VENKATA PRASAD PULIPATI,AMARAVATHI vs. INCOME-TAX OFFICER, WARD-2(1), GUNTUR

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.612/Viz/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Venkata Prasad Pulipati, Vs. Income Tax Officer, Amaravathi. Ward-2(1), Pan: Asapp8796L Guntur. (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Shri I. Kama Sastry, Ca राज" व "ारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of 03/12/2025 Hearing: घोषणा की तारीख/Date Of 19/12/2025 Pronouncement: आदेश / Order

55,505/-; (ii) disallowance of the assessee’s claim of long term capital loss: Rs.47,729/-; and (iii) unexplained investment under section 69 of the Act towards purchase of an immovable property: Rs.33,88,000/-, determined his income at Rs.52,43,830/-. 4 Venkata Prasad Pulipati vs. ITO 4. Aggrieved, the assessee carried the matter in appeal before

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3(1), VISAKHAPATNAM vs. VIZAG RE-BARS PRIVATE LIMITED, VISAKHAPATNAM

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

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.428/Viz/2024 (निर्धारणवर्ा/ Assessment Year: 2017-18) Dy. Cit – Circle – 3(1) Vs. M/S. Vizag Re-Bars Private Limited 35, 50-92-35, Sankara Matam Road Plot No. 1 Ida, Edulapaka Bonangi, Opposite Reliance Fresh Parawada Mandal – 531021 Beside Reliance Fresh, Near By Main Road Andhra Pradesh Madhuranagar, Dwaraka Nagar Visakhapatnam – 530016 [Pan:Aabcv2581M] Andhra Pradesh (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent)

55,52,257/- and by making certain additions to an extent of Rs.14,39,903/- based on disallowance of certain expenses. A Search and Survey action was conducted on a syndicate of persons led by Shri Naresh Jain on 19.03.2019 by DDIT(Inv), Unit-7(1) & 7(3) Mumbai. Shri Naresh Jain and his associates were involved in providing accommodation

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)

55,834/- towards unaccounted income for the A.Y. 2018-19 in the case of the assessee. However, Assessing Officer noticed that while filing the return of income under section 153A of the Act the assessee firm has not disclosed the additional income consequent to search. Assessing Officer on verification of incriminating material seized, worked out the unaccounted income

VIZAG SEAPORT P.LTD,VISAKHAPATNAM vs. CIT(A) 14, MUMBAI

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

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

reassessment has to be based on fulfilment of certain pre-condition and if the concept of "change of opinion" is removed, as contended on behalf of the Department, then, in the garb of re-opening the assessment, review would take place. One must treat the concept of "change of opinion" as an in-built test to check abuse of power

DCIT 7(3), MUMBAI vs. VIZAG SEAPORT P.LTD, MUMBAI

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

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

reassessment has to be based on fulfilment of certain pre-condition and if the concept of "change of opinion" is removed, as contended on behalf of the Department, then, in the garb of re-opening the assessment, review would take place. One must treat the concept of "change of opinion" as an in-built test to check abuse of power

DCIT 7(3), MUMBAI vs. VIZAG SEAPORT P.LTD, MUMBAI

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

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

reassessment has to be based on fulfilment of certain pre-condition and if the concept of "change of opinion" is removed, as contended on behalf of the Department, then, in the garb of re-opening the assessment, review would take place. One must treat the concept of "change of opinion" as an in-built test to check abuse of power

DCIT 7(3), MUMBAI vs. VIZAG SEAPORT P.LTD, MUMBAI

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

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

reassessment has to be based on fulfilment of certain pre-condition and if the concept of "change of opinion" is removed, as contended on behalf of the Department, then, in the garb of re-opening the assessment, review would take place. One must treat the concept of "change of opinion" as an in-built test to check abuse of power

VIZAG SEAPORT P.LTD,VISAKHAPATNAM vs. CIT(A) 14, MUMBAI

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

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

reassessment has to be based on fulfilment of certain pre-condition and if the concept of "change of opinion" is removed, as contended on behalf of the Department, then, in the garb of re-opening the assessment, review would take place. One must treat the concept of "change of opinion" as an in-built test to check abuse of power

GANDEM NAGESWARA RAO,VISAKHAPATNAM vs. INCOME TAX OFFICER, WARD-1, ANAKAPALLE

55,980/- made by the AO U/s. 69A of the Act towards unexplained deposits in the bank account. 4. Any other ground that may be urged at the time of appeal hearing.” 2. Further, the assessee has also raised the following additional grounds of appeal before us: 1. The notice dated 14/02/2023 issued U/s. 148A(b) is invalid inasmuch

GVA INDUSTRIES PRIVATE LIMITED,CHHATTISGARH vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, VISAKHAPATNAM

B Kishore Kumar Vs DCIT (2015) 62\nTaxmann.com215/234 Taxmann 771, where in it was held that even a sworn\nstatement shall also constitute incriminating material to dislodge any earlier\nfinding for the purpose of making an assessment u/s 153A.\n15. The Ld. CIT(A) ought to have considered the decision of Hon'ble\nSupremeCourt in the case of Bannalal

DCIT, CENTRAL CIRCLE-1, VISAKHAPATNAM vs. GVA INDUSTRIES PVT. LTD., DHAMTARI

B Kishore Kumar Vs DCIT (2015) 62\nTaxmann.com215/234 Taxmann 771, where in it was held that even a sworn\nstatement shall also constitute incriminating material to dislodge any earlier\nfinding for the purpose of making an assessment u/s 153A.\n15. The Ld. CIT(A) ought to have considered the decision of Hon'ble\nSupremeCourt in the case of Bannalal

PADARTHI VENKATA SIVANAGENDRA PRASADA,GUNTUR vs. INCOME TAX OFFICER, WARD-1, TENALI

2\nI.T.A.No.457/VIZ/2025\nPadarthi Venkata Sivanagendra Prasada Rao\nassessee is prevented by a reasonable and sufficient cause in filing the appeal\nbeyond the prescribed time limit with a delay of 55 days. Therefore, we hereby\ncondone the delay of 55 days in filing the appeal before the Tribunal and\nproceed to adjudicate the appeals on merits in the following paragraphs

USHA RANI CHEBROLU,GUNTUR vs. INCOME-TAX OFFICER, WARD-2(1), GUNTUR

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

Bench: Shrik Narasimha Chary, Hon’Ble & Shri S Balakrishnan, Hon’Ble(Hybrid Hearing) आयकर अपीलसं./ I.T.A.532/Viz/2024 (ननधधारण वर्ा/ Assessment Year: 2015-16) Usha Rani Chebrolu, Vs. Income Tax Officer, Guntur. Ward-2(1), Pan: Abmpc8555B Guntur. (अपीलधथी/ Appellant) (प्रत्यथी/ Respondent) अपीलधथी की ओर से/ Assessee By : Sri I. Kama Sastry, Ar प्रत्यधथी की ओर से/ Revenue By : Dr. Aparna Villuri, Sr. Ar

147 r.w.s 144B of the Act, the Ld. AO made the following additions ie., (i) Addition U/s.56 of the Act on account of undisclosed interest of Rs. 3,24,589/- treating the same as income from other sources and (ii) Addition of Rs. 51,93,088/- on account of unexplained money U/s. 69A of the Act and determined the total

NAVYA HASINI AND HARSHITHA CONSTRUCTIONS AND DEVELOPERS,BHIMAVARAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, RAJAHMUNDRY

In the result, appeal of the assessee is allowed

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

55,000/-. The Ld. AO made the above addition based on the search conducted at the residential premises of Mr. Ch. Murali, partner of the firm wherein certain loose sheets were found and seized by the search team. Based on the seized material the Ld. AO found that the assessee-firm has not recorded actual receipts and actual profits

NAVYA HASINI AND HARSHITHA CONSTRUCTIONS AND DEVELOPERS, ,BHIMAVARAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, RAJAHMUNDRY

In the result, appeal of the assessee is allowed

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

55,000/-. The Ld. AO made the above addition based on the search conducted at the residential premises of Mr. Ch. Murali, partner of the firm wherein certain loose sheets were found and seized by the search team. Based on the seized material the Ld. AO found that the assessee-firm has not recorded actual receipts and actual profits

NAVYA HASINI AND HARSHITHA CONSTRUCTIONS AND DEVELOPERS,BHIMAVARAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, RAJAHMUNDRY

In the result, appeal of the assessee is allowed

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

55,000/-. The Ld. AO made the above addition based on the search conducted at the residential premises of Mr. Ch. Murali, partner of the firm wherein certain loose sheets were found and seized by the search team. Based on the seized material the Ld. AO found that the assessee-firm has not recorded actual receipts and actual profits