HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD *****

ITTA Nos.85, 87 AND 88 of 2021 ITTA No.85 of 2021 Between:

# M/s. The Singareni Collieries Company Limited, Having its Registered Office at Kothagudem Collieries, Bhadradri, Kothagudem District, Telangana Rep., by its Chairman & Managing Director.

… Appellant And $ 1. Principal Commissioner of Income Tax Circle 1, Hyderabad.

2. Deputy Commissioner of Income Tax, Circle 13(1), Hyderabad.

(Respondent No.2 is not necessary).

… Respondents ITTA No.87 of 2021 Between:

# M/s. The Singareni Collieries Company Limited, Having its Registered Office at Kothagudem Collieries, Bhadradri, Kothagudem District, Telangana Rep., by its Chairman & Managing Director.

… Appellant And $ 1. Principal Commissioner of Income Tax Circle 1, Hyderabad.

… Respondent ITTA No.88 of 2021 Between:

# M/s. The Singareni Collieries Company Limited, Having its Registered Office at Kothagudem Collieries, Bhadradri, Kothagudem District, Telangana Rep., by its Chairman & Managing Director.

… Appellant And $ 1. Principal Commissioner of Income Tax Circle 1, Hyderabad.

2. Deputy Commissioner of Income Tax, Circle 13(1), Hyderabad.

(Respondent No.2 is not necessary).

… Respondents DATE OF JUDGMENT PRONOUNCED: 15.02.2024 Submitted for approval.

THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE N.TUKARAMJI

1 Whether Reporters of Local newspapers may be allowed to see Yes/No the Judgments?

2 Whether the copies of judgment may be marked to Law Yes/No Reporters/Journals

3 Whether Their Ladyship/Lordship wish to see the fair copy of the Yes/No Judgment?

__________________

P.SAM KOSHY, J __________________

N.TUKARAMJI, J * THE HON’BLE SRI JUSTICE P.SAM KOSHY AND *THE HON’BLE SRI JUSTICE N.TUKARAMJI ITTA Nos.85, 87 AND 88 of 2021 % Dated 15.02.2024 ITTA Nos.85 of 2021 # M/s. The Singareni Collieries Company Limited.

… Appellant And $ 1. Principal Commissioner of Income Tax Circle 1, Hyderabad.

2. Deputy Commissioner of Income Tax, Circle 13(1), Hyderabad.

(Respondent No.2 is not necessary).

… Respondents ITTA No.87 of 2021 Between:

# M/s. The Singareni Collieries Company Limite.

… Appellant And $ 1. Principal Commissioner of Income Tax Circle 1, Hyderabad.

… Respondent ITTA No.88 of 2021 Between:

# M/s. The Singareni Collieries Company Limited.

… Appellant And $ 1. Principal Commissioner of Income Tax Circle 1, Hyderabad.

2. Deputy Commissioner of Income Tax, Circle 13(1), Hyderabad.

(Respondent No.2 is not necessary).

… Respondents ! Counsel for the Petitioner: Sri Manoj Reddy Keshi Reddy ^ Counsel for the Respondents/Department: Sri J.V.Prasad >HEAD NOTE: ? Cases referred

1 (2007) 8 Supreme Court Cases 549 THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE N.TUKARAMJI ITTA Nos.85, 87 AND 88 of 2021 COMMON JUDGMENT: (per Hon’ble Sri Justice P.SAM KOSHY)

These Income Tax Appeals are filed by the same assessee i.e.

M/s. Singareni Colleries Company Limited challenging the order passed by the Income Tax Appellate Tribunal, Hyderabad ‘A’ Bench, Hyderabad, in ITA Nos.881, 883 and 885/H/2014 for the assessment years 2006-07, 2007-08 and 2008-09 decided by a common order dated

23.04.2021.

2. Heard Sri Manoj Reddy Keshi Reddy, learned Counsel for the appellant and Sri J.V. Prasad, learned counsel for the respondents-

Department.

3. Vide the said impugned order, the learned Income Tax Appellate Tribunal has rejected the appeals preferred by the appellant herein confirming the order passed by the Commissioner of Income Tax (Appeals), Vijayawada, as that also of the Assessing Officer.

4. The issue involved in the present Income Tax Tribunal Appeals is in respect of the proceedings issued under Section 115 WE of the Income Tax Act, 1961.

5. The facts in brief is that the appellant company which is a public sector undertaking of the Government of Telangana and Government of India is into the business of coal extraction and sale. The establishment is one which is primarily governed under the provisions of Mines Act, 1952. Taking into consideration