THE DY. CIT,, VISAKHAPATNAM vs. M/S. SNF (INDIA) LIMITED,, VISAKHAPATNAM

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

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

1), the following factors shall be taken into account, namely:— (a) the nature and class of the international transaction [or the specified domestic transaction]; (b) the class or classes of associated enterprises entering into the transaction and the functions performed by them taking into account assets employed or to be employed and risks assumed by such enterprises; (c) the availability

THE DY. CIT,, VISAKHAPATNAM vs. M/S. SNF (INDIA) LIMITED,, VISAKHAPATNAM

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

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

1), the following factors shall be taken into account, namely:— (a) the nature and class of the international transaction [or the specified domestic transaction]; (b) the class or classes of associated enterprises entering into the transaction and the functions performed by them taking into account assets employed or to be employed and risks assumed by such enterprises; (c) the availability

OCEAN INDIA PVT. LTD.,,VISAKHAPATNAM vs. THE ACIT,, VISAKHAPATNAM

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Blei.T. (T.P.) A. No. 150/Viz/2016 (Asst. Year : 2011-12) M/S. Teejay India Pvt. Ltd. Vs. The Acit, Circle-5(1), (Formerly Known As Ocean Visakhapatnam. India Pvt. Ltd.), Plot No. 15, Brandix India Apparel City Pvt. Ltd. Sez, Pudimadaka Road, Atchutapuram, Visakhapatnam. Pan No. Aaaco 9452 H (Appellant) (Respondent)

1), Visakhapatnam ('learned Assessing Officer' or 'learned AO') and Joint Commissioner of Income-tax (Transfer Pricing) ('learned Transfer Pricing Officer' or 'learned TPO') to the extent prejudicial to the Appellant, is bad in law, contrary to the facts and circumstances of the case and liable to be quashed. 2. That on the facts and circumstances of the case, the learned

ARYAPURAM CO=OP. URBANK LTD.,,RAJAHMUNDRY vs. THE ACIT,, RAJAHMUNDRY

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes; and the appeal filed by the Revenue is dismissed

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

price and, therefore, it is a case of the assessee receiving less amount as a profit.” 10.4 However, in the case of T.T.D. Co-operative Stores Ltd., supra, the counsel for the revenue sought to distinguish the case of Poona Electric Supply Co. Ltd, (supra), by stating that there is no such statutory direction to grant rebate in the case

THE ARYAPURAM CO-OPERATIVE URBAN BANK LTD.,RAJAHMUNDRY vs. THE ACIT,, RAJAHMUNDRY

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes; and the appeal filed by the Revenue is dismissed

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

price and, therefore, it is a case of the assessee receiving less amount as a profit.” 10.4 However, in the case of T.T.D. Co-operative Stores Ltd., supra, the counsel for the revenue sought to distinguish the case of Poona Electric Supply Co. Ltd, (supra), by stating that there is no such statutory direction to grant rebate in the case

THE ACIT,CIRCLE - 1,, RAJAHMUNDRY vs. M/STHE ARYAPURAM CO-OPRATIVE URBAN BANK LTD.,, RAJAHMUNDRY

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes; and the appeal filed by the Revenue is dismissed

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

price and, therefore, it is a case of the assessee receiving less amount as a profit.” 10.4 However, in the case of T.T.D. Co-operative Stores Ltd., supra, the counsel for the revenue sought to distinguish the case of Poona Electric Supply Co. Ltd, (supra), by stating that there is no such statutory direction to grant rebate in the case

THE ARYAPURAM CO-OPERATIVE URBAN BANK LTD.,,RAJAHMUNDRY vs. THE ACIT, CIRCLE - 1, RAJAHMUNDRY

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes; and the appeal filed by the Revenue is dismissed

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

price and, therefore, it is a case of the assessee receiving less amount as a profit.” 10.4 However, in the case of T.T.D. Co-operative Stores Ltd., supra, the counsel for the revenue sought to distinguish the case of Poona Electric Supply Co. Ltd, (supra), by stating that there is no such statutory direction to grant rebate in the case

TEEJAY INDIA PRIVATE LIMITED,VISAKHAPATNAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, DC/AC 4(1), VISAKHAPATNAM

In the result, appeal filed by the assessee is partly allowed

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

transfer pricing adjustments not on proportionate basis which was consistently followed in earlier assessment years. 4.12. Not providing appropriate economic adjustments towards material differences between the operational profile of comparable companies and the appellant with respect to working capital adjustments. Grounds for disallowance of technical support services fees paid. 5. On the facts and in the circumstances of the case

APPANA HARI NAGA VENKATA RAO,,VISAKHAPATNAM vs. THE ITO,, VISAKHAPATNAM

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bleappana Hari Naga Venkat Rao, Vs. Ito, Ward-1(4), D.No. 15-32-7, Gokul Road, Visakhapatnam. Maharanipeta, Visakhapatnam. Pan No. Adopa 5287 G (Appellant) (Respondent)

price. The coordinate bench of the Ahmadabad tribunal, ‘B' Bench in the case of Rahul G. Patel (supra) has considered the (Appana Hari Naga Venkat Rao) issue in respect of unregistered sale agreement vis-a-vis application of proviso to section 50C held as under:- ―8. We have duly considered rival contentions and gone through the record carefully. Section

SEEDS INTIMATE APPAREL INDIA PRIVATE LIMITED,,VISAKHAPATNAM vs. THE ASST CIT,, VISAKHAPATNAM

In the result, appeals of the assessee are allowed for statistical purpose

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अऩीऱ सं./I.T.A.No.21/Viz/2017, 04/Viz/2018 & 602/Viz/2018 (ननधधारण वषा / Assessment Years : 2012-13, 2013-14 & 2014-15) M/S Seeds Intimate Apparel India Vs. Asst.Commissioner Of Private Limited Income Tax, Plot No.C, Brandix India Apparel City, Circle-5(1) Sez, Pudimadaka Road Visakhapatnam Atchutapuram Mandal Visakhapatnam [Pan : Aadcb3644F] (अपीऱार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

13) of the Income Tax Act, 1961 (in short ‘Act’) for the Assessment Year 2012-13, 2013-14 and 2014- 15. Since, the issues involved in these appeals are common, these appeals A.Y.2012-13, 2013-14 & 2014-15 M/s Seeds Intimate Apparel India Private Limited, Visakhapatnam are clubbed, heard together and a common order is being passed for the sake

SEEDS INTIMATE APPAREL INDIA PRIVATE LIMITED.,VISAKHAPATNAM vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5(1), VISAKHAPATNAM

In the result, appeals of the assessee are allowed for statistical purpose

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अऩीऱ सं./I.T.A.No.21/Viz/2017, 04/Viz/2018 & 602/Viz/2018 (ननधधारण वषा / Assessment Years : 2012-13, 2013-14 & 2014-15) M/S Seeds Intimate Apparel India Vs. Asst.Commissioner Of Private Limited Income Tax, Plot No.C, Brandix India Apparel City, Circle-5(1) Sez, Pudimadaka Road Visakhapatnam Atchutapuram Mandal Visakhapatnam [Pan : Aadcb3644F] (अपीऱार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

13) of the Income Tax Act, 1961 (in short ‘Act’) for the Assessment Year 2012-13, 2013-14 and 2014- 15. Since, the issues involved in these appeals are common, these appeals A.Y.2012-13, 2013-14 & 2014-15 M/s Seeds Intimate Apparel India Private Limited, Visakhapatnam are clubbed, heard together and a common order is being passed for the sake

SEEDS INTIMATE APPAREL INDIA PRIVATE LIMITED,VISAKHAPATNAM vs. ACIT, CIRCLE-5(1),, VISAKHAPATNAM

In the result, appeals of the assessee are allowed for statistical purpose

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अऩीऱ सं./I.T.A.No.21/Viz/2017, 04/Viz/2018 & 602/Viz/2018 (ननधधारण वषा / Assessment Years : 2012-13, 2013-14 & 2014-15) M/S Seeds Intimate Apparel India Vs. Asst.Commissioner Of Private Limited Income Tax, Plot No.C, Brandix India Apparel City, Circle-5(1) Sez, Pudimadaka Road Visakhapatnam Atchutapuram Mandal Visakhapatnam [Pan : Aadcb3644F] (अपीऱार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

13) of the Income Tax Act, 1961 (in short ‘Act’) for the Assessment Year 2012-13, 2013-14 and 2014- 15. Since, the issues involved in these appeals are common, these appeals A.Y.2012-13, 2013-14 & 2014-15 M/s Seeds Intimate Apparel India Private Limited, Visakhapatnam are clubbed, heard together and a common order is being passed for the sake

THE JAMPETA CO-OPERATIVE URBAN BANK LTD.,,RAJAHMUNDRY vs. THE ACIT, CIRCLE - 1,, RAJAHMUNDRY

In the result, appeals filed by the assessee in ITA No

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble & The Jampeta Co-Operative Vs. Acit, Circle-1, Urban Bank Ltd., Jampeta, Rajahmundry. Rajahmundry. Pan No. Aaaat 4048 E (Appellant) (Respondent)

price and, therefore, it is a case of the assessee receiving less amount as a profit.” 10.4 However, in the case of T.T.D. Co-operative Stores Ltd., supra, the counsel for the revenue sought to distinguish the case of Poona Electric Supply Co. Ltd, (supra), by stating that there is no such statutory direction to grant rebate in the case

M/S. THE JAMPETA CO- OP URBAN BANK LTD,,RAJAHMUNDRY vs. THE JOIT CIT,, RAJAHMUNDRY

In the result, appeals filed by the assessee in ITA No

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble & The Jampeta Co-Operative Vs. Acit, Circle-1, Urban Bank Ltd., Jampeta, Rajahmundry. Rajahmundry. Pan No. Aaaat 4048 E (Appellant) (Respondent)

price and, therefore, it is a case of the assessee receiving less amount as a profit.” 10.4 However, in the case of T.T.D. Co-operative Stores Ltd., supra, the counsel for the revenue sought to distinguish the case of Poona Electric Supply Co. Ltd, (supra), by stating that there is no such statutory direction to grant rebate in the case

GVR POWER & INFRASTRUCTURE LIMITED,KADIYAM vs. ACIT, CIRCLE - 2(1), RAJAHMUNDRY

In the result, the appeal filed by the assessee is partly allowed

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh

transfer pricing officer found GVK Power & Infrastructure Ltd., Jegurupadu that the assessee has receivables of Rs.7,32,97,465/- as at the end of the year. The TPO requested the assessee to submit the details of raising the invoice and subsequent receipt of the amount and also called for an explanation as to why notional interest should not be charged

M/S. MAHATI SOFTWARE PVT. LTD.,VISAKHAPATNAM vs. THE ACIT,, VISAKHAPATNAM

In the result, appeals of the assessee are partly allowed

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.67/Viz/2016 & 68/Viz/2017 (निर्धारण वर्ा/Assessment Year:2011-12 & 2012-13) M/S Mahati Software Pvt. Ltd. Vs. Asst. Commissioner Of D.No.10-27-14A Income Tax Sivam, Kailashmetta Circle-3(1) Waltair Visakhapatnam Visakhapatnam [Pan : Aadcm9620J] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

b) Additional ground filed vide petition dated 30.07.2018 “On the facts and in the circumstances of the case, whether the assessing officer erred in not granting exemption u/s 10A in respect of business profits enhanced on account of additions of Rs.10,00,000 and Rs.2,04,215/- made towards disallowance of professional charges and foreign travel expenses.” 3. During

MAHATI SOFTWARE PVT LTD.,,VISAKHAPATNAM vs. THE ACIT,, VISAKHAPATNAM

In the result, appeals of the assessee are partly allowed

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.67/Viz/2016 & 68/Viz/2017 (निर्धारण वर्ा/Assessment Year:2011-12 & 2012-13) M/S Mahati Software Pvt. Ltd. Vs. Asst. Commissioner Of D.No.10-27-14A Income Tax Sivam, Kailashmetta Circle-3(1) Waltair Visakhapatnam Visakhapatnam [Pan : Aadcm9620J] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

b) Additional ground filed vide petition dated 30.07.2018 “On the facts and in the circumstances of the case, whether the assessing officer erred in not granting exemption u/s 10A in respect of business profits enhanced on account of additions of Rs.10,00,000 and Rs.2,04,215/- made towards disallowance of professional charges and foreign travel expenses.” 3. During

DEPUTY COMMSSIONER OF INCOME TAX, VISAKHAPATNAM vs. VISAKHAPATNAM PORT AUTHORITY, VISAKHAPATNAM

In the result, appeal filed by the revenue is dismissed

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.100/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2017-18) Visakhapatnamportauthority Vs. Theasst.Cit -Circle-1(1) Administrative Office Building 4 Th Floor, Prathyakshkar Bhavan Port Area, Visakhapatnam 530001 Mvp Road, Beside Post Office Andhra Pradesh-530001. Sector-8, Mvp Colony Visakhapatnam – 530017 [Pan:Aaalv0035C] Andhrapradesh (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपीलसं./I.T.A.No.103/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2017-18) The Dy.Cit Vs. Visakhapatnamportauthority Room No. 412, 4 Th Floor Administrative Office Building Prathyakshkar Bhavan Port Area, Visakhapatnam 530035 Mvp Double Road Andhra Pradesh Opp. Rythubazar Visakhapatnam – 530014 [Pan:Aaalv0035C] Andhrapradesh (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Shri Gvn Hari, Advocate राजस्व का प्रतततितित्व/ Department Represented By : Dr.Satyasai Rath, Cit(Dr)

transferred to the lessee. It was submitted by the Ld. AR that in the mercantile system of accounting being regularly followed by the assessee recognizing the rent which was received on upfront for a period of 30 years over the lease period is in accordance with the accounting policy and also complying with the provisions of section

VISAKHAPATNAM PORT AUTHORITY,VISAKHAPATNAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), VISAKHAPATNAM

In the result, appeal filed by the revenue is dismissed

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.100/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2017-18) Visakhapatnamportauthority Vs. Theasst.Cit -Circle-1(1) Administrative Office Building 4 Th Floor, Prathyakshkar Bhavan Port Area, Visakhapatnam 530001 Mvp Road, Beside Post Office Andhra Pradesh-530001. Sector-8, Mvp Colony Visakhapatnam – 530017 [Pan:Aaalv0035C] Andhrapradesh (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपीलसं./I.T.A.No.103/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2017-18) The Dy.Cit Vs. Visakhapatnamportauthority Room No. 412, 4 Th Floor Administrative Office Building Prathyakshkar Bhavan Port Area, Visakhapatnam 530035 Mvp Double Road Andhra Pradesh Opp. Rythubazar Visakhapatnam – 530014 [Pan:Aaalv0035C] Andhrapradesh (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Shri Gvn Hari, Advocate राजस्व का प्रतततितित्व/ Department Represented By : Dr.Satyasai Rath, Cit(Dr)

transferred to the lessee. It was submitted by the Ld. AR that in the mercantile system of accounting being regularly followed by the assessee recognizing the rent which was received on upfront for a period of 30 years over the lease period is in accordance with the accounting policy and also complying with the provisions of section