Andhra Pradesh Court June 1974 Judgments
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Commissioner of Gift-tax Vs. Budur Thippaiah
Court: Andhra Pradesh
Decided on: Jun-26-1974
Reported in: [1976]103ITR189(AP)
Obul Reddy, C.J.1. The question referred for our decision under Section 26(6) of the Gift-tax Act by the Income-tax Appellate Tribunal is :'Whether the gift of Rs. 5,000 made by the assessee to his mother is exempt under Section 5(1)(vii) of the Gift-tax Act, 1958 ?'2. The facts necessary for determination of the question are these : The assessee was a partner of M/s. Budur Thippaiah & Sons, Rayadrug. He had a sum of Rs. 1,22,217.85 to his credit as on 30th April, 1963, in the books of the said firm. Out of that amount, he made several gifts. We are not, in this case, concerned with the gifts made in favour of his sons and daughters. In addition to these gifts, he made a gift of Rs. 5,000 to his mother and claimed exemption under Section 5(1)(vii) of the Gift-tax Act (hereinafter referred to as ' the Act') as it was made for the maintenance of his mother, who was dependent upon him. The Gift-tax Officer rejected the assessee's plea for exemption and subjected that amount to gift-tax. T...
Commissioner of Income-tax Vs. T. Veeraraghavulu Chetty and Sons Co.
Court: Andhra Pradesh
Decided on: Jun-26-1974
Reported in: [1975]100ITR723(AP)
Sriramulu, J.1. The assessee-firm, named and styled, 'M/s. T, Veera-raghavulu Chetty and Sons, Company', consisting of four partners, was constituted under an instrument of partnership dated June 1, 1958. The firm carried on wholesale business in grocery at Kavali. T. Veeraraghavulu Chetty was one of the partners in the said firm, representing the Hindu undivided family consisting of himself and his three sons. On October 30, 1965, a partition by metes and bounds was effected between the members of the Hindu undivided family of T. Veeraraghavulu Chetty. The amount that stood to his credit in his capital account, in the firm's account books, was also divided between T. Veeraraghavulu Chetty and his three sons. The partners agreed that the three sons of T. Veeraraghavulu Chetty should also be taken as partners in the said firm. In accordance with that agreement, the accounts of the old firm were settled on October 30, 1965, and the resultant profit and loss up to that date was shared bet...
Controller of Estate Duty Vs. Estate of Late Sanka Simhachalam (by Acc ...
Court: Andhra Pradesh
Decided on: Jun-26-1974
Reported in: [1975]99ITR370(AP)
Sambasiva Rao, J. 1. The reference arises under the Estate Duty Act. Sanka Simhachalam died on December 21, 1966, leaving certain properties, interests and rights behind him. Estate duty is now sought to be levied on these properties, interests, etc. In respect of the house property in Parvathipuram, the accountable person claimed exemption under Section 33(1)(n) of the Act. The Assistant Controller of Estate Duty and the Appellate Controller took the view that no such exemption could be given as that provision does not apply to the house in question. They held that the deceased did not die as full owner of the house and so it did not 'belong' to him when he died, so that it could be brought within the ambit of the exemptions provided under Section 33(1). It may be noted here that more than two years before his death, the deceased executed a settlement deed under which he retained a life interest in the house and conveyed the vested remainder to his son, who is now the accountable pers...
Payre Chand Vs. Ashrafunnissa Begum and ors.
Court: Andhra Pradesh
Decided on: Jun-25-1974
Reported in: AIR1975AP228
1. This appeal by the appellant, an assignee-decree-holder is directed against the order of the Court of the Chief Judge, City Civil Court Hyderabad in E. A. No. 28 of 1970 directing him to make restitution to the .judgment-debtors under Section 144, C. P. C., of a sum of Rs. 2,4,82-82 with interest at 6% thereon from 19-6-1965 till payment. 2. The facts leading, to this appeal may briefly be stated : One Shujyatun-nissa Begum, wife of Late Shahjabada Mir Mohammad Ali Khan obtained a decree for a sum of Rs. 1,26,000 towards Mehar from Matruka share in the estate of her late husband Mir Sadatullah Khan and seven others on July 31, 1961 in O. S. No. 144 of 1958 on the file of the Court of the 1st Addl. Judge, City Civil Court, Hyderabad. Defendants 4 to 6 preferred an appeal C. C. C. A. No. 75 of 1962 against the decree passed against them to the extent of the Jagir property. Pending the disposal of the appeal, the original decree-holder filed E. P. No. 24 of 1963 and recovered in the ex...
Kirana General Merchants Association Vs. the Circle Inspector and ors.
Court: Andhra Pradesh
Decided on: Jun-25-1974
Reported in: 1975CriLJ955
ORDERMadhava Reddy, J.1. This writ petition and the Criminal Revision Case arise out of orders passed bv the Munsif Magistrate. Nara-yankhed in Crime Nos. 75. 76. 77 and 78 of 1973.2. Certain foodgrains beinc transported in four lorries were seized from the cossession of the drivers of the said lorries bv the Police and wore produced before the Munsif Magistrate's Court Naravankhed. The learned Magistrate by his order dated 22-9-1973 directed that as there is no nlace in the Court, the rice, iawar and susar with the eunnv baas may be sold bv the Tahsildar. Narayankhed, at the rates fixed by him and also directed the deposit of the amounts realised in the court. Against that order, the Kirana General Merchants' Association, Jogipet, represented by its Secretary has filed the above writ petition. They have also moved the Maeistrate by wav of a Criminal M P. No. 276 of 1973 to release the goods in their favour contending that no offence was committed in respect of the said fooderains. Tha...
Ramakrishna Trading Company Vs. Collector of Central Excise
Court: Andhra Pradesh
Decided on: Jun-20-1974
Reported in: 1987(28)ELT32(AP)
ORDERAlladi Kuppuswami, J.1. The petitioner is a tobacco merchant having a L.5 Licence. The petitioner applied for issuing a licence for a private bonded warehouse to keep his stock. He was directed to furnish a bond in Form B4, with sureties for a sum calculated at Re. 1/- per square foot with a maximum of Rs. 20,000/-. This was complied with and he was issued a licence for a private bonded warehouse and this was renewed from time to time.2. On 21.3.1973, the Collector of Central Excise issued a notification in exercise of his powers under Rule 140 of the Central Excise Rules, 1944. Under this notification, the amount for which the bond should be executed in respect of a private warehouse could be normally 25% of the duty involved. Clause (ii) provides that the amount of B4 bond shall not exceed Rs. 50,000/- and shall not be less than Rs. 2,000/-. The bond may be executed either with a surety or after depositing security. Clause (iii) provides that those who wish to execute the bond i...
Madan Gopal Daga Vs. the Agricultural Market Committee and ors.
Court: Andhra Pradesh
Decided on: Jun-18-1974
Reported in: AIR1975AP1
Obul Beddi, C.J. 1. These two writ petitions raise a common question regarding the validity of bye-law 20 (d) of the Bye-laws of the Agriculture Marketing Committee, Vizianagaram. The petitioners are all merchants doing business in groundnut, jute, oil seeds etc. They seek a writ of mandamus directing the respondents to forbear from enforcing bye-law 20 (d) and Annexure V-B of the Bye-laws of the Agriculture Market-ins Committee, Vizianagaram on the ground that the bye-law is ultra vires the powers of the Market Committee under the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act. 1966 (hereinafter referred to as the Act) and the rules.2. Mr. Jagannadharao, the learned counsel appearing for the petitioners assailed the bye-law on the ground that it is discriminatory inasmuch as it fixes different rates of licence fee on the basis of the turnover of their business and it has no nexus with the object of regulating trade. It is also his case that there is nothing in the Act...
Controller of Estate Duty Vs. Estate of Late Adapala Krishna Reddy
Court: Andhra Pradesh
Decided on: Jun-17-1974
Reported in: [1976]105ITR472(AP)
Sambasiva Rao, J.1. This referred case deals with levy of estate duty. The Income-tax Appellate Tribunal, Hyderabad Bench, framed the following question for our decision.'Whether, on the facts and in the circumstances of the case, the 16 acres of land pertaining to Smt. Seetharamamma passed on the death of the deceased either in terms of Section 9 or Section 10 of the Estate Duty Act, 1953?'2. The reference came to be made in the following manner. The original owner of the property was Adapala Krishna Reddy. He died on 29th November, 1963. He had landed property. On September 11, 1954, he transferred under a sale deed ten acres of land to Seetharamamma, the younger sister of his wife. He further executed on September 5, 1957, a gift deed in favour of the same lady in respect of six acres of land. Five years later, he changed his mind and executed a deed of settlement on December 1, 1962, in respect of the same ten acres of land, which he had sold on September 11, 1954, in favour of See...
Commissioner of Gift-tax Vs. Bhupathiraju Venkata Narasimharaju
Court: Andhra Pradesh
Decided on: Jun-12-1974
Reported in: [1975]101ITR74(AP)
Sriramulu, J.1. The assessee is the karta of a Hindu undivided family consisting of his wife, minor daughters and minor sons. The family possessed ancestral immovable property of acres 44.44. Out of the immovable property that the family held, the assessee made three gifts through written instruments. One gift was made on May 20, 1957, giving acres 17.681/2 to his three minor daughters. The second gift was made on October 11, 1957, through an instrument in respect of acres 728 in favour of his minor sons and the third gift on January 26, 1959, in respect of acres 7.46 in favour of his fourth minor daughter. The first two gifts fell for consideration for assessability to gift-tax in the assessment year 1958-59, the accounting year of which was the financial year 1957-58. The third gift in favour of the fourth minor daughter fell for assessability in the year 1959-60, the relevant accounting year of which was the financial year 1958-59. The Gift-tax Officer held that there were completed...
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