Andhra Pradesh Court February 1978 Judgments
Bharat Heavy Plate and Vessels Ltd. Vs. Addl. Commissioner of Income-t ...
Court: Andhra Pradesh
Decided on: Feb-28-1978
Reported in: (1979)9CTR(AP)4; [1979]119ITR986(AP)
AMARESWARI J. - M/s. Bharat Heavy Plate and Vessels Ltd., Visakhapatnam, the assessee in the present case, is a Government of India undertaking and was incorporated as a company in 1966. M/s. Skoda Export, hereinafter referred to as the 'non-resident', is a foreign trade corporation having its registered office in Praha, Czechoslovakia. The Government of India and the Government of Czechoslovakia entered into two agreements in 1959 and 1965 for establishment of a Plate and Vessels Plant in India. On August 2, 1968, an agreement was entered into between the assessee and the non-resident company for the delivery of machinery, equipment, instruments and spare parts and for rendering technical co-operation at the erection of the Plate and Vessels Plant at Visakhapatnam. On February 27, 1968, another agreement was entered into between the assessee and the non-resident company for rendering technical co-operation during the construction of Plate and Vessels Plant at Visakhapatnam. These agre...
Tag this Judgment!Addl. Commissioner of Income-tax Vs. N.V. Ganapathi Rao (by Lrs.)
Court: Andhra Pradesh
Decided on: Feb-27-1978
Reported in: [1978]115ITR277(AP)
S. Obul Reddy, C.J.1. An interesting question of law arises in this reference :'Whether, on the facts and in the circumstances of the case, the order of penalty dated December 16, 1969, passed by the Inspecting Assistant Commissioner under Section 271(1)(c) of the Income-tax Act, 1961, is barred by limitation as provided under Section 275 of the said Act '2. The facts giving rise to the reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the revenue are these : The assessee originally for the relevant assessment year 1955-56 was a HUF. The assessment on a total income of Rs. 27,901 of the HUF was completed on January 31, 1956. In the course of the appeal before the Income-tax Appellate Tribunal for the assessment year 1956-57, it was admitted that a sum of Rs. 16,500 had escaped assessment in the assessment year 1955-56. The Tribunal, therefore, in its order dated April 11, 1963, in I.T.A. No. 5800 of 1962-63 directed the ITO to take necessary action for asse...
Tag this Judgment!Commissioner of Income Tax Vs. G. R. Mukundas Malani and Sons.
Court: Andhra Pradesh
Decided on: Feb-27-1978
Reported in: AIR1979AP234; (1979)8CTR(AP)96
S. Obul Reddi, C.J. - The following question has been referred to this Court u/s 256(1) of the Income-tax Act, 1961 at the instance of the Revenue.2. The assessee is a registered firm deriving income as a dealer in cloth. For the assessment year 1972-73 corresponding to Diwali year ending with 18-10-1971, the assessee showed a loss of Rs. 10,051/- on a turnover of Rs. 1,23,008/- in respect of its transactions with M/s. D.B.R. Mills Ltd. Hyderabad. This loss included an amount of Rs. 18,620/- representing compensation paid for cancellation of a contract to purchase 205 bales of cloth from the mill. It is not necessary for us to refer to the facts in detail in view of the finding of fact ultimately recorded by the Tribunal, in paragraph 7 of its order, recorded :-'We are also of the same view and we hold that the loss incurred by the assessee not having been shown to be a loss from speculation business it has to be treated as a loss arising in the course of assessees regular business.'3....
Tag this Judgment!J. D. Italia Vs. Controller of Estate Duty.
Court: Andhra Pradesh
Decided on: Feb-27-1978
Reported in: (1978)7CTR(AP)0220B
S. Obul Reddi, C.J. - The following three questions have been referred to this Court for its opinion :'(1) Whether, on the facts and in the circumstances of the case, the proper and correct method of valuation of the Dinroze Estate is the rent capitalisation method ?(2) Whether, on the facts and in the circumstances of the case, for purposes of determining, under S. 36 of the Estate Duty Act, 1953, the principal value of the estate passing on the death of the deceased, the duty payable on the estate should be taken into account and the value accordingly.(3) Whether, on the facts and in the circumstances of the case, the estate duty payable on the principal value of the estate passing on the death of the deceased can be allowed as a deduction under S. 44 of the Estate Duty Act, 1953, either as a debit or incumberance.'The first question has been referred at the instance of the Revenue and the other two questions at the instance of the assessee. Question Nos. 2 and 3 referred at the inst...
Tag this Judgment!Y. Yadaiah Vs. B. Balapershad
Court: Andhra Pradesh
Decided on: Feb-24-1978
Reported in: AIR1978AP395
ORDER1. This is a revision filed by the defendant against the order of the Additional Chief judge, City Civil Court, dated 8th Feb. 1977 in c. M. A. No. 23 of 1976 allowing the appeal filed by the plaintiff and setting aside the order of the First Assistant Judge who dismissed I. A. No. 88 of 1975 on 17th Sept. 1975 which was filed by the plaintiff for setting aside the ex parte order dated 16th Jan., 1975.2. The learned counsel for the petitioner defendant contended that the petition filed by the respondent under O. 9M R. 7 C. P. C. is not maintainable. It was further contended that the affidavit of the respondent-plaintiff was not filed in support of the petition under O. 9, R, 7 C. P. C. The respondent has no case on merits and it serves no useful purpose even if the case is sent back to be adjudicated on merits.3. Taking the first point it can be observed that the respondent filed the petition under O. 9, R. 7, C. P. C., but no objection seems to have been taken before the trial Co...
Tag this Judgment!Chemanthula Appalakonda and ors. Vs. Chamunthula Chittemma
Court: Andhra Pradesh
Decided on: Feb-24-1978
Reported in: AIR1979AP45
Punnayya, J.1. The Second Appeal and cross-objections arose out of the judgment and decree passed in AS No. 22/1972 dated 28-10-1974 on the lie of the District Judge, Visakhapatnam which was directed against the judgment and decree in OS, 27/68 dated 6-11-1971 on the file of the Subordinate Judge, Visakhapatnam.2. The plaintiff filed the suit for maintenance at the rate of Rs. 100 per month Rs. 300 as provision for separate residence and Rs, 100 for cooking utensils. The plaintiffs husband Ammakonda shed in 1942 while he was a member of the joint Hindu family consisting of himself and the two defendants who us the step-brothers of the plaintiffs husband. According to the plaintiff she was unable to endure the ill-treatment caused to her by the defendants and she was, therefore, made to leave for her parents' house and to have residence there. She issued a registered legal notice, the original of Ex A-1 to the defendants claiming maintenance. The defendants gave a reply notice on 21-3-1...
Tag this Judgment!Commissioner of Income-tax Vs. Agro Insecticides and Allied Industries
Court: Andhra Pradesh
Decided on: Feb-24-1978
Reported in: [1981]127ITR796(AP)
Amareswari, J. 1. In this case, the following two questions have been referred to us for our opinion :' 1. Whether, on the facts and in the circumstances of the case, the claim for development rebate is allowable for the assessment year 1971-72, in respect of the machinery installed in the accounting year relevant to the assessment year 1970-71 ?2. Whether, on the facts and in the circumstances of the case, the assessee was entitled to claim relief under Section 80J of the Income-tax Act before the appellate authority when no such claim was made before the Income-tax Officer '2. The relevant facts may be briefly stated :The assessee is a registered firm with the financial year as the accounting year and the main business has been that of manufacture of insecticides. During the year of account, the total turnover was found to be Rs. 6,42,090 with a gross profit of 30 per cent. The ITO noticed certain defects in the books and hence added an ad hoc amount of Rs. 50,000 to the trading acco...
Tag this Judgment!Commissioner of Income-tax Vs. M. Krishna Rao
Court: Andhra Pradesh
Decided on: Feb-24-1978
Reported in: [1979]120ITR101(AP)
S. Obul Reddi, C.J. 1. This reference raises the question whether the sale of the plots by the assessee is assessable to tax as income from adventure in the nature of trade for the assessment years 1968-69 and 1969-70. 2. The assessee purchased 16 acres and 14 guntas of land which was jointly held by two owners. He purchased the share of one owner on December 19, 1964, for Rs. 5,000. About three years later on September 2, 1967, he purchased the share of the other owner for Rs. 25,000. He then applied to the Village Panchayat for permission to convert the land into building sites. On January 24, 1968, the Village Panchayat granted him the requisite permission to convert his land into building sites. He had also named the colony as 'Durganagar Colony'. Out of the total extent of 16 acres and 14 guntas, 10 acres was converted into building sites. The assessee then sold some of the plots in the relevant assessment years 1968-69 and 1969-70 for Rs. 35,222 and Rs. 1,06,273, respectively. Th...
Tag this Judgment!Commissioner of Income-tax Vs. Gangappa Cables Ltd.
Court: Andhra Pradesh
Decided on: Feb-24-1978
Reported in: [1979]116ITR778(AP)
Obul Reddi, C.J. 1. The following question has been referred to this court at the instance of the revenue for our opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law to permit the assessee to raise for the first time a claim for Section 80J(1) relief in the appeal filed before it ?'2. The learned counsel for the revenue, Mr. Rama Rao, relying upon the decision of the Supreme Court in Addl. CIT v. Gurjargravures P. Ltd. : [1978]111ITR1(SC) , contended that it is not open to an assessee to claim any relief before the AAC or before the Tribunal which he had not claimed before the ITO.3. The facts necessary for determining the question referred to us and raised by the learned counsel are these : The assessee, Messrs. Gangappa Cables Ltd., Hyderabad, is a limited company carrying on business of manufacturing cables. The assessee filed an appeal before the Tribunal as it was aggrieved by the orders of the ITO and the AAC that certain expendi...
Tag this Judgment!P. Satyanarayana Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Feb-23-1978
Reported in: [1979]116ITR803(AP)
Obul Reddi, C.J. 1. The following question is referred for the opinion of this court:'Whether, on the facts and in the circumstances of the case, the assessee is entitled to claim the sum of Rs. 39,449 as loss arising in the course of business allowable under Section 28 of the I.T. Act, 1961, or in the alternative as a bad debt deductible under Section 36(2) of the said Act ?'2. The facts leading to the reference are these : The assessee (P. Satya-narayana) is an individual carrying on business as a film distributor. His accounting year was the calendar year. The assessment year with which we are now concerned is 1969-70. He entered into an agreement with a firm of film producers, Messrs. Sri Sambhu Films, Madras. That agreement was on June 4, 1965, for acquisition of distribution rights of a film 'Andhra Maha Vishnu' which was under production at that time. In pursuance of that agreement, he advanced a total amount of Rs. 1,68,000. After the film was produced, the assessee, as distrib...
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