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Judgment Search Results Home > Cases Phrase: income tax act Court: andhra pradesh Year: 1967 Page 1 of about 45 results (0.095 seconds)

Mar 28 1967 (HC)

Commissioner of Income-tax Vs. C.P. Sarathy Mudaliar

Court : Andhra Pradesh

Decided on : Mar-28-1967

Reported in : [1968]68ITR626(AP)

..... that the word ' shareholder ' under section 2(6a)(e) should receive the same meaning given to the word shareholder in sections 18(5) and 23a of the income-tax act, that is, a person who is recorded as a shareholder in the books of the company and that a loan advanced to a hindu undivided family which is the ..... for disposal by its order dated 21st september, 1966, holding that the high court has no power in a reference arising under section 66 of the income-tax act to set aside the order of the tribunal and to remand the appeal for fresh hearing as the jurisdiction of the high court is only of an ..... the hindu undivided family in the respective assessment years'. the determination of this question turns upon the interpretation of section 2(6a)(e) of the indian income-tax act, 1922 (xi of 1922), which reads as follows : (omitting portions which are not relevant). '2. (6a) 'dividend' includes--...... (e) any payment by ..... tribunal held in favour of the assessee that the two amounts cannot be included as dividend income. aggrieved by the said order of the tribunal, the commissioner of income-tax, andhra pradesh, hyderabad, sought a reference under section 66(1) of the indian income-tax act of 1922, on which the tribunal referred the following question to the high court, ..... krishna rao, j. 1. the above reference under section 66(1) of the indian income-tax act (xi of 1922), arises tinder the following circumstances: the respondent is the karta of a hindu undivided family, which is the assessee. .....

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Aug 01 1967 (HC)

Taj Mahal Hotel, Secunderabad Vs. Commissioner of Income-tax, Hyderaba ...

Court : Andhra Pradesh

Decided on : Aug-01-1967

Reported in : AIR1969AP84; [1967]66ITR303(AP)

..... a further sum of rs. 1,370/- for pipe-line fittings. on both these items, the assessee claimed development rebate before the income-tax officer under section 10 (2) (vi-b) of the indian income-tax act, 1922, (hereinafter referred to as the act ) the income-tax officer held that they did not come within the definition of 'plant' and 'machinery' and disallowed the same. the appellate assistant ..... doing so, it maybe noted that the word 'plant' in english finance act did not include solicitor's books which he consults for professional purposes, while the indian act includes them in the definition of that word in section 10 (5) of the act. the decisions under the income-tax act or the finance act of england will not, therefore, be of any assistance, and the answer ..... . the question referred to us for decision under section 66 (1) of the indian income-tax act, 1922, is as follows:'whether the sanitary fittings and pipe-lines installed in the king kothi branch of the hotel constituted 'plant' within the meaning of section 10 (5) of the act, and whether the assessee is entitled to development rebate in respect thereof under section 10 ..... cent. on the cost of sanitary fittings and the pipe-line fittings, treating them as 'furniture and fittings in cinema houses and boarding houses' under rule 8 (2) of the income-tax rules. the argument on behalf of the revenue is that though depreciation allowance on machinery and plant is provided for as item 3 under rule 8, the assessee chose to .....

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Aug 02 1967 (HC)

Commissioner of Income-tax, A.P. Vs. S.R.Y. Sivaramaprasad Bahadur.

Court : Andhra Pradesh

Decided on : Aug-02-1967

Reported in : [1968]69ITR560(AP)

..... -5980,391.00in the court of the assessment proceedings for the assessment years 1956-57 and 1958-59 the assessee contended before the income-tax officer that the aforesaid amounts were agricultural income as defined in section 2(1) of the income-tax act. he also took an alternative plea that the amounts were receipts of capital nature and as such did not fall to be ..... , as the interim payments made to the assessee were actually in lieu of its share in the land revenue itself, the income received therefrom clearly fell under the definition of 'agricultural income' as contained in section 2(1) of the income-tax act. the second ground was that the interim payments should have been considered individually in the hands of the principal landholder and his ..... held that, as there had not been any disruption in the family, and as no claim had been made under section 25a of the income-tax act and as the assessee had credited the compensation in lump sum amounts in his own estate books and did not make any allocation among the coparceners, the amount fell to ..... high court was to find whether interim payments made under section 50 of the abolition act were by way of capital nature or by way of income under the provision of income-tax act. he contends that the supreme court has laid down in raja rameshwar rao v. commissioner of income-tax, that the nature of payments has to be sole determined accordance to the provisions of .....

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Jun 28 1967 (HC)

K. P. Reddy Vs. Commissioner of Income-tax, Andhra Pradesh.

Court : Andhra Pradesh

Decided on : Jun-28-1967

Reported in : [1968]68ITR638(AP)

..... after the time within which he should have filed a return in accordance with a public notice given under section 22(1) of the income-tax act, 1922. in that return, he declared an income of rs. 1,601. the income-tax officer while accepting the turnover did not accept the 1% basis in arriving at the profits, and computed the profits at 25%. at the ..... same time, he gave a notice to show cause why he should not levy a penalty under section 28(1) (a) of the income-tax act. in that proceeding, after considering his reply to the show cause notice, the income-tax officer levied a penalty of rs. 2,250. the assessment itself was subjected to an appeal. the appellate assistant commissioner estimated the profits at ..... proceeding. in that case the assessee failed to furnish a return of his total income as required by a notice under section 22(1) of the income-tax act but no notice under section 22(2) was issued by the department within the year of assessment. it was held that the income-tax officer was competent, in the course of the proceedings taken by him under ..... of the learned counsel that where a return has been filed, notwithstanding the fact that it has been filed beyond the time given under section 22(1), once the income-tax officer had acted on the return so filed, he can only levy a penalty under section 28(1) (c) and cannot invoke the provisions of section 28(1) (a). there is nothing .....

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Feb 02 1967 (HC)

Steelsworth Ltd. Vs. Commissioner of Income-tax, Assam.

Court : Andhra Pradesh

Decided on : Feb-02-1967

Reported in : [1968]69ITR366(AP)

..... was being carried on before the 1st day of april, 1948, the section 15c will not be applicable to this undertaking.'industrial undertaking' has not been defined anywhere in the income-tax act. section 15c(1) will apply to all undertaking unless it is an undertaking formed by the splitting up, or the reconstruction of, business already in existence or by the transfer ..... :'whether, on the facts and in the circumstances of the case, that part of the condition mentioned in clause (i) of sub-section (2) of section 15c of the indian income-tax act, namely, not formed by transfer to a new business of building, machinery or plant used in a business which was being carried on or before the 1st day of april ..... question no. 1 above should be in the affirmative. in other words, we have agreed that the decision of the income-tax authorities that the proviso to section 13 of the indian income-tax act, 1922 (act no. xi of 1922), hereinafter referred to as the act, is attracted in this case. it is necessary to indicate the basis of our opinion on this question. we are ..... addition to rs. 18,000 which was confirmed by the tribunal.it is not disputed that the proviso to section 13 of the indian income-tax act, 1922, is applicable to the present case. this section reads as follows :'13. income, profits and gains shall be computed, for the purposes of sections 10 and 12, in accordance with the method of accounting regularly employed .....

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Mar 05 1967 (HC)

Bolla Tirapanna and Sons Vs. Commissioner of Income-tax, A.P.

Court : Andhra Pradesh

Decided on : Mar-05-1967

Reported in : [1969]71ITR209(AP)

..... in that a case was whether the three widows could be assessed in the status of an 'association of persons' within the meaning of section 3 of the income-tax act in regard to the income derived from the properties inherited by them. on reference, the high court held that they could not be assessed as an association of persons. on appeal the supreme ..... the mill building and machinery was rightly assessed in the hands of an association of persons ?'this is reference under section 66(1) of the indian income-tax act, 1922, which will be hereinafter referred to as the act.the assessment year is 1958-59 for the which the accounting period was the year ended 31st december, 1957. the assessment was made by the ..... is to be noted that the first part of the definition of 'business' contained in section 2(5) of the excess profits tax act is the same as in section 2(4) of the indian income-tax act.a bench of this court, of which one of us was a member, had occasion to consider this aspect in tripurasundari cotton press co. ltd. v. commissioner ..... business activity had come to a close. it is interesting to note that sub-sections (3) and (4) of section 12 of the indian income-tax act recognise that letting out of plant, machinery, etc., may be a source of income falling under the head other sources within that section and not necessarily under the head business dealt with in section 10 of the .....

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Aug 21 1967 (HC)

A.M. Ansari and ors. Vs. the Board of Revenue, Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Aug-21-1967

Reported in : AIR1969AP399

..... was dealing with the question whether revenue derived from the sale of toddy extracted from cocoanut trees is agricultural income within the meaning of section 2(1) of the income-tax act and whether the income-tax act applies to profits derived from the sale of such toddy. dealing with the contention that the petitioner as the ..... lessee of the trees was entitled to treat the proceeds as income from agriculture and that he was the lessee of ..... v. state of andhra 1956 andh wr 717 (air 1957 andh pra 28) viswanatha sastri and krishna rao jj while dealing with the sales tax act had to consider whether the bamboos sold by the assessee can be said to be agricultural or horticulaural produce grown on land and whether the assessee ..... have already said, it is neither a part of the consideration nor is it a levy permissible under the sales tax act. if the government is not liable to pay sales tax under the act, it cannot bind the contractor for paying it.20. coming to the last question viz., whether in respect of the ..... was deleted, the amendment of the definition of dealer in section 2 (e) (i) of the andhra pradesh general sales tax act with section 2 (bbb) which was inserted by act 7 of 1966, supplies the omission of section 8c; but as we have shown already it does not because the requirement of .....

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Aug 22 1967 (HC)

Raja Vs. V. V. R. K. Yachendra Kumara Rajah of Venkatagiri V. Income-t ...

Court : Andhra Pradesh

Decided on : Aug-22-1967

Reported in : [1968]70ITR772(AP)

..... only for the purposes of the trust, was exempt from being assessed to income-tax under section 4(3) (i) of the indian income-tax act. the income-tax officer issued notice to the petitioners under section 34 of 1922 act for assessment of the income of the trust. the petitioners filed returns but pressed the income-tax officer to decide whether the trust was trust of such a description as ..... to treat the said interim payments as revenue receipts while similar payments in respect of similar estates were held to be capital receipts and not eligible to tax, under the income-tax act. the department cannot adopt and apply contradictory principles in respect of payments which are similar and which were paid or payable under the same or similar enactment. it was ..... of the learned counsel for the appellants and the petitioners is that by virtue of section 119 of the income-tax act, 1961, which corresponds to section 5(8) of the income-tax act of 1922, enjoins upon all officers and persons employed in the execution of this act to observe and follow the orders, instructions and directions of the board. the contention is that the ..... or about march, 1964, for the proposed reopening of assessment from 1950-51 onwards under section 148 of the indian income-tax act, on the ground that the interim payments made by the government under the madras estates abolition act, xxvi of 1948, were income and as such they had escaped assessment. writ petitions nos. 539 and 540 of 1964 were filed by kumara .....

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Apr 18 1967 (HC)

Commissioner of Wealth-tax Andhra Pradesh Vs. Trustees of H. E. H. Niz ...

Court : Andhra Pradesh

Decided on : Apr-18-1967

Reported in : [1968]68ITR508(AP)

..... also will be determinate on the happening of the said event, namely, the death of settlor. section 21(4) of the wealth-tax act corresponds to section 41 of the old income-tax act and designed to describe the mode of collection of tax. under the provisions of this section, either the trustees can be assessed in respect of the shares of each of the beneficiaries ..... the conditions in which those provisions would not apply and the income in the hands of the trustees will be treated as income in the hands of an individual. sub-section (4) of section 21 reads ..... or the beneficiaries themselves. sub-section (4) of section 21 of the wealth-tax act, which correspons to the proviso to section 41 of the old income-tax act, sets out ..... on the whole of the wealth, and that the provisions of section 21(4) of the wealth-tax act were clearly applicable. it is unnecessary to state the corpus of the trust or the income it yields except to say that there is sufficient and substantial income, and that the shares are valued at about six lakhs of rupees. according to the terms of .....

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Apr 18 1967 (HC)

Shaik Ibrahim Vs. Commissioner of Income-tax, Andhra Pradesh.

Court : Andhra Pradesh

Decided on : Apr-18-1967

Reported in : [1968]69ITR117(AP)

..... the result, according to them, by a slightly different road. after setting the object of the indian income-tax act, which was to tax 'income', which term the act does not define but in the later sections is expanded into 'income profits and gains', which was more a matter of words than of substance, sir george lowndes observed ..... and what he made or expended on his horses. the question was whether those amounts were taxable income or were casual and non-recurring receipts and exempt from tax under section 4(3)(vii) of the income-tax act. rajagopalan j., who delivered the judgment of the bench, held that gambling by betting on horses ..... section 2(4) of the income-tax act, 1922, and the income therefrom taxable under the act and2. if the answer to question no. 1 is in the negative, whether the income on new york cotton betting is exempt from tax as 'casual and non-recurring' under section 4(3)(vii) of the income-tax act ?'these questions arise for determination ..... amount of rs. 9,83,361 constiuted a capital receipt and therefore not income, profits, or gains within the meaning of the income-tax act; and (ii) if it could be said to be income, profits or gains within the meaning of the act, was it liable to be assessed under either of the sections 10 and ..... as of universal application, as what we have to deal with in the definition of business as given in the indian income-tax act. it will be observed that their lordships of the privy council also in shaw wallace case said much the same thing .....

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