Court : Andhra Pradesh
Reported in : [1977]107ITR702(AP)
Gopal Rao Ekbote, C.J. 1. The following two questions have been referred to us by the Income-tax Appellate Tribunal, Hyderabad :'1. Whether, on the facts and in the circumstances of the case, the method of revaluation of closing stock adopted by the Appellate Tribunal was a valid one? 2. If the answer to question No. 1 is in the affirmative, whether the relief in revaluation of stock should be restricted to the actual addition to the closing stock made by the Income-tax Officer or could exceed the same?' The assessee is a firm carrying on its business in mica mining. For theassessment year 1960-61, the closing stock valued by the assessee was found by the Income-tax Officer to be incorrect. The closing stock consisted of three items, crude mica, cut mica and waste rounds. The assessee valued cut mica and waste rounds at an average rate of Re. 1.01 per pound.2. At the close of the accounting year, i.e., 31st March, 1960, the assessee's stock comprised of the following :Pounds1.Crude mic...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1974AP13
1. The question that I am called upon to answer in this second appeal is whether the execution and attestation of a will dated 16th May, 1947 are proved.2. The facts are simple: The suit was brought by the first respondent for declaration of his title to and possession of the site described in the plaint schedule after ejecting the defendants therefrom and for recovery of Rs. 20/- towards the value of bricks removed by the defendants therefrom and also for profits. The plaintiff alleged that the site belonged to Karri Somulu. Under a will dated 16th May, 1947 he bequeathed the site to his wife and foster daughter and after their death to the children of the foster daughter. after the death of the testator, the wife and daughter were in possession and after their death, the latter's daughter sold it to the plaintiff under a registered sale deed dated 14th July, 1964. But, in July, 1964 defendants 1 and 2 trespassed into the site, put up a hut thereon and admitted into its possession. He...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1973CriLJ1485
A.D.V. Reddy, J.1. The owner of a Petrol Bunk at Visakapatnam, who had commenced his business on 25-8-1965 and had engaged one P. Venkatarao as the Manager, was prosecuted for the violation of Rule 32 of the Rules framed under the Shops and Establishments Act, for not furnishing the said Venkatarao the letter of appointment in Form 'S' an offence punishable under Section 56 (3) of the Act and also under Rule 33 of the Rules framed under the Act. The evidence adduced was that when P. W. 1 the Assistant Labour Inspector visited the Petrol Bunk at 9-30 A. M. on 13-2-1970 he found that no such order of appointment has been issued and that he gave notice and waited for three months and thereafter also the defect was not rectified and hence the complaint.2. The Magistrate accepting the evidence, convicted the accused and sentenced him to pay a fine of Rs. 25/-. On a revision filed before the Sessions Judge, he has made a reference under Section 438, Criminal Procedure Code to this Court for ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1974]33STC588(AP)
ORDERGopal Rao Ekbote, C.J.1. This is an application filed under Article 226 of the Constitution for the issue of a writ declaring that item 9(b) of the Third Schedule to the Andhra Pradesh General Sales Tax Act, 1957, is unconstitutional and void; further to declare that no tax can be levied under the Central Sales Tax Act on the inter-State sales of tanned hides which have already suffered tax at the untanned stage. A further declaration is sought prohibiting the respondents from enforcing the assessment order of the 1st respondent dated 30th January, 1969, and to direct the respondents to refund the amount already collected.2. The facts relevant for our purposes are that the petitioner is a tanner who has his tannery at Vizianagaram and is a dealer. The petitioner purchases raw hides and skins in this State and tans the same. He mostly sells such tanned hides in the course of inter-State trade.3. The 1st respondent by his order dated 30th January, 1969, assessed the petitioner's int...
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1974]44CompCas483(AP)
Chennakesav Reddy, J. 1. This civil revision petition arises out of the order of the Principal District Munsiff, Chittor, in I.A. No. 1169/70 in O.S. No. 95/62 dismissing the application filed by the petitioner under Order 1, Rule 10, Civil Procedure Code, for adding the official liquidator, High Court of Mysore at Bangalore as a defendant in the suit in place of the company, the Reliable Corporation Private Ltd., Bangalore. 2. The simple but subtle question that is raised for decision in this revision petition is whether under Section 446 of the Companies Act, 1956 (1 of 1956) (hereinafter referred to as ' the Act'), leave of the winding-up court is a condition precedent to the institution of any suit or legal proceedings against a company ordered to be wound up and whether failure to obtain such leave is fatal to the proceedings. 3. The relevant facts may be briefly stated. The petitioner filed the suit against Reliable Corporation Private Ltd., Bangalore, for a declaration of her ti...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1973AP178
Gopal Rao Ekbote, C.J. 1. This appeal is from the judgment of our learned brother Chinnappa Reddy, J., given in W. P. No. 318 of 1968, on 14-10-1969, whereby the learned Judge dismissed the Writ Petition.2. The Writ Petitioner is a new entrant in the business of excise. His experience and lack of understanding seem to have brought him into a plight from which is finding it difficult to escape. His attempts to extricate himself out of the impasse created by himself cannot succeed in view of the construction of Clause 8 of the conditions of sale made by the Commissioner of Excise in pursuance of statutory authority which he had and which conditions the petitioner accepted while making an offer and entering into a contract. The fate of the case hangs on the true interpretation of condition No. 8.3. In Nizamabad town originally there were two foreign liquor shops. One was located in Das Cafe and the other in the Ananda Hotel. For the first time for the excise year 1966-67, a third shop was...
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