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Judgment Search Results Home > Cases Phrase: income tax act Court: andhra pradesh Year: 1968 Page 1 of about 38 results (0.059 seconds)

Dec 03 1968 (HC)

Commissioner of Income-tax Vs. Ghanta Bapaniah and ors.

Court : Andhra Pradesh

Decided on : Dec-03-1968

Reported in : [1969]74ITR605(AP)

..... january 1, 1952, and accordingly it was prayed that that fact may be recorded and an order passed under section 25a of the income-tax act, 1922 (hereinafter called 'the act'). about the same time, each of the individual coparceners, on the basis that the joint family was divided, filed for the ..... direction that the assessment should not be proceeded with owing to the statutory bar created by section 34(3) of the act. as the income-tax authorities did not accede to the request of the appellants, a petition under articles 226 and 227 was filed in the ..... their constituting a hindu undivided family along with others and that they were intimately connected with the 'person' whose assessment was made by the income-tax officer and set aside by the appellate assistant commissioner on whose direction fresh assessment proceedings were taken. the bench, consisting of ramaswami and grover ..... firm and therefore its income must be excluded from that of the family. the income-tax officer was directed to assess the income of the business in the hands of the firm. the income-tax officer issued fresh notice to the appellants under section 22(4) and 23(2) of the act. the appellant refused ..... to comply with these notices and moved the inspecting assistant commissioner of income-tax for .....

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Jul 05 1968 (HC)

income-tax Officer, Masulipatnam and anr. Vs. K. Srinivasa Rao

Court : Andhra Pradesh

Decided on : Jul-05-1968

Reported in : AIR1969AP441

..... new assessment of nagabhushanam by including an income of rupees 67,214 representing his 1/3rd share of the firm's ..... was completed ex parte on 25-8-1952 fixing the total taxable income of the firm at rs. 2,01,642. there were appeals preferred against this order but they are not material for the consideration of the present petition. the income-tax officer purporting to act under section 35 of the income-tax act, 1922 issued a notice dated 27-1-1956, proposing to rectify the ..... (5) of the act to revise ..... income for the assessment year 1948-49. objections were raised by the assessee to the jurisdiction of the income-tax officer under section 35 .....

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Feb 02 1968 (HC)

Satyam Vs. Krishna Murthy and ors.

Court : Andhra Pradesh

Decided on : Feb-02-1968

Reported in : AIR1969AP237

..... . of course it must be a debt which is not disputed or is indisputable. in this case the debt represents money due to the crown under the income-tax act and the demand of the income-tax officer is not open to question............. the right to payment being indisputable justice requires that it should be paid out to the crown and formal application for payment ..... filed c. m. p. no. 9392/67 for receiving a certified copy of a letter dated 7-12-1951 by the income-tax officer, vizianagaram to the collector, visakhapatnam under section 46(2) of the indian income-tax act, 1922. in this letter the income-tax officer certified that a sum of rs. 4,885-9-0 due from motumarri suryanarayana , the 1st defendant mortgagor was in ..... 230 it was held that the effect of section 30 of the income-tax act of 1886 corresponding to section 46 (2) of the income-tax act, 1922, is not to convert income-tax into an arrear of land revenue, but merely to extend the procedure prescribed by the revenue recovery act to the recovery of arrears of income-tax their lordships followed the decision reported in ilr (1884) 7 mad ..... order on the application for payment of moneys due to the crown. in that connection, the court held that section 46 of the income-tax act is not exhaustive of the remedies of the crown to cover arrears of income-tax and does not preclude an application of this nature. the court further held that it was also not necessary for the crown to obtain .....

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Jan 29 1968 (HC)

Vijaya Kumar Machinery and Electrical Stores Vs. Alaparthi Lakshmikant ...

Court : Andhra Pradesh

Decided on : Jan-29-1968

Reported in : [1969]74ITR224(AP)

..... , i do not, therefore, see any valid objection to the admissibility of exhibit a-1.38. in nagammai achi v. alamelu achi, it was observed that:'section 54 of the income-tax act is not concerned with the admis-sibility of documents referred to therein but only directs that they should be treated as confidential and prevents the compulsory production of those documents ..... by janaki have been tendered in evidence in the present case, we presume that the granting of certified copies is in certain circumstances permissible by some rule made under the income-tax act. most probably they can be granted to the person who has made the return for his own private information since that would not come under the head of disclosure under ..... .29. that apart, the objection on merits does not seem to be sound. a reading of section 54(1) of the indian income-tax act shows that, by itself, it does not lay down any embargo on the admissibility of an income-tax return or any statement made therein. it only declares that no court shall be entitled to require any public servant to produce ..... a partner of the firm, that has obtained exhibit a-1. the objection to the admissibility of exhibit a-1 was sought to be based on section 54 of the income-tax act, 1922. section 54(1) lays down:'all particulars contained in any statement made, return furnished or accounts or documents produced under the provisions of this .....

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Nov 26 1968 (HC)

M. Subrahmanya Sarma Vs. Commissioner of Income-tax and ors.

Court : Andhra Pradesh

Decided on : Nov-26-1968

Reported in : [1969]74ITR407(AP)

..... tribunal in its statement of the case has stated that, though separate applications were filed by the assessee for referring the questions of law arising under the wealth-tax act, the income-tax act and the gift-tax act, viz., r.as. nos. 1927 and 1928 of 1963-64 (w.t.a. nos. 1714 and 1715 of 1962-63 respectively) r.a. no. 1929 of 1963-64 ..... are agreed, we have directed the office to register two separate references under the wealth-tax act and the gift-tax act, treating the present reference as one under the income-tax act. the reference under the wealth-tax act is numbered as r.c. no. 66/1965 and the one under the gift-tax act as r.c. 67/1965. we propose to pass a consolidated order which will dispose ..... there was a gift, as indeed we have now held it to be so, the minor did not have the benefit or enjoyment of the income therefrom and, consequently, section 16(3)(a)(iv) of the income-tax act, 1922, cannot be made applicable. the clause in the partition deed, on which the learned advocate relies, is as follows :'as the second individual of ..... her death the corpus was to go to certain persons specified therein. the supreme court held that on a true construction of clause (b) of section 16(3) of the income-tax act, no benefit accrued to the minor daughter in the year of account and that the sum of rs. 410 could not be included in the total .....

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Dec 30 1968 (HC)

Commissioner of Income-tax Vs. Trustees of H.E.H. the Nizam's Miscella ...

Court : Andhra Pradesh

Decided on : Dec-30-1968

Reported in : [1969]74ITR558(AP)

..... again on the basis that the assessee had not made out that the agreement to grant the loan was not subject to the condition that it was free of income-tax under the indian income-tax act. we have already stated that not only the decision of the supreme court deals with both the questions, one of which pertains to the grant of the identical ..... trust. the question for consideration that arose was (at page 679) whether the 1 per cent. loan is a state government security within the meaning of section 8 of the income-tax act. the answer to this question is at page 680 where subba rao j. (as he then was), delivering the judgment of the court, held in these words : ' with the aid ..... by the constituent assembly. in other words, the nizain and the military governor were both aware that after the applicability of the constitution to the state of hyderabad, the indian income-tax act would be made applicable and it is in contemplation of this contingency that the correspondence and the agreement took place. even after the promulgation of the constitution, the chief minister ..... , and secondly, that even if it is not taxable, as at the time when it was granted, the income-tax that was in the contemplation of parties was the hyderabad income-tax act, since the indian income-tax actsubsequently became applicable, the said loan cannot foe free from income-tax unless there was notification published by the government. the assessee's contention that the loan was to the state .....

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Nov 25 1968 (HC)

Khan Bahadur Ahmed AlladIn and Sons Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Decided on : Nov-25-1968

Reported in : [1969]74ITR651(AP)

..... accounts could be reopened, his lordship observed at page 119 :'whether this principle is justified in the english law, it has no place under the indian income-tax act. when an income-tax officer proceeds to include a particular income in the assessment, he should ask himself, inter alia, two questions, namely : (i) what is the system of accountancy adopted by the assessee and (ii) if ..... by the district judge on 12th july, 1956, is assessable for the assessment year 1955-56 ?' 2. the assessee, a firm registered under section 26a of the income-tax act, 1922, was being assessed to income-tax for the year 1955-56, for which the corresponding accounting year was from 1st october, 1953, to 30th september, 1954, in which accounting year the second of the ..... accrued in the year in which it became so recoverable within the meaning of section 4(1)(b)(i) of the income-tax act, 1922, so long as that act was in force, and of section 5(1)(b) of the income-tax act, 1961, when that act commenced to operate. the attribution of the whole of that interest to the year of receipt is manifestly impossible.'17 ..... has, on several occasions, observed--which observations are reinforced by their lordships of the supreme court--that it is not advisable to rely upon english decisions in interpreting the indian income-tax act. we have already noticed the observations of subba rao j. (as he then was) in gajapathy naidu's case. in the same judgment, after referring to j. p. hall and .....

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Jul 03 1968 (HC)

Kishanlal Haricharan Vs. Income-tax Officer, A-ward

Court : Andhra Pradesh

Decided on : Jul-03-1968

Reported in : [1969]72ITR234(AP)

..... simple reason that it turns a blind eye to the true nature and effect of the order passed by the commissioner of income-tax under section 33a of the income-tax act, on august 31, 1955, and the consequential order passed by the income-tax officer, bombay, on january 29, 1963. even a bare reading of the commissioner's order shows that the revision was entertained by ..... assessment year 1950-51 was completed on october 30, 1953, wherein it was specifically mentioned that the assessment order was subject to rectification under section 35 of the income-tax act, 1922, as the share income belonging to the assessee in several firms including the firm of m/s. sriram haricharandas, bombay, were not available at that time.5. the assesment of the firm ..... firm preferred a revision application, r.p.c. no. 6 of 1955-56, under section 33a of the income-tax act, 1922, to the commissioner of income-tax, bombay, and the latter passed the following order on august 31, 1955 :' order under section 33a(2) of the income-tax act. this revision petition is in respect of the assessment made on the firm of sriram haricharandas of bombay ..... records relating g. i. no. k. 205/50-51 and quash the rectification order passed on march 16, 1965, by the respondent, namely, the income-tax officer, 'a' ward, nizamabad, under section 35(5) of the indian income-tax act, 1922.2. two grounds are taken in this writ petition and they are :(1) that inasmuch as the notice under section 35(5) of the .....

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Nov 14 1968 (HC)

Commissioner of Income-tax Vs. Nizam Sugar Factory Ltd.

Court : Andhra Pradesh

Decided on : Nov-14-1968

Reported in : [1969]74ITR647(AP)

..... of the said company as would have been from time to time allowed in calculating profits have to be calculated as if the british india income-tax act in force on the date of the agreement had been in force in hyderabad for the whole of the period of the agreement. it is ..... contention before thetribunal was that the words ' from time to time ' referred to the depreciation that would be allowed from time to time under the income-tax act and that if there are any changes in the types of depreciation deduction should be made accordingly. the tribunal in our view quite properly insisted on ..... the fixed assets and other assets of the said company, as would have been from time to time allowed in calculating profits, had the british india income-tax act (in force at the date hereof) been in force in hyderabad for the whole period of this agreement .....'4. on a prima facie reading of ..... in the manner it did, because it ignored the term which according to him emphasised that depreciation to be allowed is in accordance with the indian income-tax act in force from time to time. sri ramachandra rao, on the other hand, not only supports the interpretation given by the appellate tribunal, but contends ..... profits, which, under the agreement, were to be calculated in accordance with the depreciation on the fixed assets, etc., allowed under the british india income-tax act as in force on the date of the agreement, construed clause 2(b) as meaning that the depreciation, etc., has to be allowed in accordance .....

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Jul 16 1968 (HC)

Udipi Vasanta Vihar Vs. the Deputy Commercial Tax Officer

Court : Andhra Pradesh

Decided on : Jul-16-1968

Reported in : [1969]23STC6(AP)

..... , be said that this section does not affect vested rights but is merely a matter of procedure.14. in lakshminarayana chetty v. additional income-tax officer [1956] 29 i.t.r. 419, dealing with section 35 of the income-tax act relating to rectification of an assessment, it was pointed out by a bench of this court that as it enabled the authorities to correct ..... , b. ward, amritsar [1959] 37 i.t.r. 337, following lakshminarayana chetty and ors. v. additional income-tax officer, nellore [1956] 29 i.t.r. 419, that clause (5) of section 35 of the indian income-tax act, which was enacted by the income-tax (amendment) act, 1953, was not declaratory of pre-existing law, and as it clearly affected vested rights which had accrued to the assessee ..... by necessary implication makes it retrospective.15. in income-tax officer, v circle, madras v. habibullah [1962] 44 i.t.r. 809, this decision was approved by the supreme court where it was observed :in ..... an assessment it clearly affects vested rights which have accrued to the assessee and hence the well settled rule of construction precluded the court from construing the section as retrospective unless the act expressly or .....

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