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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: andhra pradesh Year: 2012 Page 1 of about 98 results (0.052 seconds)

Dec 31 2012 (HC)

Novopan India Ltd Vs. the Commissioner of Income Tax, A.P. Hyd

Court : Andhra Pradesh

Decided on : Dec-31-2012

..... with effect from 1.4.1986. order : ( per sri msr, j ) this reference has been made by the income tax appellate tribunal, hyderabad-a bench, hyderabad under section 256 (1) of the income tax act, 1961 ( for short "the act") for the opinion of this court on the following question of law arising out of its order dated 13.10.1995 in ita no.687/hyd ..... the hon'ble sri justice goda raghuram and the honb'ble sri justice m.s ramachandra rao rc no.58 o 31. 12-2012 novopan india ltd the commissioner of income tax, a.p. hyderabad and others counsel for the petitioner : counsel for the respondents: : : ?cases referred:1. air 196.sc 125.2 sub sections (3a) to (3d) of section 37 were ..... /91 for the assessment year 1985-86 i.e. "whether on the facts and in the circumstances of the case, the hon'ble income tax appellate tribunal, hyderabad is ..... assessing officer's treatment of "daily allowances" as falling in the same category as "payments to hotels". aggrieved by the later portion of the order of cit (appeals), as mentioned above, the assessee filed ita no.687/hyd/91 to the income tax appellate tribunal, hyderabad a bench, hyderabad. by order dated 13.10.1995, the said appeal was dismissed holding that the .....

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Dec 20 2012 (HC)

The Commissioner of Income Tax-ii, Hyder Vs. Syed Ali Adil

Court : Andhra Pradesh

Decided on : Dec-20-2012

..... m.s.ramachandra rao): this appeal is filed under section 260-a of the income tax act, 1961 (for short 'the act') by the revenue challenging the order dated 09-09-2011 in i.t.a.no.284/hyd/2011 of the income tax appellate tribunal, hyderabad bench "b", hyderabad.2. the respondent is an individual assessee ..... section 54 for both the flats purchased by him.6. challenging the same, the revenue filed i.t.a.no.284/hyd/2011 to the income tax appellate tribunal. by order dt.09-09-2011, the tribunal dismissed the appeal of the revenue on the ground that it had consistently taken the ..... revenue has filed the present appeal.8. heard sri b.narasimha sarma, learned standing counsel for the income tax department at the stage of admission.9. he contended that the deduction under section 54 of the act is allowable only for one residential house and not for more than one residential house and that the ..... , circle-vi (1), hyderabad admitting therein a net income of rs.43,97,840/-. the said return was processed under section 143 (1) of the act on 24-02-2009. meanwhile, the case was taken up for scrutiny ..... . he filed his return of income for the assessment year 2007-08 on 31-08-2007 with the assistant commissioner of income tax .....

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Dec 17 2012 (HC)

Andhra Pradesh State Seed Certification Vs. the Chief Commissioner of ...

Court : Andhra Pradesh

Decided on : Dec-17-2012

..... propose to amend the law to exclude the aforesaid cases. genuine charitable organizations will not in any way be effected." a proviso to clause (15) of section 2 of the income tax act, 1961 which defines the term "charitable purpose" to the following effect was added by way of amendment: "(15) "charitable purpose" includes ... provided that the advancement of any other object of ..... of the minister of finance on 29-02-2008 while proposing amendment to the term "charitable purpose" defined in section 2 (15) of the income tax act which was subsequently passed by the parliament vide the finance (no.2) act, 2009 (act 33 of 2009) by section 3 (a) (with retrospective effect from 01-04-2009. in the said speech, it was observed by the ..... trade, commerce or business, for a cess or fee or any other consideration, irrespective of the nature of use or application, or retention, of the income from such activity:" 16. a reading of the above provisions of the income tax act show that income received by any person on behalf of an institution established for "charitable purpose" (as defined in section 2 (15) of the ..... s.ramachandra rao) the petitioner herein challenges the order dated 31-03-2011 of the chief commissioner of income tax, hyderabad-iii (1st respondent), rejecting the application dated 22-03-2010 filed for approval under section 10 (23) (c) of the income tax act, 1961 (for short "the act") for the assessment year 2010-11.2. the petitioner is the andhra pradesh state seed certification agency .....

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Dec 11 2012 (HC)

M/S.Pbr Select Infra Projects Plot No.22 Vs. the Commissioner of Tende ...

Court : Andhra Pradesh

Decided on : Dec-11-2012

..... the partners are specified in that instrument. from this, it can be construed that the firm is a legal entity only for the purpose of assessment under the provisions of income tax act. as rightly pointed out by the learned single judge there is no prohibition to make use of the pan card and itrs filed by the firm for the purpose of ..... v. engineer-in-chief, r & b, hyderabad (1 supra) and on a consideration of the legal relationship between the partners and section 184 of the income tax act, was of the view that the filing of the income tax return and the pan card standing in the name of the firm of which the petitioner is the managing partner, would amount to compliance of the ..... the learned single erred in holding that respondent no.3 can make use of the returns even though the individual partners are liable for getting their individual incomes separately assessed under section 10 of the income tax act. the learned single judge heavily placed reliance on clause 6 of the unregistered partnership deed and did not consider that the firm is a legal entity ..... itrs pertaining to m/s meher engineering, a partnership firm of which he is only a managing partner. for the purpose of income tax act, 1961 the partnership firm has a separate legal existence by virtue of section 184 of the income tax act, therefore, respondent no.3 who filed the tender in his individual capacity cannot utilize the pan and itrs of the partnership firm .....

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Nov 27 2012 (HC)

Dr.D.Siva Sankara Rao Vs. Income Tax Officer, Ward-2, Eluru

Court : Andhra Pradesh

Decided on : Nov-27-2012

..... hon'ble sri justice m.s.ramachandra rao): this appeal is filed under section 260-a of the income tax act, 1961 (for short 'the act') by the assessee challenging the order dated 16-03-2007 in i.t.a.no.8/vizag/2006 of the income tax appellate tribunal, "smc", visakhapatnam relating to the assessment year 2002-2003.2. the kartha of the appellant/assessee ..... the assessing officer, was not satisfactory. it is well settled that in view of section 68 of the act, where any sum is found credited in the books of the assessee for any previous year, the same may be charged to income tax as the income of the assessee of that previous year, if the explanation offered by the assessee about the nature and ..... , in the opinion of the assessing officer, satisfactory, the sum so credited may be charged to income tax as the income of the assessee of that previous year." 14. in cit vs. p.mohanakala4, at para 16, page 28, the supreme court while interpreting section 68 of the act observed as under: "16. the question is what is the true nature and scope of section ..... been converted into fish ponds.8. aggrieved thereby, the assessee has filed this appeal under section 260-a of the act.9. heard sri a.v.a.siva kartikeya, learned counsel for the appellant and the learned standing counsel for the income tax department.10. the counsel for the appellant contended that the order of the i.t.a.t. is contrary to .....

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Oct 16 2012 (HC)

M/S. Pbr Select Infra Projects, Represented by Its Partner P. Bhaskar ...

Court : Andhra Pradesh

Decided on : Oct-16-2012

..... a partnership firm of which he is only a managing partner. the learned senior counsel further submitted that for the purpose of income tax act, 1961 (for short "the act") a partnership firm has a separate legal existence by virtue of section 184 thereof and that therefore respondent no.3 who has filed ..... that he should be an assessee. the proof in respect of such fact could be shown only by producing the latest income tax return. with the filing of the income tax return and the pan card standing in the name of the firm of which the petitioner is the managing partner, the ..... of clause 3.3b of nits is treated as substantive in nature and construed literally, the petitioner complied with the said condition by filing the income tax return of the firm. the rejection of technical bid cannot therefore be sustained even from this perspective. the above finding is a complete answer ..... conceded that a partnership firm has no independent legal existence, i do not see any justification whatsoever in respondent no.2 not considering the income tax return filed in the name of the firm of which admittedly the petitioner is the managing partner. respondent no.2 seems to be obsessed with ..... no.3 has not satisfied the two mandatory conditions, namely, filing of pan card and proof of the latest income tax returns (itrs) in his name and also the value added tax (vat) registration and the latest clearance thereof. while elaborating his submissions, the learned senior counsel argued that respondent no.3 .....

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Oct 16 2012 (HC)

M/S. Pbr Select Infra Projects,represent Vs. the Commissioner of Tende ...

Court : Andhra Pradesh

Decided on : Oct-16-2012

hon'ble sri justice c.v. nagarjuna reddy w.p.no.19517 o 16. 10-2012 m/s. pbr select infra projects,represented by its partner p. bhaskar reddy the commissioner of tenders,hyderabad and another head note: counsel for petitioner : sri c.v. mohan reddy for sri p. ananth nageswar rao counsel for respondent nos.1 and 2 : government pleader for irrigation and command area development counsel for respondent no.3 : sri vemulapalli prasad rao ?cases referred:1. 2008(1) alt 71.2. (1990) 2 scc 48.3. air 197.s.c.

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Oct 12 2012 (HC)

Alladi Narasimha Rao, S/O.Late Sri Alladi Yadagiri and Others Vs. M/S. ...

Court : Andhra Pradesh

Decided on : Oct-12-2012

..... the complicity of a2 to a6 and a8 only in the matter. 13. in commissioner of income tax, bombay v indira balkrishna (air 1960 sc 1173 : (1960) 3 scr 513) while dealing with section 3 of the income tax act, 1922 it was held that the word associate means, according to the oxford dictionary, ..... to join in common purpose. therefore, an association of persons must be one in which two or more persons join in a common purpose or common action, and as the words occur in the section which imposes a tax on income ..... on the file of the court of i additional chief metropolitan magistrate, hyderabad registered for offence punishable under section 138 of the negotiable instruments act, 1881 (the act) in respect of dishonour of a cheque. 2. whereas the petitioners herein are a1 to a8 the second respondent herein is the complainant ..... , the association must be one the object of which is to produce income, profits or gains. 14. there is no specification in the explanation (a) to section 141 of the act as to whether the words other association of individuals ..... or persons who issued or responsible to issue the cheques have to rebut the presumption placing necessary evidence. 10. section 138 of the act signifies at the outset that there should be account in the name of the drawer for the discharge of legally enforceable debt when the .....

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Oct 12 2012 (HC)

Alladi Narasimha Rao, S/O.Late Sri Allad Vs. M/S.Core Tree Solutions P ...

Court : Andhra Pradesh

Decided on : Oct-12-2012

..... which leaves to determine the complicity of a2 to a6 and a8 only in the matter.13. in commissioner of income tax, bombay v indira balkrishna5 while dealing with section 3 of the income tax act, 1922 it was held that the word "associate" means, according to the oxford dictionary, "to join in common ..... purpose". therefore, an association of persons must be one in which two or more persons join in a common purpose or common action, and as the words occur in the section which imposes a tax on income ..... on the file of the court of i additional chief metropolitan magistrate, hyderabad registered for offence punishable under section 138 of the negotiable instruments act, 1881 (the act) in respect of dishonour of a cheque.2. whereas the petitioners herein are a1 to a8 the second respondent herein is the complainant ..... , the association must be one the object of which is to produce income, profits or gains".14. there is no specification in the explanation (a) to section 141 of the act as to whether the words "other association of individuals ..... person or persons who issued or responsible to issue the cheques have to rebut the presumption placing necessary evidence.10. section 138 of the act signifies at the outset that there should be account in the name of the drawer for the discharge of legally enforceable debt when the .....

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Aug 27 2012 (HC)

M/S. Chennakesava Pharmaceuticals, Vijayawada Vs. the Commissioner of ...

Court : Andhra Pradesh

Decided on : Aug-27-2012

..... assessee in the matter of quantum of penalty. on application made by the assessee, following two questions were referred under section 256 (1) of the income tax act, 1961 to the high court: (1) whether, on the facts and in the circumstances of the case, the proceedings for the imposition of penalty ..... differing with the view taken by the 1st appellate authority and holding that the penalty was leviable under section 271 (1) (c) of the income tax act? in our view this question as framed is wide enough to encompass within it also the issue whether there is a need for the assessing ..... justified in differing with the view taken by the 1st appellate authority and holding that the penalty was leviable under section 271 (1) (c) of the income tax act? 7. sri a.v. krishna koundinya, senior counsel for the assessee in these appeals would submit as follows: 1.) the conditions mentioned in section 271 ..... under sections 271 (1) (a), 271 (1) (b), 271 (1) (c) and 273/274 of the income tax act have been initiated. charge interest under sections 139 (8) and 215/217 of the income tax act, the delhi high court held that the said statement recorded in the assessment order did not satisfy section 271 (1) ( ..... were properly commenced in the course of any proceedings under the act as required by section 271 of the income tax act, 1961, for assessment years 1959-60 to 1962-63? (2) whether, on the facts and in the circumstances of the .....

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