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Judgment Search Results Home > Cases Phrase: income tax act Court: andhra pradesh Year: 1978 Page 2 of about 52 results (0.054 seconds)

Feb 06 1978 (HC)

The State of A.P. Vs. Lalitha Oil Mills and ors.

Court : Andhra Pradesh

Decided on : Feb-06-1978

Reported in : [1978]42STC169(AP)

..... case where the scope of revisional powers conferred upon a deputy commissioner under a different enactment is to be considered. section 256(2) of the income-tax act does not confer any revisional jurisdiction on this court. that was not a case where any question was referred to the high court on the basis ..... 1977] 109 i.t.r. 484. that was a case where an application was filed in this court under section 256(2) of the income-tax act to direct the tribunal to refer the question of law to the high court. the learned judges rejected the application on the ground that the correctness ..... t.r. 1 (s.c.) only deals with the meaning of the expression 'information' occurring in section 34(l)(b) of the indian income-tax act, 1922. the supreme court held that the word 'information' would include information as to the true and correct state of the law and ..... state of kerala v. m. appukutty [1963] 14 s.t.c. 242 (s.c.), in which similar provisions relating to the madras general sales tax act came up for consideration, the deputy commissioner while exercising revisional jurisdiction would be restricted to the examination of the record for determining whether the order of ..... the deputy commissioner, in exercise of his revisional powers under section 20(2) of the andhra pradesh general sales tax act, hereinafter referred to as 'the act', after following the procedure prescribed, brought this turnover to tax on the basis of a subsequent decision of the supreme court in sri venkateswara etc. oil mill v. state .....

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Jul 28 1978 (HC)

United India Fire and General Insurance Co. Ltd. Vs. Maddali Susheela ...

Court : Andhra Pradesh

Decided on : Jul-28-1978

Reported in : [1983]53CompCas269(AP)

..... ac 107 the learned judge stated at p. 170 of the report thus:'we must, therefore, construe the provisions of the indian income-tax act as forming a code complete in itself and exhaustive of the matters dealt with therein, and ascertain what their true scope is:the ..... 1922 (p. 169 of 30 itr):'the act is, as stated in the preamble, one to consolidate and amend the law relating to income-tax.'52. after referring to the rule of construction to be applied to such a statute ..... etc., as specified against columns 1 to 26 therein. it provides for furnishing of information by the applicant regarding the name, address, age, occupation, monthly income of the person injured or dead ; name and address of the owner of the vehicle, insurer of the vehicle, of the employer of the deceased, of ..... venkatarama ayyar, speaking for the supreme court observed, referring to the indian i.t. act, ..... to these are consolidating acts, the object of which is to consolidate in one act the provisions contained in a number of statutes...they may be regarded as acts codifying the statutes law upon a subject as opposed to other forms of law....'51. in ravulu subba rao v. cit : [1956]30itr163(sc) , justice .....

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Aug 04 1978 (HC)

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

Court : Andhra Pradesh

Decided on : Aug-04-1978

Reported in : [1983]139ITR517(AP)

..... tribunal was right in disallowing rs. 2,00,000 as a deduction under section 10(2)(xv) of the indian income-tax act ?' 42. the high court answered the question in the affirmative and, therefore, an appeal was filed in the supreme court. on the construction of the several provisions of the deed ..... ltd. : [1951]19itr191(sc) in which it is laid down that the jurisdiction of the high court in the matter of income-tax references made by the tribunal under the indian i.t. act is an advisory jurisdiction and under the act the decision of the tribunal on facts is final unless it can be successfully assailed on the ground that there was no ..... a reference to the high court under both the i.t. act and the w.t. act, it was argued for the commissioner that if the gifts were void, then title to the amount of rs. 4 lakhs remained vested in the assessee and, therefore, he was liable to pay income-tax. the high court held that the interest accruing on the gifted amount ..... accrue to the assessee-family for income-tax purpose, on either view whether the gift of rs. 4 lakhs was void or voidable because the entire sum of rs. 4 lakhs had passed into the hands of other persons and they were earning income from that amount and not the assessee. the i.t. act taxes the person whose income it is and not the person .....

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Jun 07 1978 (HC)

Commissioner of Income Tax Vs. M/S. Deccan Automobiles.

Court : Andhra Pradesh

Decided on : Jun-07-1978

Reported in : (1979)10CTR(AP)1

..... of the returns. at a later stage, on the basis of a note sent by the internal audit party of the income-tax department, the income-tax officer reopened the assessments u/s 147 of the income-tax act and made a single assessment for the assessment year 1969-70 purporting to be u/s 143(3) read with s. ..... of the partners, m. r. patel, on 13-5-1968 and the latter firm succeeded to the earlier one in terms of s. 188 of the income-tax act and it was not a case of change in constitution as envisaged in s. 187. the appellate assistant commissioner did not accept the contentions of the assessee ..... , the audit partys note cannot be considered as information so as to enable the ito to reopen the assessment u/s 147(b) of the income tax act. for the above reasons the appellate tribunal that the assessment made by the ito u/s 147(b) was without jurisdiction and therefore invalid in ..... fall under s. 147(a), but falls u/s 147(a), but falls u/s 147(b) of the income-tax act. the audit note constituted information so as to give jurisdiction to the income-tax officer for reopening the assessment u/s 147(b). the appellate assistant commissioner rejected the second contention also on merits with ..... maintained that it was a change in the constitution of the firm as envisaged in s. 187 of the income-tax act. thus, both the contentions were rejected.3. the assessee preferred an appeal to the income-tax appellate tribunal, before which the following points were raised :1. the assessment described as one made u/s 143 .....

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Feb 28 1978 (HC)

Bharat Heavy Plate and Vessels Ltd. Vs. Addl. Commissioner of Income-t ...

Court : Andhra Pradesh

Decided on : Feb-28-1978

Reported in : (1979)9CTR(AP)4; [1979]119ITR986(AP)

..... tribunal was right in holding that the applicant was an agent of m/s. skoda export, praha, czechoslovakia, a non-resident, within the meaning of section 163(1) of the income-tax act, 1961, for each of the assessment years 1969-70, 1970-71, 1971-72 and 1972-7 ?(2) whether, on the facts and in the circumstances of the case, there is ..... the assessee-company thereby attracting the provisions of s. 9(1)(i) and s. 163(1) of the i. t. act, 1961. the contention of the assessee that there was no business rejected by the aac. on further appeal to the income-tax appellate tribunal, the order of the aac that the non-resident company had business connection with the assessee within the ..... meaning of s. 163(1) and s. 9(1)(i) of the i. t. act, 1961, was confirmed. thereupon, an application was made by the assessee to the ..... is a resident or non-resident. if the agent of a non-resident receives that income or is entitled to receive that income, it may be taxed in the hands of the agent by the machinery provision enacted in section 40(2). income not taxable under section 4 of the act of a non-resident becomes taxable under section 42(1) if there subsists a .....

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Jan 27 1978 (HC)

Terla Veeraiah Vs. Commissioner of Income-tax, A.P.

Court : Andhra Pradesh

Decided on : Jan-27-1978

Reported in : (1979)8CTR(AP)93; [1979]120ITR502(AP)

..... and in the circumstances of the case, the interest credited to shri terla veeraiah individual account is to be disallowed under section 40(b) of the income-tax act, 1961 ?'the facts giving rise to this reference are these : the assessee is one m/s. terla veeraiah and the assessment year is 1972-73 ..... the account of the huf. hence, it was held that s. 40(b) was attracted and the interest paid was not deductible from the income of the assessee-firm. as already noticed the facts here are different. two separate accounts were maintained from the beginning by the assessee, one huf ..... is difficult to hold that the properties inherited by terla veeraiah from his father, terla parasuramulu, must be assessed as an individual or that the income therefrom must be assessed in the hands of veeraiah in the status of an individual. it is on those findings that the tribunal considered the question ..... succeeded to parasuramulus properties including the capital standing to his credit in the firm. veeraiah was being assessed as a huf in respect of the share income from the partnership firm. the account standing in the name of parasuramulu and inherited by his son veeraiah was put in a separate account. so ..... holding that s. 40(b) comes into operation. section 40(b) of the i.t. act says :'notwithstanding anything to the contrary in section 30 - 39 , the following amounts shall not be deducted in computing the income chargeable under the head profits and gains of business or profession, - ......(b) in the case .....

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Feb 27 1978 (HC)

Commissioner of Income Tax Vs. G. R. Mukundas Malani and Sons.

Court : Andhra Pradesh

Decided on : Feb-27-1978

Reported in : AIR1979AP234; (1979)8CTR(AP)96

s. obul reddi, c.j. - the following question has been referred to this court u/s 256(1) of the income-tax act, 1961 at the instance of the revenue.2. the assessee is a registered firm deriving income as a dealer in cloth. for the assessment year 1972-73 corresponding to diwali year ending with 18-10-1971, the assessee showed a loss of rs. 10,051/- on a turnover of rs. 1,23,008/- in respect of its transactions with m/s. d.b.r. mills ltd. hyderabad. this loss included an amount of rs. 18,620/- representing compensation paid for cancellation of a contract to purchase 205 bales of cloth from the mill. it is not necessary for us to refer to the facts in detail in view of the finding of fact ultimately recorded by the tribunal, in paragraph 7 of its order, recorded :-'we are also of the same view and we hold that the loss incurred by the assessee not having been shown to be a loss from speculation business it has to be treated as a loss arising in the course of assessees regular business.'3. in view of the finding recorded by the tribunal on the facts, we must hold that the loss is a business loss in the course of regular business. we, therefore, answer the question in the affirmative and against the revenue. no costs. advocates fee rs. 250/-.

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Jan 17 1978 (HC)

M.A.E.K.K. Varma and ors. Vs. Central Board of Direct Taxes and ors.

Court : Andhra Pradesh

Decided on : Jan-17-1978

Reported in : [1981]129ITR31(AP)

..... 1, 1st floor, n. t. r. estate, and on all the occasions the petitioners and their authorised representative, sri u.v. subba rao, were heard in connection with their income-tax, wealth-tax and gift-tax matters in the room of the ito, special circle-iii,n. t. r. estate, except on one occasion, i. e., on october 27, 1975, when the petitioners' chartered ..... the ito, j-ward, circle i, hyderabad. the petitioners are closely related to one another. while so, the commissioner of income-tax, andhra pradesh, hyderabad, constituted a new circle called ' income-tax officer, special circle iii, hyderabad ' under section 124(1) of the i.t. act, 1961, by his notification dated 3rd november, 1973. that notification came into effect from 5th november, 1973. on the ..... the petitioner. 4. it is not disputed that the commissioner has jurisdiction to create additional circles. in this case, the commissioner has created the circle of ' the income-tax officer, special circle-ill, hyderabad ' under section 124(1)of the i.t. act on 3rd november, 1973. on the same date byanother order the commissioner has directed under section 124(1) of the ..... same date heissued an order under section 124(1) of the i.t. act, 1961, directing that the ito, special circle .....

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Sep 08 1978 (HC)

Ashok Enterprises Vs. Commissioner of Income-tax and ors.

Court : Andhra Pradesh

Decided on : Sep-08-1978

Reported in : [1981]127ITR577(AP)

..... matter on behalf of the revenue, which he has done. now, we have had the benefit of hearing both sides.2. the assessee to income-tax had filed this writ petition, seeking a mandamus declaring the order of the cit, andhra pradesh-iii, hyderabad, in his proceedings dated march 25, 1978, null and void and to direct the iac, range-ill, hyderabad, and ..... with the matter under section 273a of the act.4. however, the assessee had also filed applications before the second and third respondents for making fresh assessments and they are now pending. realising the wrong remedy which he had ..... , respectively. varying amounts of penal interest were levied on the assessee in respect of those three years. the assessee himself mistakenly preferred a revision to the cit, andhra pradesh-iii, hyderabad, under section 273a of the i.t. act. why we have stated that he has mistakenly chosen the remedy is that the above provision was inserted by the taxation laws (amendment ..... ) act, 1974, with effect from october 1, 1975. we have already noted that the penal interest had been levied much earlier. consequently, the commissioner did not have any jurisdiction to deal .....

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Feb 23 1978 (HC)

P. Satyanarayana Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Decided on : Feb-23-1978

Reported in : [1979]116ITR803(AP)

..... of carrying on of business in a particular year will also come under that category and will naturally enter into computing the net total income as the real profits chargeable to tax cannot be arrived at without setting off of legitimate trading loss.'13. devi films private ltd.'s case : [1970]75itr301(mad) ..... and is, therefore, a trading loss. mr, anjaneyulu, however, conceded before us that he is not putting his case under section 36(2) of the act.17. we, therefore, answer the first part of the question in the affirmative and in favour of the assessee. there will be no order as to ..... course of business, any compensation received for its termination would be a revenue receipt, irrespective of whether its performance was to consist of a single act or a series of acts spread over a period.10. in indore malwa united mills ltd. v. state of madhya pradesh : [1965]55itr736(sc) , the question arose ..... . if that is established, then the deduction must be allowed, provided of course there is no prohibition against it, express or implied, in the act.'8. it is the case of the assessee here that it is an accepted commercial practice which accords with the trading principles that distributors do enter ..... loss sustained by a business by reason of embezzlement by an employee or agent is an admissible deduction under section 10(2)(xi) of the 1922 act. that was a case where deduction was claimed on the ground that the employee misappropriated the moneys belonging to the assessee. the learned judges, dealing .....

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