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Judgment Search Results Home > Cases Phrase: income tax act Court: andhra pradesh Page 1 of about 8,607 results (0.076 seconds)

Apr 27 2000 (HC)

Hans Raj Agarwal and Another Vs. Appropriate Authority Constituted Und ...

Court : Andhra Pradesh

Reported in : 2000(4)ALD33; 2000(4)ALT215; [2000]246ITR232(AP)

..... be taken as forming part of record of appeal and be taken into account for the purpose of correcting the mistake under section 35 of the income tax act, 1922. the ratio of that decision in our view, has no application as there is world of difference in facts. the ratio of the ..... ) :'we may clarify that, as far as completed transactions are concerned, namely, where, after the order for compulsory purchase under section 269ud of the income tax act was made and possession has been taken over, compensation was paid to the owner ofthe property and accepted without protest, we see no reason to upset ..... reddi, j. 1. the impugned order passed in exercise of the powers vested in appropriate authority under section 269ud(1) of the income tax act directs pre-emptive purchase of the property belonging to the estate of late mrs. leila d. lein and the payment by central government ..... 17315 of 1989, the high court stayed the dispossession of the petitioners. however, the possession was purportedly taken over by the nominated officer of the income tax department from respondent no.5 on 19-12-1989. by that time, the order of stay was not received by the appropriate authority. before taking ..... income tax officer's order relating to assessment year 1959-60.'19. it is on those peculiar facts, their lordships of the supreme court held that the subsequent decision of the tribunal regarding the value of closing slock of 1959-60 could form the basis for exercising the power under section 35 of the old act .....

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Aug 05 1988 (HC)

Commissioner of Income-tax Vs. Chitra Kalpa

Court : Andhra Pradesh

Reported in : [1989]177ITR540(AP)

..... referred in favour of the assessee. y.v. anjaneyulu, j. 2. at the instance of the commissioner of income-tax, the income-tax appellate tribunal made this reference to this court under section 256(1) of the income-tax act, 1962 (for short the 'act'), this reference relates to the income-tax assessment year 1972-73 and the question referred for the consideration of this court is: 'whether, on the ..... producers to produce films in this state that the incentive of subsidy of rs. 50,000 is offered. could it be said, on these facts, that the subsidy granted is income liable to tax under the income-tax act the first impression itself is in the negative because it a producer has to pay 50% or more by way of ..... opposite conclusion and held that the subsidy is not in the nature of income and cannot, therefore, be assessed to tax under the act. the commissioner of income-tax applied for and obtained the present reference to this court for consideration of the question referred above. 4. learned standing counsel for the income-tax department, sri. m suryanarayana murthy, submits that this question is squarely covered against ..... tax from out of the subsidy, there is hardly any inducement and it frustrates the very purpose for which the subsidy is granted. the small moiety left out of the subsidy after the payment of tax can hardly .....

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Apr 15 1977 (HC)

Panyam Cements and Mineral Industries Ltd. Vs. Addl. Commissioner of I ...

Court : Andhra Pradesh

Reported in : [1979]117ITR770(AP)

..... ,821 received from the government of andhra pradesh as power subsidy in the assessment years 1966-67 and 1967-68, respectively, are taxable under the income-tax act, 1961 ? (2) whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in law in deleting rs. 66,684 ..... him or the value of benefit accruing to him, shall be deemed to be profits and gains of business or profession and accordingly chargeable to income-tax as the income of that previous year, whether the business or profession in respect of which the allowance or deduction has been made is in existence in that ..... by the assessee is only a rebate which falls under section 41(1) of the i.t. act, 1961, and the same shall be deemed as profits and gains, of business and is chargeable to income-tax.8. in our considered opinion there is no substance in the contentions raised on behalf of the assessee ..... amareswari, j.1. in this case, the following three questions of law have been referred by the income-tax appellate tribunal under section 256(1) of the i.t. act to the high court for its opinion :'(1) whether, on the facts and in the circumstances of the case, the appellate ..... the requirements of section 41(1) of the i. t. act have been fulfilled. hence, we are unable to agree with the learned counsel for the assessee that the amounts received by them towards concessional rates of electricity charges are not subject to income-tax. hence, we answer this question in the affirmative and against .....

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Apr 13 2005 (HC)

A.P. Wine Dealers Association and ors. Vs. Deputy Director of Income-t ...

Court : Andhra Pradesh

Reported in : (2005)198CTR(AP)136; [2005]276ITR225(AP)

..... .'38. in jamnadas madhavji and co. v. j.b. panchal, ito : [1986]162itr331(bom) it was held (headnote) :'the officers mentioned in section 131(1) of the income-tax act, 1961, viz., the income-tax officer, appellate assistant commissioner, inspecting assistant commissioner, commissioner (appeals) and commissioner are conferred with the same powers as are vested in a court under the code of civil procedure ..... is lying in deposit in the name of the plaintiff, the defendant is under an obligation, under the provisions of the income-tax act, to deduct tax on the interest accrued, and send the same to the income-tax department. therefore, defendant rightly deducted income-tax on the interest accrued and sent form no. 16a, exhibits a4 to a6 certificates to the plaintiff.'29. section 29 of ..... and could be exercised by a court in a pending suit. under the circumstances, when similar powers have been given to the authorities concerned in section 131(1) of the income-tax act, as have been given under the code of civil procedure to a court, unless there is a proceeding pending before the authorities concerned, no such power can be exercised.' ..... summoning of demand drafts was justified. the definition of 'document' also had been averred in elaboration. it was further pleaded in para. 11 that section 131(1a) of the income-tax act has to be understood on the language employed in the said section. the scope and ambit of the said provision cannot be based on contrastive language employed in section 132 .....

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Jul 22 1998 (HC)

Commissioner of Income Tax, Visakhapatnam Vs. Circar Enterprises

Court : Andhra Pradesh

Reported in : 1998(5)ALD524; [1998]234ITR628(AP)

..... therefore he held that constitution of the assessee-firm with seven partners is not legally authorised and as such the firm cannot be registered under section 185 of the income tax act. however, the income tax appellate tribunal, hyderabad 'a' bench, on an appeal filed by the assessee in ita no.716 of hyd of 84 has held that in view of the ratio laid ..... partnership can be treated as a genuine partnership within the meaning of section 185(1) and whether registration can be granted to such a partnership under the provisions of the income tax act, and held that when law prohibits the entering into a particular partnership agreement, there can be, in law, no partnership agreement of that nature. the question of such an agreement ..... licensing authority has not been obtained, since there is no prohibition to include or exclude any members from the existing partnership, the assessee-finn is entitled to registration under the income tax act without regard to rule 39 of the rules.13. the division bench of this court in the decision cited : [1984]145itr759(ap) was of the view that even if a ..... directed the tribunal to state the case and refer the abovestated questions of law formulated by the revenue for the opinion of this court under section 256(2) of the income tax act and thus the present reference has fallen for consideration before us.9. though the revenue has formulated the abovementioned three questions separately, but they centre around rule 39 of the .....

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Mar 19 1981 (HC)

Chairman, Andhra Pradesh Welfare Fund Vs. Commissioner of Income-tax, ...

Court : Andhra Pradesh

Reported in : [1983]143ITR82(AP)

..... welfare fund, hyderabad (2) whether, on the facts and circumstances of the case, the assessee is not entitled to claim exemption under section 12 of the income-tax act as a trust ?' 2. before dealing with these questions, it is necessary to state a few facts as found by the tribunal. under the bye-laws ..... . it was also stated that the andhra pradesh welfare fund was granted an exemption certificate under s. 88 of the i.t. act by the commissioner of income-tax and the assessee, being only a branch of the parent body, was also entitled to such exemption. the ito held that the assessee was ..... on appeal, however, the contention of the assessee was accepted by the aac, who allowed the appeals. the department, being aggrieved, preferred appeals to the income-tax appellate tribunal, hyderabad. the tribunal held that the assessee had a separate juristic personality of its own, and it was not a branch of the andhra pradesh ..... status of a registered body under the i.t. act. the assessee was asked to give its correct status. the assessee filed a reply stating that it was a branch of the andhra pradesh welfare fund, hyderabad, and it was not liable to pay income-tax for the relevant assessment years 1971-72 and 1972-73 ..... not a branch of the andhra pradesh welfare fund. he also held that the assessee could not rely upon s. 12 of the i.t. act as .....

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Nov 03 1983 (HC)

Commissioner of Income-tax, Andhra Pradesh, Hyderabad Vs. Sahney Steel ...

Court : Andhra Pradesh

Reported in : [1985]152ITR39(AP)

..... for putting up a charitable institution and used for that purpose will be regarded as his income and assessed to income-tax. they are obviously of the nature ..... view was challenged by way of a writ petition in the kerala high court. section 5(3)(iii) of the cochin income-tax act, in so far as it is relevant, read as follows (at p. 471) : 'any income of a religious or charitable institution derived from voluntary contributions and applicable solely to religious or charitable purposes.' 11. the high court ..... seriously contended that under the indian income-tax act, donations received by a person ..... exemption clause does not mean that it is assessable income. the primary question is whether it is income at all...... if donations of this kind are assessable income all individuals and bodies other than religious or charitable institutions should be liable to be assessed to income-tax in respect of such income under the cochin income-tax act. we do not think that it will be .....

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Apr 18 1983 (HC)

Commissioner of Income-tax, Andhra Pradesh-iv Vs. Nalli Venkataramana ...

Court : Andhra Pradesh

Reported in : (1984)38CTR(AP)17; [1984]145ITR759(AP)

..... sree ramakrishna mining co. v. cit : [1967]64itr197(kar) considered s. 49 of the mines and minerals (regulation and development) act, 1948, under which a mining lease was to be in ..... court in malwa knitting works v. cit : [1977]107itr379(mp) , where an advocate becoming a partner in a business concern was held not to make the partnership illegal but only involved the advocate liable for disciplinary action under the bar councils act. the registration of the partnership could not be refused under the income-tax act. similarly the mysore high court in ..... income-tax v. union tobacco co. : [1961]41itr115(ker) commissioner of income-tax v. banarsi das & co. and commissioner of income-tax v. krishna reddy : [1962]46itr784(ap) the partnership entered into by the licensee with other persons was held to be invalid or void...' 'in the case of velu padayachi, : air1950mad444 , the high court of madras had to deal with the madras excise act ..... and rules having similar provisions to our excise act and rules...', and 32. .....

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Mar 07 1989 (HC)

A. Sanyasi Rao and anr. Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : (1989)77CTR(AP)40; [1989]178ITR31(AP)

..... of purchase and not in the year or years of sale. this, it is argued, is contrary to the entire scheme of the income-tax act. under the income-tax act, each assessment year is a unit by itself. several assessment years cannot be clubbed into one unit, nor can a comprehensive or single ..... perfectly valid; (iii) section 44ac is not an independents provision it does not dispense with a regular assessment inaccordancde with the provisions of the income-tax act, section 44ac is merely an adjunt to and explains the provisions in section 206c. a regular assessment has to be made in respect of an ..... refer to the names in the judgment. this restraint, it was stated, was imposed upon the department by the provisions of section 138 of the income-tax act. we agreed to this course. we informed learned standing counsel that we would not disclose the names in the court, nor would we mention those ..... v. k. k. sen, aac of i.t. : [1965]56itr198(sc) . in this decision, the validity of section 12(1b) of the indian income-tax act, 1922, was questioned. section 12(1b) provided that a loan made to a shareholder by a private controlled company is taxable as dividend. it was recognised that ..... the purchase price will include cost of bottle, label and sealing charges, etc. it clarifies that the deductions provided by chapter vi-a of the income-tax act would be permissible from the profit determined under section 44ac. soon after june, 1, 1988, the sellers of specified goods started calling upon the purchasers .....

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Aug 17 1988 (HC)

State of Andhra Pradesh Vs. Andhra Pradesh State Road Transport Corpor ...

Court : Andhra Pradesh

Reported in : [1989]74STC336(AP)

..... [1986]15itr1(sc) . in this case the supreme court faced with the question whether the corporation is entitled to claim exemption in respect of the income derived by it under section 11(1)(a) of the income-tax act, 1961, held : 'the test which has, therefore, now to be applied is whether the predominant object of the activity involved in carrying out the ..... [1971] 27 stc 42 that they do not constitute either trade or business so as to attract sales tax. the supreme court also while dealing with the very same corporation under the income-tax act, held in commissioner of income-tax v. andhra pradesh state road transport corporation : [1986]15itr1(sc) that the activities of the corporation are of general public utility and, ..... therefore, they are charitable in nature and consequently exempted from tax. while dealing with that aspect, it was further held by ..... of corporation's finance. it reads : 'it shall be the general principle of a corporation that in carrying on its undertaking it shall act on business principles.' 14. the supreme court in the aforesaid case (commissioner of income tax. v. andhra pradesh state road transport corporation : [1986]15itr1(sc) further held : 'the submission founded upon section 22 is based upon .....

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