DCIT, CIRCLE - 3(1), , VISAKHAPATNAM vs. NORD ANGLIA EDUCATION INFRASTRUCTURE PRIVATE LIMITED, VISAKHAPATNAM

property\", had relied on a host of judicial pronouncements of\nthe Hon'ble Supreme Court, viz. (i). East India Housing and\nDevelopment Trust Ltd. Vs. CIT (1961) 42 ITR 49 (SC); (ii). Chennai\nProperties & Investments Ltd. Vs. CIT (2015) 373 ITR 673 (SC); (iii).\nCIT, Bombay City 1 Vs. National Storage Private Limited (1967) 66 ITR\n596

GOWTHAM RESIDENTIAL JUNIOR COLLEGE,VIJAYAWADA vs. ACIT, CENTRAL CIRCLE, VIJAYAWADA

In the result, appeals of the assessee are allowed

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.Nos.25 & 26/Viz/2022 (निर्धारण वर्ा/ Assessment Years: 2017-18 & 2013-14) Gowtham Residential Junior College V. Asst. Cit-Central Circle Vijayawada 1-87, Gudavalli Village Gudavalli, Vijayawada – 521104 Andhra Pradesh [Pan: Aaefg4399L] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

section 28(i),of the Income – tax Act, 1961- Income from house property- chargeable as (Business income v. Property Income) – Assessment years 2004-05, 2005-06, 2007-08 and 2008-09 – High Court by impugned order held that where assessee was not engaged in any business activity, rental income earned from letting out commercial complex would be assessed as income

GOWTHAM RESIDENTIAL JUNIOR COLLEGE,VIJAYAWADA vs. ACIT, CENTRAL CIRCLE, VIJAYAWADA

In the result, appeals of the assessee are allowed

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.Nos.25 & 26/Viz/2022 (निर्धारण वर्ा/ Assessment Years: 2017-18 & 2013-14) Gowtham Residential Junior College V. Asst. Cit-Central Circle Vijayawada 1-87, Gudavalli Village Gudavalli, Vijayawada – 521104 Andhra Pradesh [Pan: Aaefg4399L] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

section 28(i),of the Income – tax Act, 1961- Income from house property- chargeable as (Business income v. Property Income) – Assessment years 2004-05, 2005-06, 2007-08 and 2008-09 – High Court by impugned order held that where assessee was not engaged in any business activity, rental income earned from letting out commercial complex would be assessed as income

THE DEPUTY COMMISSIONER OF INCOME TAX OFFICER (INTERNATIONAL TAXATION), VISAKHAPATNAM vs. BABU RAJENDRA PRASAD VADLAMUDI, GUNTUR

In the result, appeal of the Revenue is allowed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.154/Viz/2019 ("नधा"रणवष"/ Assessment Year : 2011-12) The Deputy Commissioner Of Vs. Sri Babu Rajendra Prasad Income Tax (International Vadlamudi, Taxation), Visakhapatnam. Guntur. (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ"क"ओरसे/ Assessee By : Sri A. Chaitanya, Ar ""याथ"क"ओरसे/ Revenue By : Sri On Hari Prasada Rao, Sr. Ar सुनवाईक"तार"ख/ Date Of Hearing : 30/03/2023 घोषणाक"तार"ख/Date Of : 23/05/2023 Pronouncement O R D E R

49,63,891 Aggrieved by the order of the Ld. AO, the assessee filed an appeal before the Ld. CIT(A). 3. Before the Ld. CIT(A), the assessee made written submissions on 13/12/2018 & 14/12/2018. Considering the assessee’s written submissions, the Ld. CIT(A) allowed the appeal of the assessee. Aggrieved by the order

AS RAJA SONS ENTERPRISES PVT LTD,VISAKHAPATNAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), VISAKHAPATNAM

In the result, appeal of the assessee is allowed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.379/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2018-19) A.S. Raja Sons Enterprises (P.) Ltd., V. Asst. Cit – Circle – 1(1) Income Tax Office D.No. 10-5-11/5 Pratyakshakar Bhavan Care Hospital, Waltair Main Road Mvp Double Road Visakhapatnam – 530002 Visakhapatnam - 530017 Andhra Pradesh Andhra Pradesh [Pan: Aabca4796M] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

49,43,660/- as income from house property. On this issue, Ld. Authorised Representative [hereinafter “Ld.AR”] submitted that assessee has let out the property to hospital i.e. M/s.Visakha Hospitals & Diagnostics Limited, wherein the major portion of the building aggregating to 80000 Sq. Ft has been let out. Further, he submitted that the nominal portion of 2000 Sq. Ft each

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

THE ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION),, VISAKHAPATNAM vs. NALLAMILLI SRIDEVI,, TIRUPATI

In the result, Cross Objection raised by the assessee is dismissed

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

properties purchased, investments, loans and advances during the FY 2013-14 and also asked to furnish the sources towards cash deposits in bank accounts. In response the Assessee’s Representative furnished the copies of the housing loan maintained at Andhra Bank, Tirupati. The Ld. AR submitted that the loans were claimed as expenditure as the loan is utilized for personal

THE ASSISTANT COMMISSIONER OF INCOME TAX(INTERNATIONAL TAXATION),, VISAKHAPATNAM vs. VITTALAM NATARAJ PRASAD, TIRUPATI

In the result, Cross Objection raised by the assessee is dismissed

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

properties purchased, investments, loans and advances during the FY 2013-14 and also asked to furnish the sources towards cash deposits in bank accounts. In response the Assessee’s Representative furnished the copies of the housing loan maintained at Andhra Bank, Tirupati. The Ld. AR submitted that the loans were claimed as expenditure as the loan is utilized for personal

THE ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION),, VISAKHAPATNAM vs. VITTALAM NATARAJ PRASAD, TIRUPATI

In the result, Cross Objection raised by the assessee is dismissed

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

properties purchased, investments, loans and advances during the FY 2013-14 and also asked to furnish the sources towards cash deposits in bank accounts. In response the Assessee’s Representative furnished the copies of the housing loan maintained at Andhra Bank, Tirupati. The Ld. AR submitted that the loans were claimed as expenditure as the loan is utilized for personal

THE ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION),, VISAKHAPATNAM vs. NALLAMILLI SRIDEVI,, TIRUPATI

In the result, Cross Objection raised by the assessee is dismissed

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

properties purchased, investments, loans and advances during the FY 2013-14 and also asked to furnish the sources towards cash deposits in bank accounts. In response the Assessee’s Representative furnished the copies of the housing loan maintained at Andhra Bank, Tirupati. The Ld. AR submitted that the loans were claimed as expenditure as the loan is utilized for personal

SATHI TRINATHA REDDY,EAST GODAVARI DIST vs. PRINCIPAL COMMISSIONER OF INCOME TAX(CENTRAL), VISAKHAPATNAM

In the result, appeal of the assessee is allowed

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

property on 11/12/2012. The Ld. Pr. CIT found that the assessee has failed to comply with the provisions of section 54F(4) of the Act and therefore set-aside the assessment order and directed the Ld. AO to re-do the assessment after examining the claim made by the assessee by 4 providing proper opportunity to the assessee of being

VIJAY PEMMARAJU,VISAKHAPATNAM vs. INCOMR TAX OFFICER, WARD-2(5), VISAKHAPATNAM

In the result, appeal of the assessee is allowed

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.126/Viz/2023 (ननधधारण वर्ा / Assessment Year : 2019-20) Vijay Pemmaraju Vs. Income Tax Officer D.No.49-51-1A, Plot No.20 Ward-2(5) Flat No.303, Sankalp Paradise Visakhapatnam Santhipuram Visakhapatnam [Pan : Aempp5571M] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

house property and other sources, filed the return of income for the A.Y.2019-20, declaring an income of Rs.7,47,129/- after claiming a sum of Rs.9,22,260/- as exempt from income tax u/s 10(10AA) of the Act. The assessee has joined as a Technician in the Department of Telecom in the year 1981 under the Central Government

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, , ELURU vs. THE ANDHRA SUGARS LIMITED, TANUKU

In the result, appeal of the Revenue is dismissed

Bench: Shri Vijay Pal Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No. 380/Viz/2019 (धनिाारणिर्ा/ Assessment Year: 2012-13) Assistant Commissioner Of Vs. M/S. Andhra Sugars Ltd., Income Tax, Circle-1, Tanuku. Eluru. Pan: Aaact6357Q (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) सी.ओ सं. / C.O. No. 140/Viz/2019 [आयक अपील सं. से उत्पन्न / Arising Out Of I.T.A. No. 380/Viz/2019(A.Y. 2012-13)] M/S. Andhra Sugars Ltd., Vs. Assistant Commissioner Of Tanuku. Income Tax, Circle-1, Pan: Aaact6357Q Eluru. अपीलार्थीकीओरसे/ Assessee By : Shri C. Subrahmanyam, Ca प्रत्यार्थीकीओरसे/ Revenue By : Dr.Satyasai Rath, Cit-Dr

49,48,180/- after claiming deduction U/s. 80IA of Rs. 3,62,29,004/-. The case was selected for scrutiny under CASS to verify large deduction claimed under Chapter VIA, additional depreciation claimed and larger interest expenses relating to exempted investments U/s. 14A of the Act. Thereafter, notice U/s. 143(2) of the Act was issued on 06/08/2013 and served

DEPUTY COMMISSIONER OF INCOME TAX, GUNTUR vs. VENKATRAMA POULTRIES PVT. LTD, GUNTUR

House\nMain Road, Lakshmipuram\nGuntur - 522007\nAndhra Pradesh\n[PAN:AAACV7767L]\n(अपीलार्थी/ Appellant)\nDCIT - CENTRAL CIRCLE – 1\nIncome Tax Office\nCentral Revenue Buildings\nNear Collector Office\nMahathma Gandhi Road\nVijayawada - 522002\nAndhra Pradesh\n(प्रत्यर्थी/ Respondent)\nकरदाता का प्रतिनिधित्व/ Assessee Represented by\n: Shri GVN Hari, Advocate\nराजस्व का प्रतिनिधित्व/ Department Represented by\n: Shri Badicala Yadagiri

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUNTUR vs. VENKATRAMA POULTRIES PVT. LTD., GUNTUR

House\nMain Road, Lakshmipuram\nGuntur - 522007\nAndhra Pradesh\n[PAN:AAACV7767L]\n(अपीलार्थी/ Appellant)\nDCIT - CENTRAL CIRCLE – 1\nIncome Tax Office\nCentral Revenue Buildings\nNear Collector Office\nMahathma Gandhi Road\nVijayawada - 522002\nAndhra Pradesh\n(प्रत्यर्थी/ Respondent)\nकरदाता का प्रतिनिधित्व/ Assessee Represented by\nराजस्व का प्रतिनिधित्व/ Department Represented by\nसुनवाई समाप्त होने की तिथि/ Date of Conclusion of Hearing\nघोषणा

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUNTUR vs. VENKATRAMA POULTRIES PVT LTD, GUNTUR

House Income Tax Office\nMain Road, Lakshmipuram Central Revenue Buildings\nGuntur - 522007 Near Collector Office\nAndhra Pradesh Mahathma Gandhi Road\n[PAN:AAACV7767L] Vijayawada - 522002\nAndhra Pradesh\n(अपीलार्थी/ Appellant)\n(प्रत्यर्थी/ Respondent)\nकरदाता का प्रतिनिधित्व/ Assessee Represented by : Shri GVN Hari, Advocate\nराजस्व का प्रतिनिधित्व/ Department Represented by : Shri Badicala Yadagiri, CIT(DR)\nसुनवाई समाप्त होने की तिथि/ Date

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUNTUR vs. VENKATRAMA POULTRIES PVT. LTD., GUNTUR

House\nMain Road, Lakshmipuram\nGuntur - 522007\nAndhra Pradesh\n[PAN:AAACV7767L]\n(अपीलार्थी/ Appellant)\nDCIT - CENTRAL CIRCLE – 1\nIncome Tax Office\nCentral Revenue Buildings\nNear Collector Office\nMahathma Gandhi Road\nVijayawada - 522002\nAndhra Pradesh\n(प्रत्यर्थी/ Respondent)\nकरदाता का प्रतिनिधित्व/ Assessee Represented by\n: Shri GVN Hari, Advocate\nराजस्व का प्रतिनिधित्व/ Department Represented by\n: Shri Badicala Yadagiri

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,, VISAKHAPATNAM vs. Y.JOJI REDDY, HYDERABAD

In the result, cross objections raised by the assessee are dismissed

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

House, upto finishing level. However, in Schedule – I/A appended to the Page No. 8 I.T.A. Nos. 325, 326, 327 & 328/VIZ/2018 C.O. Nos. 59, 60 & 61/VIZ/2019 Joji Reddy Yeruva &Y. Lourdu Reddy Sale Deed Cum GPA dated 08.08.2006 it is mentioned as “Under Construction” for determination of Age of building. Further, assessee has not produced any documentary evidences for the cost