KOTU ANASUYA (LATE),VISAKHAPATNAM vs. DCIT, VISAKHAPATNAM

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

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

disallowance to be triggered. 19. In the considered view of the Court, this will be a truncated reading of Section 14 A and Rule 8D particularly when Rule 8D (1) uses the expression 'such previous year'. C.O.No. 19/VIZ/2018 (KotuSarat Kumar &Ano.) Further, it does not account for the concept of 'real income'. It does not note that under Section

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1), GUNTUR vs. NSL TEXTILES LIMITED, HYDERABAD

In the result, appeal filed by the Revenue as well as cross objection filed by the assessee is dismissed

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bleacit, Circle-2(1), Vs. M/S. Nsl Textiles Ltd., Nsl Icon, 4Th Floor, D.No. Guntur. 8-2-684/2/A, Banjara Hills, Road No. 12, Hyderabad. Pan No. Aabcj 1299 A (Appellant) (Respondent)

disallowance to be triggered. 19. In the considered view of the Court, this will be a truncated reading of Section 14 A and Rule 8D particularly when Rule 8D (1) uses the expression 'such previous year'. Further, it does not account for the concept of 'real income'. It does not note that under Section 5 of the Act,- the question

RAMYA CONSTRUCTIONS LIMITED,,VIJAYAWADA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1),, VIJAYAWADA

In the result, appeal filed by the assessee is allowed for statistical purposes

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Blem/S. Ramya Constructions, Vs. Dcit, Circle-2(1), C/O T. Chaitanyakumar, Adv., Vijayawada. Flat No. 102, Gouri Apartment, Urdu Lane, Himayath Nagar, Hyderabad. Pan No. Aadcr 1165 K (Appellant) (Respondent)

disallowance to be triggered. 19. In the considered view of the Court, this will be a truncated reading of Section 14 A and Rule 8D particularly when Rule 8D (1) uses the expression 'such previous year'. Further, it does not account for the concept of 'real income'. It does not note that under Section 5 of the Act,- the question

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1),, VISAKHAPATNAM vs. SARITA SYNTHETICS & INDUSTRIES LIMITED, , SRIKAKULAM

In the result, appeal of the revenue is dismissed

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.488 & 489/Viz/2018 (ननधधारण वर्ा/ Assessment Years: 2012-13 & 2013-2014 Respectively) Dy.Commissioner Of Income Tax, Vs. M/S Sarita Synthetics & Circle-4(1) Industries Ltd. Visakhapatnam D.No.11-8-120 Anthakapalli Village Srikakulam [Pan :Aadcs4025R] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Smt. Suman Malik, Dr प्रत्यधथी की ओर से/ Respondent By : None

disallowance to be triggered. 19. In the considered view of the Court, this will be a truncated 7 I.T.A. Nos.488 & 489/Viz/2018 M/s Sarita Synthetics & Industries Ltd., Srikakulam reading of Section 14 A and Rule 8D particularly when Rule 8D (1) uses the expression 'such previous year'. Further, it does not account for the concept of 'real income'. It does

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1),, VISAKHAPATNAM vs. SARITA SYNTHETICS & INDUSTRIES LIMITED,, RAJAM

In the result, appeal of the revenue is dismissed

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.488 & 489/Viz/2018 (ननधधारण वर्ा/ Assessment Years: 2012-13 & 2013-2014 Respectively) Dy.Commissioner Of Income Tax, Vs. M/S Sarita Synthetics & Circle-4(1) Industries Ltd. Visakhapatnam D.No.11-8-120 Anthakapalli Village Srikakulam [Pan :Aadcs4025R] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Smt. Suman Malik, Dr प्रत्यधथी की ओर से/ Respondent By : None

disallowance to be triggered. 19. In the considered view of the Court, this will be a truncated 7 I.T.A. Nos.488 & 489/Viz/2018 M/s Sarita Synthetics & Industries Ltd., Srikakulam reading of Section 14 A and Rule 8D particularly when Rule 8D (1) uses the expression 'such previous year'. Further, it does not account for the concept of 'real income'. It does

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1), , GUNTUR vs. NSL TEXTILES LIMITED,, GUNTUR

In the result, appeals filed by the Revenue are allowed for statistical purposes and the cross objections filed by the assessee are dismissed

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

115,41,39,731/-. Subsequently, case of the assessee was selected for scrutiny and after following due process, assessment was completed under section 143(3) of the Act, dated 23/03/2015. In the assessment order, the Assessing 3 ITA Nos.541-543/VIZ/2018 C.O.No. 11-13/VIZ/2019 (M/s. NSL Textiles Ltd.) Officer on going through the profit & loss account, it is noticed that

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1), , GUNTUR vs. NSL TEXTILES LIMITED, GUNTUR

In the result, appeals filed by the Revenue are allowed for statistical purposes and the cross objections filed by the assessee are dismissed

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

115,41,39,731/-. Subsequently, case of the assessee was selected for scrutiny and after following due process, assessment was completed under section 143(3) of the Act, dated 23/03/2015. In the assessment order, the Assessing 3 ITA Nos.541-543/VIZ/2018 C.O.No. 11-13/VIZ/2019 (M/s. NSL Textiles Ltd.) Officer on going through the profit & loss account, it is noticed that

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.

disallowed Rs. 40,000/-u/s. 40(a)(ia) of the Act by stating that the provision which is debited to P&L a/c was not an allowance expenditure for the year consideration. Submission of the appellant was perused which is devoid of any merits. There is no reason to interfere with the findings of the A.O. Ground of appeal

DEVI SEA FOODS LIMITED,VISAKHAPATNAM vs. DEPUTY COMMISSIONER OF INCOME TAX , CIRCLE -3(1), VISAKHAPATNAM

In the result, appeal of the assessee is allowed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.156/Viz/2022 (निर्धारण वर्ा / Assessment Year : 2018-19) M/S Devi Sea Foods Limited Vs. Deputy Commissioner Of 50-1-51/1, A.S.R.Nagar Income Tax Seethammadhara Circle-3(I) Visakhapatnam Visakhapatnam [Pan : Aabcd0248B] अपीलधथी की ओर से/ Appellant By : Shri D.Anand, Ar प्रत्यधथी की ओर से / Respondent By : Shri M.N.Murthy Naik, Cit(Dr) सुिवधई की तधरीख / Date Of Hearing : 01.12.2022 घोर्णध की तधरीख/Date Of Pronouncement : 16.12.2022 O R D E R Per Shri S.Balakrishnan:

disallowance as per Rule 8D of I.T.Rules, 1962. Aggrieved by the order passed by the AO based on the directions of the Ld.DRP, the assessee is in appeal before us and raised the following grounds : 1. The Final Assessment order incorporating Transfer Pricing adjustment passed by the learned Assessing Officer 4 ITA No.156/Viz/2022, A.Y.2018-19 Devi Sea Foods Limited, Visakhapatnam

ANDHRA PRADESH POWER GENERATION CORPORATION LIMITED,VIJAYAWADA vs. DEPUTY COMMISSIONER OF INCOME TAX,CIRCLE1(1), VIJAYAWADA

In the result, appeal filed by the assessee is allowed for statistical purposes

Bench: SHRI RAVISH SOOD, HON’BLE (Judicial Member)

section shall be allowed for any assessment year commencing on or after the 1st day of April 2018, ie., for AY 2018-19 and onwards. In the present case, the appellant has claimed CSR expenses under the aforementioned Rule, which is not applicable for AY 2020-21. So in view of the aforesaid facts I am not in a position

ANDHRA PRADESH POWER GENERATION CORPORATION LIMITED,VIJAYAWADA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), VIJAYAWADA

In the result, appeal filed by the assessee is allowed for statistical purposes

Bench: SHRI RAVISH SOOD, HON’BLE (Judicial Member), SHRI S BALAKRISHNAN HON’BLE (Accountant Member)

section shall be allowed for any assessment year commencing on or after the 1st day of April 2018, ie., for AY 2018-19 and onwards. In the present case, the appellant has claimed CSR expenses under the aforementioned Rule, which is not applicable for AY 2020-21. So in view of the aforesaid facts I am not in a position

ANDHRA PRADESH POWER GENERATION CORPORATION LIMITED,VIJAYAWADA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), VIJAYAWADA

In the result, appeal filed by the assessee is allowed for statistical purposes

Bench: SHRI RAVISH SOOD, HON’BLE (Judicial Member), SHRI S BALAKRISHNAN HON’BLE (Accountant Member)

section shall be allowed for any assessment year commencing on or after the 1st day of April 2018, ie., for AY 2018-19 and onwards. In the present case, the appellant has claimed CSR expenses under the aforementioned Rule, which is not applicable for AY 2020-21. So in view of the aforesaid facts I am not in a position

ANDHRA PRADESH POWER GENERATION CORPORATION LIMITED,VIJAYAWADA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1), VIJAYAWADA

In the result, appeal filed by the assessee is allowed for statistical purposes

Bench: SHRI RAVISH SOOD, HON’BLE (Judicial Member), SHRI S BALAKRISHNAN HON’BLE (Accountant Member)

section shall be allowed for any assessment year commencing on or after the 1st day of April 2018, ie., for AY 2018-19 and onwards. In the present case, the appellant has claimed CSR expenses under the aforementioned Rule, which is not applicable for AY 2020-21. So in view of the aforesaid facts I am not in a position

ANDHRA PRADESH POWER GENERATION CORPORATION LIMITED,VIJAYAWADA vs. DEPUTY COMMISSIONER OF INCOME TAX,CIRCLE 1(1), VIJAYAWADA

In the result, appeal filed by the assessee is allowed for statistical purposes

Bench: SHRI RAVISH SOOD, HON’BLE (Judicial Member), SHRI S BALAKRISHNAN HON’BLE (Accountant Member)

section shall be allowed for any assessment year commencing on or after the 1st day of April 2018, ie., for AY 2018-19 and onwards. In the present case, the appellant has claimed CSR expenses under the aforementioned Rule, which is not applicable for AY 2020-21. So in view of the aforesaid facts I am not in a position

ANDHRA PRADESH POWER GENERATION CORPORATION LIMITED,VIJAYAWADA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), VIJAYAWADA

In the result, appeal filed by the assessee is allowed for statistical purposes

Bench: SHRI RAVISH SOOD, HON’BLE (Judicial Member), SHRI S BALAKRISHNAN HON’BLE (Accountant Member)

section shall be allowed for any assessment year commencing on or after the 1st day of April 2018, ie., for AY 2018-19 and onwards. In the present case, the appellant has claimed CSR expenses under the aforementioned Rule, which is not applicable for AY 2020-21. So in view of the aforesaid facts I am not in a position

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

115 JB, ‘Book profit’ means the net profit as shown in the Profit &Loss account for the relevant previous year prepared u/s 115JB, as increased by the amounts carried to any reserves by whatever name called, other than the reserve specified u/s 33AC of the act (i.e. Reserve for Shipping Business). In the instant case, the assessee has derived

THE CHODAVARAM CO-OPERATIVE SUGARS LIMITED,CHODAVARAM vs. THE DY.CIT/ACIT, CIRCLE-4(1), , VISAKHAPATNAM

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

115 taxman 340 (Gujarat)] and Hon'ble Kerala High Court [96 taxman 13 (Kerala)] which are in favour of the Revenue Department and CBDT Circular No. 22/2015, dated 17/12/2015 dismissed the appeal of the Assessee by affirming the disallowance u/sec. 43B of the Act. 5.1 The contention of the Assessee is that PF and ESI contribution of Employees, if paid

THE CHODAVARAM CO-OPERATIVE SUGARS LIMITED,CHODAVARAM vs. THE INCOME TAX OFFICER, WARD-5(2), VISAKHAPATNAM

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

115 taxman 340 (Gujarat)] and Hon'ble Kerala High Court [96 taxman 13 (Kerala)] which are in favour of the Revenue Department and CBDT Circular No. 22/2015, dated 17/12/2015 dismissed the appeal of the Assessee by affirming the disallowance u/sec. 43B of the Act. 5.1 The contention of the Assessee is that PF and ESI contribution of Employees, if paid