GATTULA LAKSHMI MADHAVI,VISAKHAPATNAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, VISAKHAPATNAM

In the result, the appeal filed by the assessee in ITA

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.385, 386 & 387/Viz/2025 ("नधा"रण वष"/Assessment Year: 2018-19) Gattula Lakshmi Madhavi, Vs. Assistant Commissioner Visakhapatnam. Of Income Tax, Pan: Agfpg8929H Central Circle-1, Visakhapatnam. (Appellant) (Respondent) "नधा"रती "वारा/Assessee By: Shri Gvn Hari, Advocate (Hybrid) राज" व "वारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई क" तार"ख/Date Of 15/10/2025 Hearing: घोषणा क" तार"ख/Date Of 10/12/2025 Pronouncement: आदेश / Order Per Ravish Sood, Jm: The Captioned Appeals Filed By The Assessee Are Against The Respective Orders Passed By The Commissioner Of Income Tax (Appeals), Visakhapatnam-3, Dated 21/03/2025, 24/03/2025 & 16/04/2025, Which In Turn Arises From The Respective Orders Passed By The Assessing Officer (For Short, “Ao”) Under Section 147 Of The Income Gattula Lakshmi Madhavi Vs. Acit Tax Act, 1961 (For Short, "The Act”), Dated 27/03/2023; Under Section 271Aac(1) Of The Act, Dated 21/08/2023; & Under Section 270A Of The Act, Dated 21/08/2023 For Assessment Year 2018-19. As The Facts Involved In The Captioned Appeals Are Inextricably Interwoven, Therefore, The Same Are Being Taken Up & Disposed Of Vide A Consolidated Order.

business income assessed at Rs.11,88,306/-; and (ii) penalty proceedings under section 271AAC of the Act in respect of addition towards unexplained investment made under section 69 of Rs.21,35,549/-. Gattula Lakshmi Madhavi vs. ACIT 11. Aggrieved, the assessee carried the matter in appeal before the CIT(A) but without success. 12. The assessee, being aggrieved with

GATTULA LAKSHMI MADHAVI,VISAKHAPATNAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, VISAKHAPATNAM

In the result, the appeal filed by the assessee in ITA

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.385, 386 & 387/Viz/2025 ("नधा"रण वष"/Assessment Year: 2018-19) Gattula Lakshmi Madhavi, Vs. Assistant Commissioner Visakhapatnam. Of Income Tax, Pan: Agfpg8929H Central Circle-1, Visakhapatnam. (Appellant) (Respondent) "नधा"रती "वारा/Assessee By: Shri Gvn Hari, Advocate (Hybrid) राज" व "वारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई क" तार"ख/Date Of 15/10/2025 Hearing: घोषणा क" तार"ख/Date Of 10/12/2025 Pronouncement: आदेश / Order Per Ravish Sood, Jm: The Captioned Appeals Filed By The Assessee Are Against The Respective Orders Passed By The Commissioner Of Income Tax (Appeals), Visakhapatnam-3, Dated 21/03/2025, 24/03/2025 & 16/04/2025, Which In Turn Arises From The Respective Orders Passed By The Assessing Officer (For Short, “Ao”) Under Section 147 Of The Income Gattula Lakshmi Madhavi Vs. Acit Tax Act, 1961 (For Short, "The Act”), Dated 27/03/2023; Under Section 271Aac(1) Of The Act, Dated 21/08/2023; & Under Section 270A Of The Act, Dated 21/08/2023 For Assessment Year 2018-19. As The Facts Involved In The Captioned Appeals Are Inextricably Interwoven, Therefore, The Same Are Being Taken Up & Disposed Of Vide A Consolidated Order.

business income assessed at Rs.11,88,306/-; and (ii) penalty proceedings under section 271AAC of the Act in respect of addition towards unexplained investment made under section 69 of Rs.21,35,549/-. Gattula Lakshmi Madhavi vs. ACIT 11. Aggrieved, the assessee carried the matter in appeal before the CIT(A) but without success. 12. The assessee, being aggrieved with

NO 368 KOLAKALURU PRIMARY AGRICULTURAL CO OPERATIVE CREDIT SOCIETY LIMITED,GUNTUR vs. INCOME TAX OFFICER, WARD-1, TENALI

In the result, the appeal filed by the assessee is allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.455/Viz/2025 (िनधा"रण वष"/Assessment Year: 2018-19) No. 368 Kolakaluru Vs. The Income Tax Officer, Primary Agricultural Co- Ward-1, Operative Credit Society Tenali. Limited, Tenali. Pan: Aaban6994Q (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Sri Gvn Hari, Advocate राज" व "ारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 06/10/2025 घोषणा की तारीख/Date Of 10/10/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm : The Present Appeal Filed By The Assessee-Society Is Directed Against The Order Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Center (Nfac), Delhi, Dated 25/06/2025, Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 147 R.W.S 144 R.W.S 144B Of The 2 No. 368 Kolakaluru Primary Agricultural Cooperative Credit Society Limited Vs. Ito

business or operational income of the assessee; and (ii) that as the assessee-society had failed to file the return of income U/s. 139(1) of the Act, therefore, as per the “sixth proviso” to sub-section (1) of section 139 of the Act which mandates the filing of the return of income before the “due date” read with clause

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RAJAHMUNDRY vs. L V BEACH CITY PROPERTY PROMOTERS, VIJAYAWADA

In the result, appeal of the revenue is dismissed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A. No. 254/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2018-19) Asst. Cit – Central Circle – 2 V. L.V. Beach City Property Promoters 40-25-19/A, Balaji Towers 5Th Floor, Shiva Towers Kogantivari Street, Patamatalanka Danavaipeta, Rajahmundry-533103 Vijayawada – 520010 Andhra Pradesh Andhra Pradesh [Pan: Aacfl5214D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) सी.ओ सं. / C.O. No. 3/Viz/2024 [आयकअपीलसं. से उत्पन्न / Arising Out Of I.T.A. No.254/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2018-19)] L.V. Beach City Property Promoters V. Asst. Cit – Central Circle – 2 40-25-19/A, Balaji Towers 5Th Floor, Shiva Towers Kogantivari Street, Patamatalanka Danavaipeta, Rajahmundry-533103 Vijayawada – 520010 Andhra Pradesh Andhra Pradesh [Pan: Aacfl5214D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) करदाता का प्रतततितित्व / Assessee Represented By : Shri M.V. Prasad, Ar राजस्व का प्रतततितित्व / Department Represented By : Dr. Satyasai Rath, Cit(Dr)

business premises located at Chennai and Page No. 4 I.T.A. No. 254/VIZ/2024 & C.O. No. 3/VIZ/2024 L.V. Beach City Property Promoters however the Assessing Officer has not made any addition basing on such material found and impounded during the survey operations. Ld.AR relied on various judicial pronouncement wherein it has been held that the incriminating material, if any, found during

SATYA VENKATA KRISHNA RAVI PRASAD KODURI,EAST GODHAVARI vs. ACIT, CIRCLE - 1, RAJAHMUNDRY

reassessed or recomputed in a\npreceding order”\n10.\nShe also reiterated in her written submissions the various scenario under\nwhich the penalty under section 270A leviable, which is reproduced below: -\na.\nScenarios\nwhen the assessed income is\ngreater than the returned income;\n(refer 270A(2))\nb.\nwhere return was filed and\nassessed income is more than\nincome

VEERA VENKATA RAMAKRISHNA MOHANA RAO KODURI,RAJAHMUNDRY vs. ACIT, CIRCLE - 1, RAJAHMUNDRY

In the result, appeal filed by the assessee is allowed

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआईटीए. नं. / Ita Nos. 290 & 291/Viz/2025 निर्धारण वर्ा/ Assessment Years:2018-19 & 2019-20) Veera Venkata Ramakrishna V. Acit – Circle – 1 Mohana Rao Koduri Ayakkar Bhawan Flat No. 201, Sri Towers Nh-16 Veerabadhrapuram Venkateswara Nagar Rajahmundry – 533105 Syamalanagar Andhra Pradesh East Godavari District - 533103 Andhra Pradesh [Pan:Afrpk0888C] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आईटीए. नं. / Ita Nos. 293 & 294/Viz/2025 निर्धारणवर्ा/ Assessment Years:2018-19 & 2019-20) Satya Venkata Krishna Ravi V. Acit – Circle – 1 Prasad Koduri Ayakkar Bhawan 81-10-3/6, Venkateswaranagar Veerabadhrapuram Near Ima Halla, Danavaipeta Rajahmundry – 533105 East Godavari District Andhra Pradesh Andhra Pradesh [Pan:Afrpk0889D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Smt Hemalatha K, Ca राजस्व का प्रतततितित्व/ Department Represented By : Shri Badicala Yadagiri, Cit(Dr)

business, has not filed his return of income for the A.Y. 2018-19. A Search and Seizure operation under section 132 of the Act was conducted on 28.01.2021 in the group case of Sri Godavari Satya Venkata Phani Bhushan. The case was later centralized with the approval of the Principal Commissioner of Income Tax-1, Visakhapatnam. During the course

VEERA VENKATA RAMAKRISHNA MOHAN RAO KODURI,EAST GODHAVARI vs. ACIT, CIRLCE - 1, RAJAHMUNDRY

In the result, appeal filed by the assessee is allowed

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआईटीए. नं. / Ita Nos. 290 & 291/Viz/2025 निर्धारण वर्ा/ Assessment Years:2018-19 & 2019-20) Veera Venkata Ramakrishna V. Acit – Circle – 1 Mohana Rao Koduri Ayakkar Bhawan Flat No. 201, Sri Towers Nh-16 Veerabadhrapuram Venkateswara Nagar Rajahmundry – 533105 Syamalanagar Andhra Pradesh East Godavari District - 533103 Andhra Pradesh [Pan:Afrpk0888C] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आईटीए. नं. / Ita Nos. 293 & 294/Viz/2025 निर्धारणवर्ा/ Assessment Years:2018-19 & 2019-20) Satya Venkata Krishna Ravi V. Acit – Circle – 1 Prasad Koduri Ayakkar Bhawan 81-10-3/6, Venkateswaranagar Veerabadhrapuram Near Ima Halla, Danavaipeta Rajahmundry – 533105 East Godavari District Andhra Pradesh Andhra Pradesh [Pan:Afrpk0889D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Smt Hemalatha K, Ca राजस्व का प्रतततितित्व/ Department Represented By : Shri Badicala Yadagiri, Cit(Dr)

business, has not filed his return of income for the A.Y. 2018-19. A Search and Seizure operation under section 132 of the Act was conducted on 28.01.2021 in the group case of Sri Godavari Satya Venkata Phani Bhushan. The case was later centralized with the approval of the Principal Commissioner of Income Tax-1, Visakhapatnam. During the course

SATYA VENKATA KRISHNA RAVI PRASAD KODURI,RAJAHMUNDRY vs. ACIT, CIRCLE - 1, RAJAHMUNDRY

business, has not filed his return\nof income for the A.Y. 2018-19. A Search and Seizure operation under section\n132 of the Act was conducted on 28.01.2021 in the group case of Sri Godavari\nSatya Venkata Phani Bhushan. The case was later centralized with the approval\nof the Principal Commissioner of Income Tax-1, Visakhapatnam. During the\ncourse

UPPALAPADU PRIMARY AGRICULTURAL COOPERATIVE SOCIETY LIMITED,UPPALAPADU, GUNTUR vs. INCOME TAX OFFICER, WARD-2(1), GUNTUR

Bench: Shri Ravish Sood & Shri Balakrishnan Sआ.अपी.सं /Ita No.523/Viz/2025 (िनधा"रण वष"/Assessment Year:2018-19) Uppalapadu Primary Vs. Income Tax Officer, Agricultural Cooperative Ward-2(1), Society Limited, Guntur. Uppalapadu, Guntur. Pan: Aaaau4669G (Appellant) (Respondent) िनधा"रती Shri R. Siva Rama Krishna, "ारा/Assessee By: Ca राज" व "ारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 29/10/2025 घोषणा की तारीख/Date Of 31/10/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Society Is Directed Against The Assessment Order Dated 25.01.2024 Passed By The Assessing Officer (For Short, “Ao”) Under Section 147 Read With Sections 144 & 144B Of The Income-Tax Act, 1961 (For Short, “The Act”) Dated 25.01.2024 For The Assessment Year 2018-19. The 2 Uppalapadu Primary Agricultural Cooperative Society Limited Vs. Ito

reassessment proceedings are invalid and void ab initio.” 3 Uppalapadu Primary Agricultural Cooperative Society Limited vs. ITO 2. Succinctly stated, the assessee, a primary agricultural credit co-operative society registered under the Andhra Pradesh Co- operative Societies Act, 1964, had not filed its return of income for the AY 2018-19 within the time prescribed by section

INCOME TAX OFFICER, WARD- 1(1),, GUNTUR vs. POTTI KUMARA NAGA VENKATA SAI CHAKRAVARTHY, GUNTUR

In the result, appeals ITA

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

business loss of Rs.12,64,794/-]. 3. During the course of assessment proceedings, the Assessing Officer noted that, consequent to deposit of Rs.40 Crores in Specified Bank Notes (SBNs)/old demonetized notes during the demonetization period in December, 2016 in the bank account of M/s Jaya Balajee Real Media Private Limited (JBRMPL), a search and seizure action u/sec.132

INCOME TAX OFFICER, GUNTUR vs. MADHUSUSHANA VENKATA SUBBA RAO POTTI, GUNTUR

In the result, appeals ITA

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

business loss of Rs.12,64,794/-]. 3. During the course of assessment proceedings, the Assessing Officer noted that, consequent to deposit of Rs.40 Crores in Specified Bank Notes (SBNs)/old demonetized notes during the demonetization period in December, 2016 in the bank account of M/s Jaya Balajee Real Media Private Limited (JBRMPL), a search and seizure action u/sec.132

ASSISTANT COMMISSIONER OF INCOME TAX , GUNTUR vs. MS.VIJAYASAI LAKSHMI SRINIVASA COTTON MILLS, GUNTUR

In the result, appeals ITA

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

business loss of Rs.12,64,794/-]. 3. During the course of assessment proceedings, the Assessing Officer noted that, consequent to deposit of Rs.40 Crores in Specified Bank Notes (SBNs)/old demonetized notes during the demonetization period in December, 2016 in the bank account of M/s Jaya Balajee Real Media Private Limited (JBRMPL), a search and seizure action u/sec.132

INCOME TAX OFFICER, WARD-2(1), GUNTUR vs. SHIVANI COTTON INDUSTRIES PRIVATE LIMITED, GUNTUR

In the result, appeals ITA

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

business loss of Rs.12,64,794/-]. 3. During the course of assessment proceedings, the Assessing Officer noted that, consequent to deposit of Rs.40 Crores in Specified Bank Notes (SBNs)/old demonetized notes during the demonetization period in December, 2016 in the bank account of M/s Jaya Balajee Real Media Private Limited (JBRMPL), a search and seizure action u/sec.132

THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , VISKAHAPATNAM vs. SRI VIJAYA VISAKHA MILK PRODUCERS COMPANY LIMITED,, VISAKHAPATNAM

In the result, appeals filed by the revenue and the cross objections filed by the assessee are dismissed for the A

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.239/Viz/2020 & 237/Viz/2020 (ननधधारण वर्ा/ Assessment Year : 2012-13 &2013-14) Assistant Commissioner Of Vs. M/S Sri Vijaya Visakha Milk Income Tax Producers Company Limited Central Circle-2 Visakha Diary, Bhpv Post Visakhapatnam Nh-5, Nathayyapalem Visakhapatnam [Pan :Aajcs7398P] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

business decision of the assessee and it cannot be questioned by the revenue authorities. Further, we also find that the 11 I.T.A. No.237 & 239/Viz/2020 & CO No.20&21/Viz/2023 A.Y 2012-13 & 2013-14 M/s Sri Vijaya Visakha Milk Producers Co.Ltd., Visakhapatnam assessee admitted income while filing the return of income u/s 153A of the Act. Section 153A

ANDHRA PRADESH STATE COUNCIL OF HIGHER EDUCATION,GUNTUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), GUNTUR

In the result, appeals of the assessee are allowed for the A

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.130/Viz/2024To 134/Viz/2024 (ननधधारण वर्ा/ Assessment Year : 2013-14 To 2016-17) Andhra Pradesh State Council Of Vs. Asst.Commissioner Of Higher Education Income Tax Neeladri Towers Circle-1(1) Atmakur Village, Mangalagiri Guntur Guntur [Pan :Aamfa3316R] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

reassessment proceedings as void-ab initio. 3. (a) The learned Commissioner of Income Tax (Appeals) erred in holding that the appellant is not an instrumentality of state as per Article 12 of Constitution of India. (b) The learned Commissioner of Income Tax (Appeals) ought to have held that the income of the appellant is exempt from tax as the appellant

ANDHARA PRADESH STATE COUNCIL OF HIGHER EDUCATION,GUNTUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), GUNTUR

In the result, appeals of the assessee are allowed for the A

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.130/Viz/2024To 134/Viz/2024 (ननधधारण वर्ा/ Assessment Year : 2013-14 To 2016-17) Andhra Pradesh State Council Of Vs. Asst.Commissioner Of Higher Education Income Tax Neeladri Towers Circle-1(1) Atmakur Village, Mangalagiri Guntur Guntur [Pan :Aamfa3316R] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

reassessment proceedings as void-ab initio. 3. (a) The learned Commissioner of Income Tax (Appeals) erred in holding that the appellant is not an instrumentality of state as per Article 12 of Constitution of India. (b) The learned Commissioner of Income Tax (Appeals) ought to have held that the income of the appellant is exempt from tax as the appellant

ANDHRA PRADESH STATE COUNCIL OF HIGHER EDUCATION,GUNTUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), GUNTUR

In the result, appeals of the assessee are allowed for the A

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.130/Viz/2024To 134/Viz/2024 (ननधधारण वर्ा/ Assessment Year : 2013-14 To 2016-17) Andhra Pradesh State Council Of Vs. Asst.Commissioner Of Higher Education Income Tax Neeladri Towers Circle-1(1) Atmakur Village, Mangalagiri Guntur Guntur [Pan :Aamfa3316R] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

reassessment proceedings as void-ab initio. 3. (a) The learned Commissioner of Income Tax (Appeals) erred in holding that the appellant is not an instrumentality of state as per Article 12 of Constitution of India. (b) The learned Commissioner of Income Tax (Appeals) ought to have held that the income of the appellant is exempt from tax as the appellant

ANDHRA PRADESH STATE COUNCIL OF HIGHER EDUCATION,GUNTUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), GUNTUR

In the result, appeals of the assessee are allowed for the A

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.130/Viz/2024To 134/Viz/2024 (ननधधारण वर्ा/ Assessment Year : 2013-14 To 2016-17) Andhra Pradesh State Council Of Vs. Asst.Commissioner Of Higher Education Income Tax Neeladri Towers Circle-1(1) Atmakur Village, Mangalagiri Guntur Guntur [Pan :Aamfa3316R] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

reassessment proceedings as void-ab initio. 3. (a) The learned Commissioner of Income Tax (Appeals) erred in holding that the appellant is not an instrumentality of state as per Article 12 of Constitution of India. (b) The learned Commissioner of Income Tax (Appeals) ought to have held that the income of the appellant is exempt from tax as the appellant