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Judgment Search Results Home > Cases Phrase: income tax act Court: andhra pradesh Year: 1988 Page 1 of about 89 results (0.051 seconds)

Aug 05 1988 (HC)

Commissioner of Income-tax Vs. Chitra Kalpa

Court : Andhra Pradesh

Decided on : Aug-05-1988

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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Aug 17 1988 (HC)

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

Court : Andhra Pradesh

Decided on : Aug-17-1988

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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Feb 17 1988 (HC)

Food Specialities Ltd. Vs. the State of Andhra Pradesh

Court : Andhra Pradesh

Decided on : Feb-17-1988

Reported in : [1989]73STC95(AP)

..... , and several other benefits in various forms to new industries, industries in a particular sector, and industries established in particular areas, is a well-accepted feature of indian economy. the income-tax act contains several such benefits/concessions. there are several g.os. of the central and the state governments granting several types of subsides to various industries. in the circumstances, therefore, it ..... 5 per cent at the point of first sale in the state, as per entry 44 of the first schedule to the a.p. general sales tax act. 2. the petitioner. food specialities ltd., is engaged, inter alia, in the manufacture and marketing of baby milk foods under two brand names, 'lactogen infant formula', and 'lactogen full protein ..... interest). - (1) the state government may, by notification in the andhra pradesh gazette, make an exemption, or reduction in rate, in respect of any tax or interest payable under this act - (i) on the sale or purchase of any specified class of goods, at all points or at any specified point or points in series of sales or purchases by successive ..... of india : 1960crilj671 , and jalan trading company v. mill mazdoor sabha : (1966)iillj546sc ). it is a power conferred upon the governments by various taxing enactments to provide for, and meet various types of situations not contemplated by the act. under clause (i) of sub-section (1) of section 9, it is open to the state government to exempt, either partly or wholly .....

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Aug 12 1988 (HC)

Panama Petroleum Products Vs. Appellate Deputy Commissioner (Commercia ...

Court : Andhra Pradesh

Decided on : Aug-12-1988

Reported in : [1990]76STC280(AP)

..... 1969] 71 itr 815 : air 1969 sc 430. in this case the right of appeal was given to the income-tax appellate tribunal under section 254 of the income-tax act, 1961. but the other provisions of the act were silent as to what orders it can pass during the pendency of an appeal. the supreme court took the view ..... under section 28, sub-section (6) of the act, there is no provision as to what the appellate authority should do by way of interim relief during the pendency of appeal before it. 6. a similar problem came before the honourable supreme court in the case of income-tax officer, cannanore v. m. k. mohammed kunhi [ ..... and consequently directed the seizure under section 28(6) read with rule 48(1) of the a.p. general sales tax act and for appropriate action thereto. in view of this order of confiscation the commercial tax officer fixed 17th august, 1988, for auction of the goods. 4. the petitioner, aggrieved by the order of confiscation ..... division, hyderabad, dismissing an application for stay filed before it on the ground that since there is no provision in the a.p. general sales tax act, 1957, it has no powers to stay the auction proceedings. 3. the appeal before the appellate authority arose in the following circumstances. in purported ..... no such power. 5. various types of orders are liable to be passed under various provisions of the a.p. general sales tax act, 1957, like the order of assessment, reassessment, etc. there are orders which are liable to be passed under section 28 of the .....

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Jun 23 1988 (HC)

The State of Andhra Pradesh Vs. Mayur Crystal Palace

Court : Andhra Pradesh

Decided on : Jun-23-1988

Reported in : [1989]72STC147(AP)

..... are provided under section 147 of the income-tax act, 1961, are not provided in sub-section (4) of ..... 4) of the andhra pradesh general sales tax act. the learned counsel pointed out that the restrictions which ..... this court in fatechand and sons v. commercial tax officer [1983] 54 stc 166 is ex facie inconsistent with the language of section 14(4) of the act and that he learned judges have incorrectly applied the principle obtaining under section 147 of the income-tax act, 1961 to a case arising under section 14( ..... section 14. he relied upon the decisions of the madras high court and kerala high court rendered with the reference to similar language in madras and kerala acts. viz., yercaud coffee curing works ltd. v ..... case is whether glass chandeliers can be brought within entry 123 of the first schedule to the andhra pradesh general sales tax act as it stood at the relevant time. the assessment year concerned herein is 1979-80. at that time, entry 123 of .....

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Jun 14 1988 (HC)

Hmt Bearing Limited Vs. Commissioner of Income-tax and anr.

Court : Andhra Pradesh

Decided on : Jun-14-1988

Reported in : (1988)73CTR(AP)243; [1988]173ITR597(AP)

..... to rs. 65,33,655. finally, the order says : 'the assessee filed the return under section 139(4). as the return is not filed under section 139(3) of the income-tax act, the loss determined is not allowed to be carried forward as per the supreme court decision in the case of manmohan das : [1966]59itr699(sc) . ..' 2. the purport of this ..... petition is directed against the judgment and order of the commissioner of income-tax, andhra pradesh-i, hyderabad, on a revision petition filed by the petitioner under section 264 of the income-tax act. the facts leading up to the present stage, as found recorded in the orders of the authorities under the act, are as follows : the petitioner, 'hmt bearings ltd. ', is a corporation owned ..... june 16, 1984, in so far as it rejected the petitioner's plea to carry forward the loss, the petitioner filed a revision under section 264 of the act before the commissioner of income-tax. two contentions were urged by the petitioner before the commissioner, viz., (i) that, having accepted the return in pursuance of the order dated july 9, 1981, under section ..... forward the loss is not sustainable in law. 4. having entertained the revision, the commissioner issued a notice to the petitioner under section 263 of the act to show cause why the order of the income-tax officer, in so far as it allowed the petitioner to carry forward the unabsorbed depreciation should not be revised. the petitioner filed its objections after considering .....

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Jun 27 1988 (HC)

Commissioner of Income-tax Vs. D.B.R. Mills Ltd.

Court : Andhra Pradesh

Decided on : Jun-27-1988

Reported in : (1988)72CTR(AP)148; [1988]174ITR442(AP)

..... tribunal, hyderabad, has stated the following question for our opinion under section 256(1) of the income-tax act, 1961 : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in ..... liabilities do not constitute expenditure and cannot be the subject-matter of deduction even under the mercantile system of accounting. expenditure which was deductible for income-tax purposes is towards a liability actually existing at the time but setting apart money which might become expenditure on the happening of an event is not ..... the year by virtue of the approval granted by the commissioner of income-tax to the gratuity fund; it is true that the assessee has not made a provision in its books, but since the law does not provide ..... rejected both under section 40a(7) as well as section 36(1)(v). on appeal, the appellate assistant commissioner agreed with the reasoning of the income-tax officer and dismissed the appeal. on further appeal, however, the tribunal took a different view. it held that the liability towards gratuity has crystallized during ..... assessee created a trust for gratuity fund for the benefit of employees on november 26, 1975, and applied for recognition which was granted by the commissioner of income-tax, andhra pradesh, on march 25, 1976, with effect from december 1, 1975. the assessee also got its actuarial liability determined through an actuary, sri. .....

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Aug 01 1988 (HC)

Commissioner of Income-tax Vs. Hotels (Andhra) P. Ltd.

Court : Andhra Pradesh

Decided on : Aug-01-1988

Reported in : [1989]175ITR295(AP)

..... . 5-it. ii(88)/63, dated 4th/6th november,1965, was, inter alia, intended to cover the benefit under sections 80b(7)/80j(6) of the income-tax act, 1961. hence, the letter of even number dated 9th march, 1978, may please be treated as cancelled.' 7. the letter dated october 26,1978, addressed by ..... , holds : 'primarily, the hotel was not approved by the central government for purposes of sections 80j, 32(1)(v) and 33(1)(b) of the income-tax act, secondly, there was no corresponding decision given by the andhra pradesh high court. since the hotel is not approved, the assessee is not entitled to any section 80j ..... 1965, was, inter alia, intended to cover the benefits under section 32(1)(v)/33(1)(b)(b)(ii)/80b(7), 80j(6)(d) of the income-tax act, 1961.' 4. under these circumstances, the relief to the hotel, which was initially an assessee and also was given due relief in respect of additional depreciation as ..... , as under : 'sub : - approval for the purpose of sections 32(1)(v) and 33(1)(b)(b)(ii), 80b and 80j(6)(d) of the income-tax act, 1961 - hotel sun-n-sea, visakhapatnam. dear sir, i am to refer to your letter dated the 25the february, 1975, on the above subject and to clarify ..... tribunal is justified in holding that the assessee is entitled to the benefit of the allowances under sections 32(1)(v) and 33(1)(b) of the income-tax act, 1961 ?' 2. the question to be answered becomes very easy if the correspondence that ensued between the assessee and the department of tourism is carefully gone .....

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Apr 25 1988 (HC)

Commissioner of Income-tax Vs. J.B. Lohada

Court : Andhra Pradesh

Decided on : Apr-25-1988

Reported in : [1988]174ITR318(AP)

..... could not be considered as a revenue receipt (2) whether, on the facts and in the circumstances of the case, the provisions of section 28(ii) of the income-tax act, 1961, are not applicable to the facts of the case (3) whether, on the facts and in the circumstances of the case, the amount of rs. 2 ..... lakhs in the individual assessment of the assessee. according to him, the said amount constituted the assessee's income by virtue of clause (ii) of section 28 of the income-tax act. he overruled the contention of the assessee that it represented a capital receipt in his hands. he noticed further that the assessee had ..... tribunal, hyderabad, has referred the following five questions under section 256(2) of the income-tax act, 1961. they are : '(1) whether, on the facts and in the circumstances of the case, the amount of rs. 2 lakhs received by the ..... of hyderabad in pursuance of an agreement dated november 3, 1969, towards liquidated damages but that the said sum belongs to him in his individual capacity. the income-tax officer, alerted by the said entry in part iii of the return filed by the hindu undivided family, sought to include the said sum of rs. 2 ..... adopted as the assessment year by the assessee, the same accounting year would also be taken as the previous year for other heads of income, if any, unless the assessee indicates otherwise and the income-tax officer accepts the same. in this case, the assessee never indicated that he wishes to have any other previous year for .....

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Jun 07 1988 (HC)

Commissioner of Income-tax Vs. Barium Chemicals Ltd.

Court : Andhra Pradesh

Decided on : Jun-07-1988

Reported in : [1989]175ITR243(AP)

..... income accruing to the non-resident company at pounds 2,000 and held 'in the instant case, ..... the assessment year 1968-69, the assessee-company remitted certain amounts to the foreign company. no tax was deducted at source by the assessee-company as required under section 195 of the income-tax act. for that reason, the income-tax officer added the tax component and worked out the total taxable income at a particular figure. on appeal, the appellate assistant commissioner determined the ..... tribunal, hyderabad has referred the following question under section 256(1) of the income-tax act, 1961 : 'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in holding that the question of assessing the tax perquisite in the hands of the indian company in its capacity as the agent of the non-resident ..... remit to the foreign company certain amounts 'without any deductions for taxes or otherwise'. this contract is clearly in the teeth of section 195 of the income-tax act, which obligates every person paying any sum, chargeable under the provisions of the act to a non-resident (foreign company) to deduct the tax on such amount at the prevailing rates. 6. now, the .....

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