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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1986 Page 10 of about 512 results (0.295 seconds)

Dec 15 1986 (HC)

N. Kumara Rao Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Decided on : Dec-15-1986

Reported in : [1988]169ITR128(AP)

..... in holding that there was transfer of funds by the assessee to his wife for the construction of house property as contemplated by section 64 of the income-tax act, 1961, or not (2) if the answer to the above is affirmative, whether the tribunal was justified in apportioning the income arising out of the said ..... his wife in the construction of the house and rs. 52,000 was the amount which went into the construction from borrowings made in that regard. section 64 of the act has no application to outside borrowings. therefore, the proportion in which the income derived from the property is to be apportioned is 10 : 34.5 ..... : 52. therefore, that part of the income attributable to 34.5 alone is taxable under section 64(1)(iv) of the act. instead, the appellate assistant commissioner and the tribunal wrongly apportioned the income in the ration of 1 : 3 and assessed 3/4ths of the ..... . the assessee did not seek any reference, nor did it file any application for calling upon the tribunal to refer that question to this court. section 64(1)(iv) of the act postulates thus : 'in computing the total income of any individual, there shall be included all such income as arises directly or indirectly - ... ( ..... at rs. 9,548. in view of the contribution made by the assessee, by exercise of the power under section 64(1)(iv) of the income-tax act, 1961 (43 of 1961) (for short 'the act'), the income was apportioned in the ratio of 1 : 3 and 3/4ths of the income in the hands .....

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Mar 18 1986 (HC)

M. Murali Mohan Vs. State (income-tax Officer, Nalgonda)

Court : Andhra Pradesh

Decided on : Mar-18-1986

Reported in : [1987]168ITR729(AP)

..... passed, the income-tax officer filed a complaint with the approval of the commissioner of income-tax against the petitioner and another person for offences under sections 277 and 278 of the income-tax act and sections 193 and 196, ipc. summonses were issued in c.c. no. 94 of 1984, and thereafter the petitioner filed crl. m.p. no. 1524 of 1984 ..... does not arise. the metropolitan sessions judge also held that the revision is not maintainable. this technical objection need not be considered as the high court has ample power under section 482, crl. pc, to quash the original order itself. in this view, the proceedings in c.c. no. 94 of 1984, on the file of the special judge for economic ..... the metropolitan sessions judge, hyderabad. the facts arising in this petition may be briefly stated : for the assessment year 1980-81, the petitioner field the return under the income-tax act admitting a total income of rs. 15,481. on scrutiny of the books of account, the income-tax officer, nalgonda, found that in collusion with the second accused, he had .....

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Sep 17 1986 (HC)

M. Sadatullah and ors. Vs. Assistant Controller of Estate Duty

Court : Andhra Pradesh

Decided on : Sep-17-1986

Reported in : [1990]182ITR369(AP)

..... no reason to believe that the respondent would pass any order without perusing the objections filed by the petitioner or without noticing the relevant provisions of the act, particularly section 36(3) (sic) of the estate duty act. the respondent would dispose of the matter after carefully considering the objections filed and taking due notice of the relevant provisions of law, particularly of ..... is for quashing the notice dated june 24, 1986, issued by the respondent, the assistant controller of estate duty b-ward, hyderabad, purported to have been issued under section 59 of the estate duty act, 1953, (34 of 1953). in its material portion, the notice reads as follows : 'whereas i have reason to believe that property chargeable to estate duty has (a ..... . we are told that objections to the notice had already been filed by the petitioner before the respondent and that no orders thereafter had been passed by the respondent pursuant to the notice. the apprehension expressed by counsel for the petitioners is that the notice having been issued in spite of the provisions contained in section 36 of the estate duty act ..... ) escaped assessment, and (b) been underassessed. you are requested to deliver to me not later than july 24, 1986, an account of all property in respect of which estate duty is payable. ' 2 .....

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Sep 03 1986 (HC)

Radio Instruments Associates (P) Ltd. Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Decided on : Sep-03-1986

Reported in : (1987)64CTR(AP)317; [1987]166ITR718(AP)

..... assessee from addition of rs. 1,02,000 as income from undisclosed sources under section 68 of the income-tax act, 1961?' 2. the assessee is a private limited company and the assessment year concerned is 1973-74. the assessee manufacturers radios, transistors, tape recorders and components used in radios ..... of rs. 1,02,000 in the suspense account between april 1, 1972, and march 31, 1973 and held that they constituted income from undisclosed sources assessable under section 68 of the act. the assessee appealed against the assessment to the appellate assistant commissioner of income-tax and also to the income-tax appellate tribunal unsuccessfully. before the income-tax appellate tribunal ..... suspense account periodically during the accounting year corresponding to the assessment year 1973-74. the assessee's application for reference under section 256(1) of the act having been rejected by the tribunal, the assessee moved this court under sec 256 (2) of the act and obtained a direction to the tribunal to refer the case. that is how the present reference is laid before ..... anjaneyulu, j.1. the income-tax appellate tribunal referred the following question of law to this court under section 256(2) of the income-tax act, 1961 ('the act' for short) : 'whether, on the facts and in the circumstances of the case, a declaration filed under the voluntary disclosure of income and wealth ordinance of 1975, would save the .....

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Sep 03 1986 (HC)

Rani J. Sarala Devi Vs. Commissioner of Wealth-tax

Court : Andhra Pradesh

Decided on : Sep-03-1986

Reported in : [1987]167ITR717(AP)

..... in the nature of a suspense account and in effect is a reserve created for absorbing bad debts and accordingly falls under sub clause (c) of clause (ii) of explanation ii to rule 1d of the wealth-tax rules. we find it difficult to agree with learned standing counsel. rule 1d of the wealth-tax rules reads as ..... of deduction from the assets. we are, therefore, of the opinion that the said provision cannot be treated as a 'reserve' within the meaning of clause (ii)(c) of explanation ii. 4. now, coming back to be the question whether it constitutes a liability, it is true that as on the relevant valuation date, it has not ..... the said aspect, it may be appropriate to clear the ground by disposing of the question whether it can be called a ' reserve' within the meaning of clause (ii)(c) of explanation ii. in vazir sultan tobnacco co. lted. v. cit : [1981]132itr559(sc) the supreme court has pointed out the distinction between 'reserve' and 'provision' by ..... the following two items with which alone we are concerned in these references, viz., (i) provision for bad debts in a sum of rs. 189,587, and (ii) gratuity liability which the assessee estimated on actuarial basis at rs. 6,46,359. the wealth-tax officer held that the provision made for bad debts is not 'a ..... jeevan reddy, j.1. there three references are made under section 27(1) of the wealth-tax act. the assessee are equity shareholders in orient longman ltd. in f/c/ no/ 105 of 1981, the assessment years concerned are 1974-75, 1975-76 and .....

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Nov 07 1986 (HC)

S. Appala Narasamma Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Decided on : Nov-07-1986

Reported in : (1987)63CTR(AP)148; [1987]168ITR17(AP)

..... possession is taken consequent upon the passing of the award, or (b) when possession is taken consequent upon the direction made under section 17(1) of the act, or (c) where possession is taken as contemplated under sub-section (2) of section 17. mere taking of possession by itself does not being about vesting. however, where possession is taken either before the initiation of the ..... prior to the passing of the award. in the present case, it is admitted, possession was not taken either under sub-section (1) or sub-section (2) of section 17. nor was possession taken following the passing of award. it was a voluntary act on the part of the assessee; possession was given and taken with the mutual consent of both the parties before the ..... acquisition proceedings otherwise than by invoking sub-section (1) or sub-section (2) of section 17, and later and award is passed, the vesting of the ..... when does the property pass - to wit, when does the property vest in the state. there are two provisions in the land acquisition act (hereinafter referred to as 'the act'), which are relevant on this aspect. they are section 16 and sub-section (1) and (2) of section 17. they read as follows : '16. power to take possession. - when the collector has made an award under .....

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Dec 19 1986 (HC)

Andhra Pradesh State Road Transport Corporation Vs. Narasayya and ors.

Court : Andhra Pradesh

Decided on : Dec-19-1986

Reported in : (1987)IILLJ83AP

..... : 'the law on the point arising for decision may be summed up thus : compulsory damages under section 1a of the act for wrongful death must be limited strictly to the pecuniary loss to the beneficiaries and that under section 2, the measure of damages is the economic loss sustained by the state. there can be no exact ..... as determined by multiplying the dependency with the factor or rs. 20,000/- whichever is more. by the central amending act 47/1982, section 92-a to e were introduced in the motor vehicles act. section 92-a provides for a no fault liability of rs. 15,000/- in case of death. this may be adopted ..... c. 166)'. this is another reasoning which, with great respect, we are not able to share. 12. since we accept a.t. tables strike a greater degree of accuracy in an estimation of damages, we have in vain searched for tables in any statute for use in motor accident cases. in that search we scrutinised the ..... periods of economy of the relevant country. the a.t. tables do not claim accuracy as their fine point. but that a.ts. do achieve a certain degree of accuracy, is not doubted. whether the level of accuracy. a.ts. may have achieved the tables suffer the odium of being conjectural estimates. that in ..... under this head will be rs. 600 x 18.25 = rs. 10,950/-. as the accident was in 1978 there is no statutory minimum available under section 92-a. there is no material to show that the compensation arrived at by applying the table showed be varied i.e. either increased or decreased. the .....

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Dec 08 1986 (HC)

N. Narasimhalu and ors. Vs. Commissioner of Industries, Andhra Pradesh ...

Court : Andhra Pradesh

Decided on : Dec-08-1986

Reported in : (1987)IILLJ482AP

..... reason whatsoever, every workman who has been in continuous service for not less than one year in that undertaking immediately before such closure shall subject to the provisions of sub-section (2) be entitled to notice and compensation in accordance with the provisions of s. 25-f as if the workman has been retrenched .....' 3. to notice the contrast in the language ..... hold that where the said requirement is not followed, the closure itself becomes illegal. 5. it is true that under section 25-f of the act, it has been held that in case of non-compliance with the requirements of the section thereof, retrenchment is illegal and the workman is entitled to reinstatement with all the ancillary benefits, that is because of the ..... declaring closure as illegal should also follow from the non-compliance with the requirements of section 25-fff of the act. i do not find it possible to agree. sub-section (1) of section 25-fff in so far as it is relevant for the purpose, reads as under : 'section 25-fff compensation to workmen in case of closing down of undertaking :- where an undertaking ..... that for the amounts due to them, action will be taken in consultation with the labour assistant commissioner. 2. the contention of the petitioners that in as much as the respondents have not complied with the requirements of section 25-fff of the industrial disputes act no. 14 of 1947, the closure is illegal and hence, the relief sought for by them, has .....

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Nov 13 1986 (HC)

Assistant Collector of Central Excise, Guntur Vs. Andhra Fertilizer Lt ...

Court : Andhra Pradesh

Decided on : Nov-13-1986

Reported in : 1989(19)ECC99; 1989(20)LC177(AP); 1987(32)ELT343(AP); [1989]175ITR549(AP); [1989]72STC299(AP)

..... writ petitions, we are of the opinion that this contention of the department which is opposed to common sense is palpably unsustainable. when the excise act seeks to impose excise levy on the manufactured goods, it could not be understood as having any reference to the subsequent event of packing the ..... petitioner should also be accorded a similar treatment. accordingly, following the judgment of the supreme court in d. cawasji & co. v. state of mysore : 1978(2)elt154(sc) , we dismiss this writ appeal with costs. advocate's fee rs. 250. 12. in view of the conflicting observations of the two supreme court ..... answer to the petitioner's legal claim. to that extent, we respectfully disagree with the decision in ramaiah v. state of a.p. (1986) 2 alt 206. in the circumstances, the relief to the petitioner under article 226, in our opinion, can only be refused on the ground that granting ..... considerable support for the view which has been taken by the earlier judgment of the supreme court in d. cawasji & co. v. state of mysore : 1978(2)elt154(sc) . the observations of the latter bench of the supreme court in state of m.p. v. vyankatlal : [1985]3scr561 would, however, show that ..... had demanded and collected the excise duty. the petitioner-company had paid the demanded amount under protest during the period of march, 1969 to july, 1969. 2. it appears that the excise authorities, according to this view of the matter, had collected excise duty from the fertilizer-manufacturers of the state of tamil .....

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Jan 08 1986 (SC)

State Bank of Travancore Vs. Commissioner of Income Tax, Kerala

Court : Supreme Court of India

Decided on : Jan-08-1986

Reported in : AIR1986SC757; (1986)2CompLJ126(SC); (1986)50CTR(SC)290; [1986]158ITR102(SC); 1986(1)SCALE34; (1986)2SCC11; [1986]1SCR25; 1986(2)LC208(SC)

..... to adopt the mode for computation of income. similar too is the position of sub-section (2). it is settled that the income of the assessee will have to be determined according to the provisions of the act in consonance with the method of accountancy regularly employed by the assessee. the method of ..... that the exclusion or deduction in respect of irrecoverable and bad debts under s. 36 (1) (vii) read with the conditions mentioned in sub-sec. (2) proceeds on the basis that in substance such debts do not constitute real income of the assessee and therefore exclusion of interest on sticky loans from ..... same can form the subject matter of a deduction under s. 36 (1) (vii) while the latter is a loan to which a high degree of improbability of recovery attaches in a particular year or years due to which interest thereon becomes hypothetical income and not real income during the said year ..... manner not inconsistent with the basic concepts underlying the two rules. in our judgment, they permit of harmonious application, though the application is to a degree must depend on the circumstances of each case. some propositions could be formulated but whether a general formula applicable to all circumstances could be hit on ..... and as such can out right form the subject matter of deduction under s. 36 (1) (vii) of the act while the latter is a loan to which a high degree of improbability of recovery attaches in a particular year or years depending upon the financial position of the concerned debtor due .....

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