shri Ravish Sood, Hon’Ble

1). The same is visible in the portal as if uploaded(assessed) on 11-01-2019 but assessee is unable to download from the portal and running from pillar to post to get a copy of that for filing appeal. The delays are not attributable top assessee and file this appeal immediately. Hence the delay may be condoned

DEPUTY COMMISSIONER OF INCOME TAX, VISAKHAPATNAM vs. VENKATA SITA RAMACHANDRA RAO KANCHUMARTHY, RAJAHMUNDRY

In the result, appeal of the revenue is dismissed

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.352/Viz/2025 (निर्धारण वर्ा/ Assessment Year:2016-17) Vs. Dy. Commissioner Of Income Tax Venkata Sita Ramachandra Rao Kanchumarty International Taxation, Circle H.No. 26-22-16 Ground Floor, Infinity Tower Near Chinna Anjaneya Swamy Temple Sankarmattam Road Danavaipeta, Rajahmundry Visakhapatnam – 530016 East Godavari District – 533103 Andhra Pradesh Andhra Pradesh [Pan:Edzpk3519Q]

36(1)(iii) and made additions to income of assessee- He also directed for issuance of notice under section 271(1)(c) - He further levied penalty within band of 100 percent to 300 percent of said amount - It was noted that Tribunal noted that penalty under section 271(1)(c) could be imposed on two limbs, first, for furnishing incorrect

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -1, , ELURU vs. THE ELURU CO-OPERATIVE URBAN BANK LIMITED, ELURU

In the result, cross objection filed by the assessee is partly allowed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अऩीऱ सं./ I.T.A. No.384/Viz/2018 (ननधधारण वषा / Ay:2010-11) Asst. Commissioner Of Income Vs. The Eluru Cooperative Urban Tax, Bank Limited, Circle-1, Eluru. Eluru. Pan: Aaabt 0168 L (अऩीऱधथी/ Appellant) (प्रत्यथी/ Respondent) C.O. No.108/Viz/2019 (In आयकर अऩीऱ सं./ I.T.A. No.384/Viz/2018) (ननधधारण वषा / Ay :2010-11) The Eluru Cooperative Urban Vs. Asst. Commissioner Of Bank Limited, Income Tax, Eluru. Circle-1, Pan: Aaabt 0168 L Eluru. (अऩीऱधथी/ Appellant) (प्रत्यथी/ Respondent) अऩीऱधथी की ओर से/ Appellant By : Sri C. Subrahmanyam प्रत्यधथी की ओर से / Respondent By : Sri Spg Mudaliar, Sr. Ar

condone the delay and proceed to adjudicate the appeal on merits. 4. The Revenue has raised the following grounds of appeal before the Tribunal. “1. The order of the Ld. CIT(A) is erroneous on facts and in law. 2. The Ld. CIT(A) erred in deleting the addition of Rs. 2,93,452/- made by the AO on account

SYSTEMATIC ENTERPRISES,VISAKHAPATNAM vs. INCOME-TAX OFFICER, WARD-3(1), VISAKHAPATNAM

In the result, both the appeals filed by the assessee are allowed

Bench: Shri Duvvuru R L Reddy, Hon’Ble & Shri S. Balakrishnan, Hon'Ble

36(1)(va) of the Act on account of delayed payment made to employees’ contribution towards PF & ESI under the respective Acts. (Systematic Enterprises) 4. Aggrieved by the order u/sec. 154 r.w.s. 143(1), the assessee filed an appeal before the ld.CIT(A) on 08.03.2021, which was migrated to the NFAC in terms of Notification No. 76/2020 in S.O.No

SYSTEMATIC ENTERPRISES,VISAKHAPATNAM vs. INCOME-TAX OFFICER, WARD-3(1), VISAKHAPATNAM

In the result, both the appeals filed by the assessee are allowed

Bench: Shri Duvvuru R L Reddy, Hon’Ble & Shri S. Balakrishnan, Hon'Ble

36(1)(va) of the Act on account of delayed payment made to employees’ contribution towards PF & ESI under the respective Acts. (Systematic Enterprises) 4. Aggrieved by the order u/sec. 154 r.w.s. 143(1), the assessee filed an appeal before the ld.CIT(A) on 08.03.2021, which was migrated to the NFAC in terms of Notification No. 76/2020 in S.O.No

SURESH DHARNIA,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

Bench: Us :

Section 36(1)(va) of the Act the assessee's claim for deduction of the delayed deposit of the employee's share of contribution od EPF/ESI amounting to Rs. 62,02,070/-. 4. Aggrieved, the assessee carried the matter in appeal before the CIT(A), but without success on the issue in hand i.e., the sustainability of the disallowance

SURESH DHARNIA,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

Bench: Us :

Section 36(1)(va) of the Act the assessee's claim for deduction of the delayed deposit of the employee's share of contribution od EPF/ESI amounting to Rs. 62,02,070/-. 4. Aggrieved, the assessee carried the matter in appeal before the CIT(A), but without success on the issue in hand i.e., the sustainability of the disallowance

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

Bench: Us:

condone the delay involved in the filing of the present appeal. 6. Succinctly stated, the assessee company, which is engaged in the business of manufacturing cattle feed and seeds, had filed its return of income for A.Y. 2007-08 on 26.04.2008, declaring a loss of (-) Rs. 1,59,44,684/-. The return of income was initially processed as such

ANDHRA PRADESH STATE CIVIL SUPPLIES CORPORATION LIMITED,KANURU vs. ITO, TDS, WARD(1), ELURU, ELURU

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

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.29/Viz/2025 (निर्धारण वर्ा/ Assessment Year:2019-20) Vs. Andhra Pradesh State Civil The Income Tax Officer (Tds)-Ward-1 Eluru – 534001 Supplies Corporation Limited Andhra Pradesh 10-152/1, 4Th Floor Sai Towers, Ashok Nagar Bandar Road, Kanuru – 520007 Andhra Pradesh [Pan: Aabca7161R]

section 154 of Income Tax Act, 1961 (in short ‘Act’) dated 02.12.2019. 2. Brief facts of the case are that the assessee being a Government Undertaking owned by the Government of Andhra Pradesh for supply of essential commodities to public in general under Public Distribution System. It was noticed by the Ld. Assessing Officer [hereinafter in short “Ld. AO"] that

OURS YOUTH CLUB,VIZIANAGARAM vs. INCOME TAX OFFICER, WARD-1, VIZIANAGARAM

In the result, appeal of the assessee is allowed

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.22/Viz/2022 (ननधधारण वर्ा / Assessment Year : 2017-18) Ours Youth Club Vs. Income Tax Officer 1-19-17, Bc Colony Agraharam Ward-1 Vizianagaram Vijayanagaram [Pan : Aaaao2600H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

condone the delay and admit the appeal for hearing. 2. Brief facts of the case are that the assessee, an Association of Persons, registered as Society is engaged in the business of supply of manpower to the Government Sectors like municipalities, hospitals etc. It receives payments from such organizations for supply of manpower and the society in turn pays

BHARATH YUVA SANKSHEMA SANGHAM,ELURU vs. INCOME-TAX OFFICER, ELURU

In the result, appeal filed by the assessee is allowed

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआईटीए. नं. / Ita No. 160/Viz/2025 निर्धारणवर्ा/ Assessment Year:2018-19) Bharath Yuva Sankshema Sangham V. Income Tax Officer 20B-7-21/1 Income Tax Office C/O. Ayyappa Medicals Eluru, West Godavari Andhra Pradesh Gandhi Nagar, Eluru West Godavari District – 534002 Andhra Pradesh [Pan:Aidpg1046K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Shri C. Subrahmanyam राजस्व का प्रतततितित्व/ Department Represented By : Dr. Aparna Villuri, Sr.Ar

condone the delay of 19 Page No. 2 Bharath Yuva Sankshema Sangham days in filing the appeal before the Tribunal and proceed to adjudicate the appeal on merits in the following paragraphs. 4. Brief facts of the case are, assessee’s society is engaged in providing man power services to various government departments. During the year under consideration, the assessee

SHAIK SAIDA,NUZVID vs. INCOME TAX OFFICER, WARD-3(1), VIJAYAWADA

condone the delay of 116 days in filing\nthe appeal and proceed to adjudicate the appeals on merits.\n4. Brief facts of the case are that the assessee is an\nindividual. As per the information available with the\nDepartment, the Ld. AO noticed that the assessee has\ndeposited cash

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

condone the delay involved in\nfiling of the present appeal.\n5. The assessee has filed with us an application for admission of\ncertain additional evidence under Rule 29 of the Income Tax Appellate\nTribunal Rules, 1963, which comprises of the following documents:\n(i). Order issued by NHAI for Award under compulsory acquisition\nof land from assessee

VINTA LABORATORIES PVT LTD,VISHAKHAPATNAM vs. DCIT CIRCLE 3(1), VISAKHAPATNAM

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

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.467/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2021-22) Vs. Dcit – Circle – 3(1) Vinta Laboratories Private Limited Plot No. 23-D, Apsez- De-Notified Area 1St Floor, Infinity Towers Apiic Rambilli Mandal D.No. 50-92-34/1/1 Visakhapatnam – 531011 Sankarmatham Road Andhra Pradesh Resapuvanipalem, Shanthipuram Visakhapatnam – 530016 [Pan:Aarcs7889P] Andhra Pradesh (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Shri N.R. Agrawal, Ca राजस्व का प्रतततितित्व/ Department Represented By : Dr.Aparna Villuri, Sr. Ar

section 144 of Income Tax Act, 1961 (in short ‘Act’) dated 21.12.2022. 2. At the outset, it is noticed from the appeal record that there is a delay of one (1) day in filing the appeal before the Tribunal. Explaining the reasons for belated filing of the appeal, the Ld. AR drew our attention to the affidavit filed

SHAIK SAIDA,NUZVID vs. INCOME TAX OFFICER, WARD-3(1), VIJAYAWADA

In the result, appeal of the assessee is allowed for statistical purposes as indicated herein above

Bench: the Tribunal and the assessee has filed an affidavit explaining the reasons, similar to the three appeals, which are extracted herein below:

condone the delay of 116 days in filing the appeal and proceed to adjudicate the appeals on merits. 4. Brief facts of the case are that the assessee is an individual. As per the information available with the Department, the Ld. AO noticed that the assessee has deposited cash

SHAIK SAIDA,NUZVID vs. INCOME TAX OFFICER, WARD-3(1), VIJAYAWADA

In the result, appeal of the assessee is allowed for statistical purposes as indicated herein above

Bench: the Tribunal and the assessee has filed an affidavit explaining the reasons, similar to the three appeals, which are extracted herein below:

condone the delay of 116 days in filing the appeal and proceed to adjudicate the appeals on merits. 4. Brief facts of the case are that the assessee is an individual. As per the information available with the Department, the Ld. AO noticed that the assessee has deposited cash