IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD “A” BENCH: HYDERABAD BEFORE SHRI VIJAY PAL RAO, VICE PRESIDENT AND SHRI MANJUNATHA G, ACCOUNTANT MEMBER Assessment Year 2014-2015 Gangaram Reddy Tekulapalli, PAN ADUPT2645K Smt. Haripriya The Income Tax Officer, Tekulapalli PAN ADUPT2644J (Int. Taxn)-2, Plot No.56, Street No.7, vs. Hyderabad. Telecom Nagar, Telangana.

Gachibowli, Hyderabad – 500 032 State of Telangana (Appellant) (Respondent)

For Assessee : CA, P R Suresh For Revenue : Sri Siva Prasad, SV, Sr. AR Date of Hearing : 11.08.2025 Date of Pronouncement : 10.09.2025 ORDER PER MANJUNATHA G. :

The above appeals are filed by the two different assessee’s viz., Gangaram Reddy Tekulapalli and Smt. Haripriya Tekulapalli who were husband and wife against the Order dated 26.06.2024 of the learned Commissioner of Income Tax-(Appeals)-10, Hyderabad and arises out of the Final Assessment order passed by the Assessing Officer dated 02.11.2023 passed u/sec.147 r.w.s.144C(13) of the Income Tax Act, 1961 [in short “the Act”] pursuant to the directions of Disputes Resolution Panel [in short “the DRP”], Bengaluru, dated 01.11.2023 passed u/sec.144C(5) of the Act, relating to assessment year 2014-2015. Since common issues are involved in both these appeals, these appeals were heard together and are being disposed of by this single consolidated order for the sake of convenience and brevity. First, we take-up appeal ITA.No.786/Hyd./ 2024 in the case of Gangaram Reddy Tekulapalli and both the parties are agreed to that the decision taken in this appeal be applicable in appeal ITA.No.787/Hyd./ 2024. ITA.No.786/Hyd./2024 – A.Y. 2014-2015 :

2. Facts of the case, in brief, are that the assessee is an individual and a non-resident Indian. As per the information available with the Department, the assessee and his wife sold immovable properties i.e., agricultural land admeasuring ac.0.05 gts and ac.0.12 gts in Survey No.297/EE situated at Puppalguda (v), Rajendranagar (M), Ranga Reddy District, for a total consideration of Rs.29,50,000/- and Rs.75,00,000/-. Since the assessee failed to disclose any income from capital gains on sale of the above mentioned properties, the assessment was reopened u/sec.147 of the Act by the Assessing Officer and notice u/sec.148 of the Act was issued and served upon the assessee on 26.03.2021. Since, there were no response from the side of the assessee, the Assessing Officer issued statutory notice u/sec.142(1) of the Act on 08.03.2022 calling the assessee to furnish his explanation. In response to the said notice, the assessee submitted computation of income, sale deed and passport copy. In case of assessee’s wife Smt. Haripriya Reddy also assessment proceedings u/sec.147 of the Act are pending. The Assessing Officer noted that she along with her husband had purchased a property i.e., Flat No.603, 6th Floor, Tower-2LH admeasuring 3141 sft. in Survey No.201 of Manikonda Jagir Village, Rajendra Nagar Mandal, Ranga Reddy District for a total consideration of Rs.1,07,23,955/- along with registration charges, stamp duty, transfer duty, user charges of Rs.8,04,497/- totalling to Rs.1,15,28,452/-. The Assessing Officer after considering the submissions of the assessee computed the long term capital gain at Rs.68,06,390/- in the hands of Gangaram Reddy Tekulapalli and Rs.1,36,12,780/- in the hands of Smt. Haripriya Tekulapalli by proposing to make the addition @ ½ share in each hands of these two assessee’s at Rs.68,06,390/- and Rs.68,06,390/- respectively, u/sec.54F of the Act vide order both dated 02.11.2023 passed u/sec.147 r.w.s.144C(13) of the Act. The Assessing Officer while passing the above draft assessment order noted that since the assessee is an NRI and as per the provisions of Sec.144C(15) being an “eligible assessee”, Draft assessment order u/sec.144C needs to be issued to the assessee and accordingly, a draft order was issued to these two assessee’s on 15.03.2023.

3. Aggrieved by the above proposed additions under th