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Judgment Search Results Home > Cases Phrase: income tax act Court: andhra pradesh Year: 1969 Page 1 of about 28 results (0.249 seconds)

Aug 19 1969 (HC)

Commissioner of Income-tax Vs. S. Krishna Rao

Court : Andhra Pradesh

Decided on : Aug-19-1969

Reported in : [1970]76ITR664(AP)

..... be said to be an expenditure of a capital character and does not therefore come within the negative aspect of clause (xv) of section 10(2) of the income-tax act.17. it was then contended by sri anaritha babu that the expenditure incurred cannot be said to have been incurred for the assessee's business. merely because he ..... 3. he claimed the expenditure which he had incurred for this foreign tour of rs 7,160 as an allowable deduction under section 10(2)(xv) of the income tax act. he contended that the tour was actuated by business considerations and contended that the trip had helped him to get acquainted with various developments in printing equipment and techniques ..... ,160 which was incurred by the assessee on his foreign tour was an allowable expenditure under section 10(2)(xv) of the indan income-tax act ?'2. the relevant facts are that the respondent is a hindu undivided family of which shri s. krishna rao is the manager. the joint hindu family owns ..... hold that the expenditure incurred by the assessee was a capital expenditure and ought not to have been allowed under section 10(2)(xv) of the income-tax act.9. now, in order to understand the implications of this contention, it is necessary to read section 10(1) and (2)(xv).'10. (1) the ..... gopal rao ekbote, j. 1. this is a reference made under section 66(1) of the income-tax act, 1922, and the question which we are called upon to consider is:'whether the appellate tribunal was justified in holding that the sum of rs. 5 .....

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Sep 12 1969 (HC)

Anantha Naganna Chetty Vs. the Commissioner of Income-tax, Andhra Prad ...

Court : Andhra Pradesh

Decided on : Sep-12-1969

Reported in : [1970]78ITR743(AP)

..... further stated at page 135:---'in our opinion the combined effect of section 28(3) and section 5(7-c) of the indian income-tax act is that the succeeding income-tax officer has a authority to pass an order upon the explanation of the assesee produced before his predecessor in office, if the assessee had ..... this case, we are not concerned with the provisions section 5(7-c), but the position seems to be as stated above, even under the income-tax act as it stood previous to the amendment.'it is therefore evident form the abovesaid extracts that the said case was not concerned with the construction of ..... . n order to provide a correct answer to this question, it is necessary to read section 28(3) and section 5(7-c) of the income-tax act, 1922.section 28(3):---no order shall be made under sub-section 910 or sub-section 920 unless the assessee or partner, as the case may ..... ) of the income-tax act. if the assessee had chosen to do so, he might have exercised his, statutory right under section 5(7-c) of the income-tax act, and required the succeeding income-tax officer to take a fresh explanation form him before making any order of ..... present case that the assesse did not make any demand for reopening the proceeding before sri v. jha, the succeeding income-tax officer under the first proviso to section 5(7-c) of the income-tax act. if the assessee had chosen to do so, he might have exercised his statutory right under section 5(7-c .....

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Sep 16 1969 (HC)

Addepally Nageswara Rao and Brothers Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Decided on : Sep-16-1969

Reported in : [1971]79ITR306(AP)

..... december 1, 1960, and treated as part of the deed of december 1, 1960. the assessee filed a declaration under section 184(7) of the income-tax act, 1961, for renewal of registration for the assessment year 1963-64. the tribunal refused registration on the ground that the clarification deed did not provide ..... wakf represented by the mutawalli as a partner, is no partnership in law and cannot be registered as a firm under section 26a of the indian income-tax act.'40. after having reached that conclusion that hoosen kasam dada, as a mutawalli of the two wakfs, was a partner with himself and other persons ..... arguments however which were advanced before us, we will briefly state the position in that behalf.56. it is not in doubt that the act (indian income-tax act) is a self-contained code exhaustive of the matters dealt with therein, and its provisions show an intention to depart from the common rule ..... gopal rao ekbote, j.1. this is a reference made to this court under section 66(1) of the indian income-tax act, 1922 (xi of 1922), hereinafter called the ' act ', and raises the following three questions :' (1) whether, in the facts and circumstances of the case, the assessee is entitled to ..... was concerned, that the guardian would be entitled to exercise his right of severance given to him under section 30 of the partnership act. the same view is held in commissioner of income-tax v. shah mohandas sadhuram, : [1965]57itr415(sc) .39. let us then examine the cases relied upon by the learned .....

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Dec 27 1969 (HC)

Commissioner of Income-tax Vs. B. Gopalakrishna Murthy

Court : Andhra Pradesh

Decided on : Dec-27-1969

Reported in : [1971]79ITR333(AP)

sriramulu, j.1. in this reference, made to this court at the instance of the commissioner of income-tax, andhra pradesh, hyderabad, under section 66(1) of the indian income-tax act, 1922 (hereinafter referred to as the 'act'), the following question of law arises for our consideration :' whether, on the facts and in the circumstances of the case, the gratuity of rs. 11 250 received by ..... , on his retirement from the life insurance corporation of india, in accordance with the staff regulations of 1960, is exempt from tax by virtue of the proviso to explanation 2 of sub-section (1) of section 7 of the indian income-tax act, 1922 '2. on his retirement from the life insurance corporation of india, the assessee, sri b. gopalakrishna murthy, in accordance with ..... the staff regulations of the life insurance corporation of india, received retirement gratuity of rs. 11,250 from his employers. the life insurance corporation of india deducted the tax at source on the payment of .....

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Aug 14 1969 (HC)

Commissioner of Income-tax Vs. Jeskaran Bhuvalka

Court : Andhra Pradesh

Decided on : Aug-14-1969

Reported in : [1970]76ITR128(AP)

..... came to rs. 3,06,000, was brought into the indian union. this explanation did not satisfy the income-tax officer. he, therefore initiated proceedings under section 34(1)(a) of the income-tax act, 1922 (hereinafter called 'the act'), with the prior approval of the commissioner of income-tax with notice dated march 26, 1956, which was served on the assessee on march 28, 1956. in the ..... assessment that was finally made in pursuance of the above notice on february 28, 1957, the income-tax officer included rs. 3,06,000 (in ..... material facts, or, in other words, that lack of full and true disclosure which would entitle action under section 34 of the act.14. thus, we find that in enunciating the basic principles in accordance with which an income-tax officer can invoke his jurisdiction under section 34 all the judges including the majority and the minority are agreed. the difference was ..... fully and truly all material facts necessary for his assessment for that year, income, profits or gains chargeable to income-tax have escaped assessment for that year, or have been under-assessed, or assessed at too low a rate, or have been made the subject of excessive relief tinder the act, or excessive loss or depreciation allowance has been computed, or (b) notwithstanding .....

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Dec 24 1969 (HC)

Commissioner of Income-tax Vs. Kesarimal Hirachand

Court : Andhra Pradesh

Decided on : Dec-24-1969

Reported in : [1971]81ITR693(AP)

..... judgment, after reviewing a good number of cases cited before the bench, held that there were no defects in the deed, which disentitled the firm from obtaining registration under the income-tax act. we have gone through that judgment carefully and we entirely agree with the correctness of the reasons given therein by the bench for coming to the above conclusion.19. in ..... 1960-61, and the assessee-firm for the assessment year 1961-62, the following two questions of law have been referred to this court by the income-tax appellate tribunal under section 66(1) of the income-tax act of 1922.2. for the assessment year 1960-61:'whether on a proper construction of the deed dated december 12, 1958, the assessee is entitled to ..... the first year and the assessee for the second year, the questions stared above havebeen referred to this court by the tribunal under section 66(1) of the indian income-tax act, 1922.11. on a proper construction of the relevant instruments of partnership, the minors, according to the assessee, were only admitted to the benefits of the partnership and were not ..... granting registration to the assessee-firm for both the assessment years erroneous and prejudicial to the interests of the revenue, the commissioner of income-tax under section 33b of the income-tax act, 1922, called for the files and, after due notice to and hearing the assessee, cancelled the registration for both the assessment years. the reasons given by him for the cancellation .....

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Sep 17 1969 (HC)

Commissioner of Income-tax Vs. Dhanrajgiriji Raja

Court : Andhra Pradesh

Decided on : Sep-17-1969

Reported in : [1970]77ITR318(AP)

..... business and the expenditure is, therefore, wholly and exclusively for the purpose of business; accordingly, it was held that the deduction was permissible under section 10(2)(xv) of the income-tax act of 1922. in this decision their lordships made a distinction between expenses incurred in defending an employee against a criminal prosecution and expenses incurred in defending an owner, or director ..... seized and taken away. the prosecution ended in an acquittal and the assessee claimed to deduct from the profits of his business under section 10(2)(xv) of the indian income-tax act, 1922, a certain sum spent on defending the case. it was held that the sum spent in defending the criminal proceeding was not an expenditure laid out or expended wholly ..... its editor and printer in proceedings for contempt of court. the company claimed that the expenditure thus incurred should be deducted under section 10(2)(ix) of the income-tax act in computing its assessable income. it was held that the expenditure in question was not incurred for the purpose of earning profits or gains and consequently was not allowable as a deduction under ..... by the assesses in connection with the criminal proceedings initiated and conducted by the government against shri ramgopal ganpatrai was an allowable deduction under section 10(2)(xv) of the income-tax act, 1922 ?2. if the answer to question no. (1) is in the affirmative, whether there is any basis for estimating such allowable part of expenditure at l/3rd of the .....

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Sep 05 1969 (HC)

Commissioner of Income-tax Vs. Challapalli Sugars Ltd.

Court : Andhra Pradesh

Decided on : Sep-05-1969

Reported in : [1970]77ITR392(AP)

..... v. state of madras, [1960] 40 i.t.r. 686 (mad.). that was a case relating to the agricultural income-tax. the assessee in his assessment to tax on his agricultural income from his plantation for the assessment year 1955-56 under the madras agricultural income-tax act, 1955, claimed deduction of the entire interest paid by him on monies borrowed for the purpose of purchasing plantation ..... this case arises on the construction of a few words of sections 10(2)(vi) and. 10(5) of the income-tax act relating to the computation of the income-tax and the deduction which can be made in such computation in respect of business income. it has so far evoked only a single judicial opinion, and, therefore, the soil in this respect seems to be ..... gopal rao ekbote, j.1. this is a reference made under section 66(1) of the income-tax act, 1922, and the question referred is :'whether the interest payment of rs. 2,38,614 represents an element of the actual cost of the machinery, plant, etc., to the assessee ..... . rejecting that claim, the madras high court held that the interest was not an allowable deduction under section 5(k) of the act as it was not an expenditure on the land .....

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Nov 05 1969 (HC)

Y. Rajan Vs. Income-tax Officer, (A) Ward

Court : Andhra Pradesh

Decided on : Nov-05-1969

Reported in : [1970]77ITR839(AP)

..... under article 226 of the constitution of india for the issue of a writ of prohibition prohibiting the respondent herein from reassessing the income of the petitioner as per the notice issued under section 148 of the income-tax act, 1961, the question that falls for consideration is: 'whether the respondent has jurisdiction to do so on the facts and circumstances ..... (a) or clause (b) he must have reason to believe that any income chargeable to tax has escaped assessment. the expression 'reason to believe' in section 34 (corresponding to section 147) of the income-tax act, does not mean a purely subjective satisfaction on the part of the income-tax officer. that belief must be held in good faith; it cannot be merely ..... also be deemed to be cases where income chargeable to tax has escaped assessment, namely :-- (a) where income chargeable to tax has been under-assessed ; or (b) where such income has been assessed at too low a rate ; or (c) where such income has been made the subject of excessive relief under this act or under the indian income-tax act, 1922 (11 of 1922); or (d ..... ) where excessive loss or depreciation allowance has been computed. explanation 2.-- production before the income-tax officer of accountbooks or other evidence from which material evidence could with duediligence have been discovered by the income-tax officer will not necessarilyamount to disclosure within .....

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Jul 21 1969 (HC)

Valivetti Sriramulu Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Decided on : Jul-21-1969

Reported in : [1970]76ITR551(AP)

..... of the appeal in the light of the answer given by this court. he drew our attention to the following observation, in esthuri aswathiah v. commissioner of income-tax:'section 66(5) of the indian income-tax act, 1922, requires the tribunal on receiving a copy of the judgment of the high court to pass such orders as are necessary to dispose of the case ..... kuppuswami, j.1. the assessee is doing business in salt at chinaganjam in bapatla taluk. in response to a notice under section 22(2) of the income-tax act, 1922, he filed a return disclosing an income of rs. 17,347 from business for the assessment year 1948-49. during the course of the assessment, he filed a petition dated november 19, 1951, making a ..... where a reference was made to the rule of the high court requiring that these orders and the records before the income-tax officer have to be printed in a paper book in a reference under section 66 of the income-tax act and to the fact that the documents and proceedings annexed to the statement of case are annexed for consideration of the high ..... own words, briefly it may be, the reasons for their decision, it cannot be said that the tribunal acted arbitrarily and fixed the figure of rs. 20,000. we have gone through the order of the income-tax officer and the appellate assistant commissioner. the income-tax officer has given detailed reasons for making the additions under each head and in respect of those additions .....

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