THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1),, GUNTUR vs. ANDHRA TRADE DEVELOPMENT CORPORATION PRIVATE LIMITED, GUNTUR

In the result, appeal filed by the Revenue and the cross objection filed by the assessee are dismissed

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

depreciation and unabsorbed business loss against the short-term capital gain. 7. The learned CIT(A) vide para 7 of his order has raised a doubt regarding assessment of lease rentals under the head business. Inviting our attention to the above said observation of learned CIT(A), learned Authorised Representative submitted that the question of application of section

THE VISAKHAPATNAM CO-OPERATIVE BANK LIMITED,,VISAKHAPATNAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -1(1), VISAKHAPATNAM

In the result, appeals filed by the assessee and Revenue are dismissed

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

loss is not otherwise eligible to be carried forward under the provisions of section 72. Therefore, once this condition is not fulfilled, the acquirer bank is not eligible to carry forward the said losses/unabsorbed depreciation

THE VISAKHAPATNAM CO-OPERATIVE BANK LIMITED, ,VISAKHAPATNAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -1(1), VISAKHAPATNAM

In the result, appeals filed by the assessee and Revenue are dismissed

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

loss is not otherwise eligible to be carried forward under the provisions of section 72. Therefore, once this condition is not fulfilled, the acquirer bank is not eligible to carry forward the said losses/unabsorbed depreciation

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1(1), , VISAKHAPATNAM vs. VISAKHAPATNAM CO-OPERATIVE BANK LIMITED, VISAKHAPATNAM

In the result, appeals filed by the assessee and Revenue are dismissed

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

loss is not otherwise eligible to be carried forward under the provisions of section 72. Therefore, once this condition is not fulfilled, the acquirer bank is not eligible to carry forward the said losses/unabsorbed depreciation

THE ACIT, CIRCLE - 1,, RAJAHMUNDRY vs. THE ANDHRA PRADESH PAPER MILLS LTD.,, HYDERABAD

In the result, appeals filed by the Revenue are partly allowed and the cross objections filed by the assessee are partly allowed

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

forward losses after giving effect to the orders of ld. CIT(A) or ITAT. Similar ground is involved in A.Y. 2009-10 also. The ground raised by the assessee is genuine, therefore we direct the Assessing Officer to determine the correct amount of depreciation loss and allow the same to be carried

THE ACIT, CIRCLE - 1,, RAJAHMUNDRY vs. THE ANDHRA PRADESH PAPER MILLS LTD.,, HYDERABAD

In the result, appeals filed by the Revenue are partly allowed and the cross objections filed by the assessee are partly allowed

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

forward losses after giving effect to the orders of ld. CIT(A) or ITAT. Similar ground is involved in A.Y. 2009-10 also. The ground raised by the assessee is genuine, therefore we direct the Assessing Officer to determine the correct amount of depreciation loss and allow the same to be carried

THE ACIT, CIRCLE - 1,, RAJAHMUNDRY vs. THE ANDHRA PRADESH PAPER MILLS LTD.,, HYDERABAD

In the result, appeals filed by the Revenue are partly allowed and the cross objections filed by the assessee are partly allowed

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

forward losses after giving effect to the orders of ld. CIT(A) or ITAT. Similar ground is involved in A.Y. 2009-10 also. The ground raised by the assessee is genuine, therefore we direct the Assessing Officer to determine the correct amount of depreciation loss and allow the same to be carried

THE KANAKAMAHALAKSHMI CO-OPERATIVE BANK LIMITED,,VISAKHAPATNAM vs. THE ACIT,, VISAKHAPATNAM

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

carry forward and set off of the accumulated loss and unabsorbed depreciation in case of business reorganization of cooperative banks

THE KANAKAMAHALAKSHMI CO-OPERATIVE BANK LIMITED,,VISAKHAPATNAM vs. THE ACIT,, VISAKHAPATNAM

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

carry forward and set off of the accumulated loss and unabsorbed depreciation in case of business reorganization of cooperative banks

VISWAMANAVA SAMAIKYATA SAMSAT,GUNTUR vs. INCOME TAX OFFICER(EXEMPTIONS), GUNTUR

In the result, appeal of the assessee is allowed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No. 278/Viz/2023 (निर्धारणवर्ा/ Assessment Year :2014-15) M/S. Viswamanava Samikyata Vs. Income Tax Officer Samsat, Guntur. (Exemptions), Pan: Aaatv 1597 P Guntur. (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थीकीओरसे/ Assessee By : Sri Gvn Hari, Advocate प्रत्यधर्थीकीओरसे/ Revenue By : Dr. Satyasai Rath, Cit-Dr सुिवधईकीतधरीख/ Date Of Hearing : 02/04/2024 घोर्णधकीतधरीख/Date Of : 28/05/2024 Pronouncement O R D E R

depreciation of earlier years of Rs. 4,51,52,791/. 7 9. We find no infirmity in the order of the Ld. CIT(A) and hence no interference is required on this ground. Thus, this ground raised by the Revenue is dismissed. 10. Similarly, the allowance of excess of expenditure over income in earlier years as carry forward loss

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, , ELURU vs. SIRIUS OVERSEAS PRIVATE LIMITED, TANUKU

In the result, cross objections of the assessee for the A

Bench: Shri N.K.Choudhry, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bleआयकरअपीलसं./I.T.A.No.521 /Viz/2019 To 523/Viz/2019 (निर्धारण वर्ा/Assessment Year:2009-10, 2012-13 & 2013-14) Asst.Commissioner Of Income Tax Vs. M/S Sirius Overseas Private Circle-1 Limited Eluru D.No.2-152, Rice Mill Street Velpur, Tanuku Mandal West Godavari District [Pan : Aafcs5054C] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Cross Objection No.142/Viz/2019 To 144/Viz/2019 (Arising Out Of I.T.A. No.521/Viz/2019 To 523/Viz/2019) M/S Sirius Overseas Private Limited Vs. Asst.Commissioner Of D.No.2-152, Rice Mill Street Income Tax Velpur, Tanuku Mandal Circle-1, Eluru West Godavari District [Pan : Aafcs5054C] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri D.K.Sonowal, Cit(Dr) प्रत्यधथी की ओर से / Respondent By : Shri G.V.N.Hari, Ar सुिवधई की तधरीख / Date Of Hearing : 15.09.2021 घोर्णध कीतधरीख/Dt. Of Pronouncement : 24 .09.2021

carrying on business operations therefore it is capital receipt but not revenue receipt. The Ld.AR argued that it is settled issue that waiver of principal amount is capital receipt, neither can be taxed u/s 28(iv) nor u/s 41(1) of the Act. In the instant case, the AO made the addition without invoking any of the sections

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, , ELURU vs. SIRIUS OVERSEAS PRIVATE LIMITED, TANUKU

In the result, cross objections of the assessee for the A

Bench: Shri N.K.Choudhry, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bleआयकरअपीलसं./I.T.A.No.521 /Viz/2019 To 523/Viz/2019 (निर्धारण वर्ा/Assessment Year:2009-10, 2012-13 & 2013-14) Asst.Commissioner Of Income Tax Vs. M/S Sirius Overseas Private Circle-1 Limited Eluru D.No.2-152, Rice Mill Street Velpur, Tanuku Mandal West Godavari District [Pan : Aafcs5054C] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Cross Objection No.142/Viz/2019 To 144/Viz/2019 (Arising Out Of I.T.A. No.521/Viz/2019 To 523/Viz/2019) M/S Sirius Overseas Private Limited Vs. Asst.Commissioner Of D.No.2-152, Rice Mill Street Income Tax Velpur, Tanuku Mandal Circle-1, Eluru West Godavari District [Pan : Aafcs5054C] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri D.K.Sonowal, Cit(Dr) प्रत्यधथी की ओर से / Respondent By : Shri G.V.N.Hari, Ar सुिवधई की तधरीख / Date Of Hearing : 15.09.2021 घोर्णध कीतधरीख/Dt. Of Pronouncement : 24 .09.2021

carrying on business operations therefore it is capital receipt but not revenue receipt. The Ld.AR argued that it is settled issue that waiver of principal amount is capital receipt, neither can be taxed u/s 28(iv) nor u/s 41(1) of the Act. In the instant case, the AO made the addition without invoking any of the sections

M/S. ANDHRA TRADE DEVELOPMENT - CORPORATION, PVT.LTD.,GUNTUR vs. THE ACIT,, GUNTUR

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.233/Viz/2017 (धििाारण िर्ा/ Assessment Year: 2013-2014) M/S Andhra Trade Development The Assistant Commissioner Corporation Pvt. Ltd., Of Income-Tax, Circle-1(1) Guntur Guntur [Pan : Aabca8777C] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलार्थी की ओर से/ Appellant By : Shri G.V.N.Hari, Ar प्रत्यार्थी की ओर से/ Respondent By : Shri D.K.Sonowal, Cit Dr

carry forward loss, even after assessment the capital gains assessed by the AO resulted in Nil income. Therefore, argued that the case law relied upon by the AO is not applicable in the assessee’s case. 8. We have heard both the parties and perused the material placed on record. In this case, the company is a loss making company

RANAR AGROCHEM LIMITED,PARAWADA vs. DEPUTY COMMISSIONER OF INCOME TAX, VISAKHAPATNAM

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.288/Viz/2024 (िनधा"रण वष"/Assessment Year:2014-15) Ranar Agrochem Limited, Vs. Deputy Commissioner Visakhapatnam. Of Income Tax, Visakhapatnam. Pan: Aaccp0372M (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri M. Madhusudan, Ca (Hybrid) राज" व "ारा/Revenue By: Sri Jenardhanan V, Cit-Dr सुनवाई की तारीख/Date Of Hearing: 14/10/2025 घोषणा की तारीख/Date Of 31/10/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Company Is Directed Against The Order Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Center (Nfac), Delhi, Dated 15/05/2024, 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 30/12/2016 For A.Y.

depreciation loss allowed to be carried forward against the income assessed to tax This additional ground raised by the appellant

M/S. VISAKHAPATNAM URBAN DEVELOPMENT AUTHORITY(VUDA),,VISAKHAPATNAM vs. THE CIT, (EXEMPTIONS),, HYDERABAD

In the result, appeals filed by the assessee in ITA Nos

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

carry forward losses, which is incorrect in the case of trusts whose income is assessed as per secs. 11 to 13 of the Act. For the same reason the ld.CIT(E) has taken up the case for revision u/sec. 263. On appeal the ITAT directed the AO to redo the assessment after examining the set-off of losses claimed

VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY VMRDA,VISAKHAPATNAM vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-1, VISAKHAPATNAM

In the result, appeals filed by the assessee in ITA Nos

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

carry forward losses, which is incorrect in the case of trusts whose income is assessed as per secs. 11 to 13 of the Act. For the same reason the ld.CIT(E) has taken up the case for revision u/sec. 263. On appeal the ITAT directed the AO to redo the assessment after examining the set-off of losses claimed

M/S. VISAKHAPATNAM URBAN DEVELOPMENT AUTHORITY(VUDA),,VISAKHAPATNAM vs. THE CIT, (EXEMPTIONS),, HYDERABAD

In the result, appeals filed by the assessee in ITA Nos

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

carry forward losses, which is incorrect in the case of trusts whose income is assessed as per secs. 11 to 13 of the Act. For the same reason the ld.CIT(E) has taken up the case for revision u/sec. 263. On appeal the ITAT directed the AO to redo the assessment after examining the set-off of losses claimed

VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY VMRDA,VISAKHAPATNAM vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-1, VISAKHAPATNAM

In the result, appeals filed by the assessee in ITA Nos

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

carry forward losses, which is incorrect in the case of trusts whose income is assessed as per secs. 11 to 13 of the Act. For the same reason the ld.CIT(E) has taken up the case for revision u/sec. 263. On appeal the ITAT directed the AO to redo the assessment after examining the set-off of losses claimed