Andhra Pradesh Court September 1977 Judgments
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Addl. Commissioner of Income-tax Vs. Challapalli Sugars Ltd.
Court: Andhra Pradesh
Decided on: Sep-28-1977
Reported in: [1979]116ITR255(AP)
Ramachandra Raju, J.1. The question referred under Section 256(1) of the Income-tax Act, 1961, for our decision is :'Whether, on the facts and in the circumstances of the case, the interest paid by the assessee-company on advances is allowable expenditure in computing the income from the business of the company ?'2. The assessee is a public limited company carrying on business in the manufacture of sugar. It owns about 2,000 acres of agricultural land on which it grows sugarcane for the purpose of manufacture of sugar. The company borrowed certain amounts. Those amounts are credited to the agricultural section, for which separate accounts are maintained. The interest that the company had to pay on the borrowings has been claimed as a deduction out of the business income. The ITO disallowed an amount of Rs. 2,03,750 towards proportionate interest attributable to the advances credited to agricultural section. On appeal by the assessee, the AAC upheld the disallowance made by the ITO. Whe...
Commissioner of Wealth-tax Vs. S. Baliah
Court: Andhra Pradesh
Decided on: Sep-28-1977
Reported in: [1978]114ITR858(AP)
Obul Reddi, C.J.1. This is a reference under Section 27(1) of the Wealth-tax Act. The question involved in this reference is whether an appeal preferred under the Wealth-tax Act to the Tribunal can be heard by a single member of the Appellate Tribunal where the total income of the assessee is within the maximum prescribed in Section 255(3) of the Income-tax Act,2. The assessee is an individual. He was treated as a defaulter as he had not filed his return of net wealth in time, and after issuing a notice to him under Section 18(1)(a) of the Wealth-tax Act (hereinafter referred to as 'the Act'), the Wealth-tax Officer levied a penalty of Rs. 2,380. On appeal, the Appellate Assistant Commissioner, while upholding the penalty, reduced the quantum to Rs. 475 only. That lead to the department's appeal to the Tribunal. The income of the assessee during the relevant assessment year 1966-67 was less than Rs. 40,000 for income-tax purposes. The appeal on that ground was taken up for hearing by a...
Narayan Venkat and Co. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-28-1977
Reported in: 1988(33)ELT327(AP)
S. Obul Reddy, C.J.1. The facts leading to these two tax revision cases are these : The assessee, a firm known as 'M/s. Narayan Venkat & Company' is a waste-paper dealer. The disputed turnover of Rs. 44,690.30 relates to the sales of cloth rags under the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the Act'). The other disputed turnover of Rs. 74,864.79 relates to the sales of cotton rags under the Central Sales Tax Act. These two disputed turnovers pertain to the assessment year 1972-73. The only question that is raised and arises in these two cases is, whether cotton rags come within the definition of 'Cotton Fabrics' in Item 5 of the Fourth Schedule to the Act. The plea of the petitioner that they come within the definition of 'cotton fabrics' was negatived by all the lower authorities. Hence these two tax revision cases under Section 22 of the Act. To determine the question involved it is necessary to notice Item 5 of the Fourth Schedule to the Act. It re...
Narayan Venkat and Co. Vs. State of Andhra Pradesh.
Court: Andhra Pradesh
Decided on: Sep-28-1977
Reported in: (1978)7CTR(AP)127
S. Obul Reddi, C.J. - The facts leading to these two tax Revision Cases are these :-The assessee, a firm known as M/s. 'Narayan Venkat & Company', is a waste-paper dealer. The dispute turnover of Rs. 44,680.30 Ps. relates to the sales of clothrags under the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as 'the Act'. The other disputed turnover of Rs. 4,864.79 Ps. relates to the sales of cotton-rags under the Central Sales Tax Act. These two disputed turnovers pertain to the assessment year 1972-73.The only question that is raised the arises in these two cases is, whether cotton-rags come within the definition of cotton fabrics in item 5 of the Fourth Schedule to the Act. The plea of the petitioner that they come within the definition of cotton fabrics, was negatived by all the lower authorities. Hence these two Tax Revision Cases under S. 22 of the Act. To determine the question involved it is necessary to notice item 5 of the Fourth Schedule to the Act. It reads ...
Addl. Commissioner of Income-tax Vs. G.M. Omarkhan
Court: Andhra Pradesh
Decided on: Sep-27-1977
Reported in: [1979]116ITR950(AP)
Obul Reddy, C.J. 1. The facts relevant for the purpose of answering the reference are these: The assessee, G.M. Omar Khan, was the owner of the property known as 'Khadar Bagh' in Hyderabad. It comprises of buildings and lands measuring about 45 acres and 10 gunthas. Out of this total extent, an extent of 36 acres and 22 gunthas was acquired by the Government under the Requisitioning and Acquisition of Immovable PropertyAct, 1952. That was in the year 1970. The Collector of Hyderabadordered an 'on account' payment of Rs. 14,05,536 as there was likelihoodof some delay in assessing the compensation in respect of the acquired land.The assessee claimed a total compensation of Rs. 1,15,86,500 with a solatiumof 15 per cent. for the acquired property. The ITO issued a notice under Section 148 of the Act to the assessee on the ground that the acquisition tookplace on March 12, 1970, and the property acquired is non-agriculturalland and the assessee defaulted in filing voluntary return of the ca...
Coramandal Fertilisers Ltd. Vs. Union of India (Uoi) and Three ors.
Court: Andhra Pradesh
Decided on: Sep-24-1977
Reported in: 1979CENCUS456D; 1979(4)ELT501(AP)
Sambasiva Rao, J.1. These four writ petitions are concerned with levy of excise duty on certain chemicals fertilisers. The petitioners in all the four petitions is the same, it being the Coromandal Fertilisers Limited. It is a company incorporated under the Companies Act, 1956. As common and related questions are raised all the four petitions are placed before us in a batch. We will do well in disposing them of under a common order.2. The petitioners carry business inter alia as manufacturers of diverse kinds of fertilisers at their factory situated at Vishakhapatnam one of the fertilisers thus manufactured is Gromor NPK 14 : 35 : 14 under the Central Excises and Salt Act, 1944 (hereinafter referred to as 'the Act') excise duty was being imposed on fertilisers manufactured in India with effect from 1.3.1969. The petitioners will have to file, according to the rules, price lists of the fertilisers, which they manufacture showing therein inter alia the assessable value of the goods manuf...
Labour Enforcement Officer (Central) Govt. of India Vs. the State of A ...
Court: Andhra Pradesh
Decided on: Sep-21-1977
Reported in: 1978CriLJ1007
Jayachandra Reddy, J.1. The question that falls for consideration in all these 4 cases is whether the provisions of the Contract Labour (Regulation and Abolition) Act. 1970 (hereinafter referred to as the Act) and the Rules made thereunder apply only to a licensed contractor or to every contractor as defined in Section 2(1)(c) of the Act. To appreciate this point, it becomes necessary to state a few facts.2. In all these criminal revision cases, the Labour Enforcement Officer (Central), Government of India, Vijayawada-2 is the petitioner and the 2nd respondent is the contractor. On 24-9-1975 the Enforcement Officer Inspected the establishment of the accused-respondent and found that there was contravention of Rules 71, 79 and 81 and some other provisions. It was also noticed that the accused was carrying on the contract work without a licence; as many as six cases were filed in the Court. The learned Magistrate, Chirala convicted the accused in one of the cases for the offences of carr...
Mothika Mutyalu and anr. Vs. Malladi Rajyalaxammamma and ors.
Court: Andhra Pradesh
Decided on: Sep-20-1977
Reported in: AIR1978AP316
1. This appeal is preferred against the judgement and decree in O. S. 114 of 1962 Sub-Court, Vijayawada by the plaintiffs in that suit which was dismissed with costs.2. The appellants-plaintiffs are the great grant-son of Mutyaly. The third defendant is the son and the fourth defendant is the son of the third defendant , the plaintiffs being the sons of the fourth defendant. Mutyaly executed a mortgage in respect of a house of which the plaint schedule property forms part in favour of the first defendant for a sum of Rs. 3,500/-on 17-12-1940. Thereafter he also executed a sale in respect of the property in favour of the first defendant on 9-3-41. One of the terms of the sale was that n case Mutyalu paid the sale consideration of Rs. 7,500/- at any time between 9-3-47 and 8-3-1952 the first defendant should re-convey the property. Before the expiry of the time stipulated Mutyaly died. The son and grand-son, the third and fourth defendants filed a suit O. S. 74/52, Sub-Court, Vijayawada ...
Commissioner of Income-tax Vs. M. Varadarajan
Court: Andhra Pradesh
Decided on: Sep-20-1977
Reported in: [1979]119ITR150(AP)
Obul Reddi, C.J.1. The facts leading up to this reference are these ; The assessee is an individual deriving income from salary and other sources, viz., annuities, directors' sitting fees and dividends on the shares. For the assessment year 1968-69, the total income was computed by the ITO at Rs. 57,880 and for the assessment year 1969-70 at Rs. 62,510. The ITO allowed deductions of Rs. 10,610 for the assessment year 1968-69 and Rs. 11,106 for the assessment year 1969-70 under Section 80K of the I.T. Act while computing the total income. The Addl. CIT issued under Section 263 of the Act a notice to the assessee for revising the order of assessment. The assessee contested the proposed action contending that all that Section 80K lays down is that the gross total income from dividends is entitled to the relief mentioned in the section and, therefore, he was entitled to deduction under Section 80K in respect of the amounts received by him as dividends. Rejecting that contention, the Addl. ...
Vijaya Wines Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-19-1977
Reported in: [1978]42STC329(AP)
S. Obul Reddi, C.J.1. This tax revision case is directed against the order of the Sales Tax Appellate Tribunal, dismissing Tribunal Appeal No. 730 of 1974 preferred by the revision-petitioner. Mr. P. Venkatarama Reddy, the learned counsel appearing for the petitioner, contended that penalty proceedings are quasi-criminal in nature and the Appellate Tribunal has failed to bear in mind the principles laid down by the Supreme Court in Hindustan Steel Ltd. v. State of Orissa [1970] 25 S.T.C. 211 (S.C.) in the matter of levying penalty. It is his case that the sales in respect of which addition has been made by the assessing authority are second sales and that there was no enquiry by the assessing authority to ascertain whether the sales are not second sales.2. The relevant facts necessary for appreciating the points raised in this revision are these: The petitioner is M/s. Vijaya Wines, Kothapet, Tenali. During the assessment year 1972-73, the firm reported a gross turnover of Rs. 1,61,379...
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