Andhra Pradesh Court December 1968 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Commissioner of Income-tax Vs. Trustees of H.E.H. the Nizam's Miscella ...
Court: Andhra Pradesh
Decided on: Dec-30-1968
Reported in: [1969]74ITR558(AP)
Jaganmohan Reddy, C.J. 1. Two questions have been referred, one at the instance of the department and the other at the instance of the assessee, for our decision, viz. : ' (1) Whether, on the facts and circumstances of the case, the 11/4% loan for Rs. 4,50,00,000 is a security of the State Government within the meaning of Section 8 of the Income-tax Act ?; and (2) Whether, on the facts and circumstances of the case, the interest on the 11/4% loan for Rs. 41/2 crores is exempt from tax in the hands of the assessees under the third proviso to Section 8 2. The statement of the case would show that these questions arose in respect of assessments for 1955-56 to 1961-62 respectively and concern the nature of 11/4% interest loan of O.S. Rs. 41/2 crores advanced by the Nizam to the then Government of Hyderabad. After the police action the Military Governor had applied to the Nizam for this loan on behalf of the State of Hyderabad, which was to be income-tax free. The Nizam agreed to grant the...
Kancharla Kesava Rao Vs. Controller of Estate Duty
Court: Andhra Pradesh
Decided on: Dec-24-1968
Reported in: [1969]74ITR248(AP)
Ramachandra Rao, J. 1. The following question has been referred to this court under Section 64(1) of the Estate Duty Act of 1953 (hereinafter called ' the Act'), by the Income-tax Appellate Tribunal, Hyderabad Bench : ' Whether the value of Ac. 25'00 of wet land is exempt from levy of estate duty under Section 24 of the Estate Duty Act, 1953 '2. The facts relevant for the purpose of this reference are as follows : One Smt. Kancharla Kotamma died on 9th April, 1958. She was the widow of one Kancharla Venkataramayya, who died in April, 1940, leaving his widow, the aforesaid Kotamma, and two sons. They constituted a Hindu joint family. Before partition could be effected, the elder son, Sri Chandrasekhara Rao, died in the year 1941, leaving behind six minor sons and his widow. Subsequently, a partition was effected between the members of the family by a registered partition deed dated 16th June, 1943. Under one of the clauses of the partition deed, a life estate in respect of Ac. 25.00 of ...
Rajah Raghavaraju Subbarajugaru Vs. Controller of Estate Duty
Court: Andhra Pradesh
Decided on: Dec-12-1968
Reported in: [1970]75ITR734(AP)
Jaganmohan Reddy, C.J.1. The Tribunal has referred the case on the following questions of law :' (1) Whether, on the facts and in the circumstances of the case, the value of the property settled in favour of the deceased's wife, three sons and two grandsons, by the deeds dated 29th May, 1955, and 30th May, 1955, was liable to inclusion in the estate of the deceased under Section 9 of the Estate Duty Act ? (2) Whether, on the facts and in the circumstances of the case, and in: the absence of any registered deed of gift 136'82 acres of agricultural land valued at Rs. 37,336 were rightly held to be the property of the deceased on the date of death for the purpose of the Estate Duty Act 2. The deceased is one Raja Raghavaraju Ranga Raju who died on 7th April, 1956, leaving his two sons who are accountable persons in this case. These accountable persons furnished an account of the property passing on the death of the deceased in which 408 acres, 71 cents of agricultural land, which was the ...
K. Santha Kumari Vs. Suseela Devi
Court: Andhra Pradesh
Decided on: Dec-04-1968
Reported in: AIR1969AP355
Venkateswara Rao, J.1. The only question that falls to be considered in this civil revision petition is as to whether a house belonging to an agriculturist is liable to be sold in execution of a decree obtained on the basis of a mortgage of that house, made by the agriculturist.2. The respondent obtained a mortgage decree against the petitioner in O. S. 4/61 on the file of the Munsif Kollapur, and thereafter applied to that Court, in E. P. 28/61 for sale of the hypothecate consisting of a house. The petitioner thereupon made a part-payment to the respondent and was permitted by the Court, with the consent of the latter, to pay the balance in instalments. As she committed default in payment, the decree-holder once again applied for sale of the house in E. P. 14/64. On receipt of the notice of sale, the petitioner filed E. A. 17/64, out of which this revision petition arose, for dismissal of the execution petition on the ground that the debt covered by the decree became extinguished unde...
Commissioner of Income-tax Vs. Ghanta Bapaniah and ors.
Court: Andhra Pradesh
Decided on: Dec-03-1968
Reported in: [1969]74ITR605(AP)
Jaganmohan Reddy, C.J.1. In all these references, the common question that has been referred for our opinion, which arises out of assessment proceedings for the years 1953-54 and 1954-55 made on February 2, 1962, relating to a father and his four sons constituting a Hindu undivided family is as follows :'Whether the assessments made for the years 1953-54 and 1954-55 on February 2, 1962, are valid in law ?'2. The assessees were coparceners of a Hindu undivided family, which was assessed through its karta, Ghanta Bapaniah, the assessee in R. C. No. 54/55. The family owned certain buses and ran a bus service. In the course of the assessment for the year 1953-54, it was claimed that a partition had taken place on January 1, 1952, and accordingly it was prayed that that fact may be recorded and an order passed under Section 25A of the Income-tax Act, 1922 (hereinafter called 'the Act'). About the same time, each of the individual coparceners, on the basis that the joint family was divided, ...
- ‹ Prev
- Next ›