Andhra Pradesh Court February 1978 Judgments
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Venkateswara Stone Co. Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Feb-02-1978
Reported in: [1978]115ITR236(AP)
S. Obul Reddi, C.J.1. This reference at the instance of the assessee raises the question whether Section 187 or 188 of the Income-tax Act applies. Mr. Anjaneyulu, the learned counsel appearing for the assessee, relying upon the Full Bench decision of this court in Addl, Commissioner of Income-tax v. Vinayaka Cinema : [1977]110ITR468(AP) contended the Section 187 does not apply to a situation where a firm is dissolved by the operation of law on account of the death of one of the partners, and that the fact that the partners of the dissolved firm continued the same business as before by taking in one or more partners by fresh agreement will not bring the case under Section 187 of the Act.2. The facts leading to this reference are these :Under a deed of partnership dated May 3, 1971, the firm of Messrs. Venkateswara Stone Company, Kasturpalli, came into existence with 15 partners. The deceased, Linga Reddi, who was one of the partners of the firm, died on September 29, 1972. A new partner...
Gajjala Dastagiri Reddy Vs. Pasula Seshareddy and anr.
Court: Andhra Pradesh
Decided on: Feb-01-1978
Reported in: AIR1978AP299
ORDER1. The intricate issue that requires to be resolved in this revision petition is whether an order dismissing a claim application under O. 21 R. 58 C. P. C. on the ground that the claimant had no locus-standi to file the application is an order against the claimant attracting o. 21, R. 63 C. P. C.2. The facts giving rise to this revision petition are these: The petitioner is the claimant in the claim petition. The first respondent is the decree-holder and the second-respondent is the judgement debtor in O. S. No. 74 of 1971 on the file of the Court of the Subordinate judge, Kurnool. The second respondent obtained two decrees one in O. S. No. 28 of 1973 on the file of the Court of the District Munsif, Koilkuntala, against the first respondent. The petitioner obtained transfer of the decree in O. S. No. 12 of 1973 on 31-7-1973. When the petitioner sough to execute the decree in O. S. No. 12 of 1973 and filed execution petition, it was returned by the District Munsif, Koilkuntla, on 7...
Mrs. Hafeezunnisa Begum and anr. Vs. Addl. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Feb-01-1978
Reported in: [1979]116ITR487(AP)
S. Obul Reddi, C.J. 1. These two references at the instance of the assessees raise identical questions. The assessee in R. C. No. 109 of 1976 is Mrs. Hafeezunnisa Begum, partner of Kharkhana Zinda Tilismath, Hyderabad, and the assessee in R. C. No. 119 of 1976 is Mrs. Mohammadi Begum, another partner of the same firm. These two assessees are the widows of one Hakim Mohammed Moizuddin who was the proprietor of the firm, Messrs. Kharkhana Zinda Tilismath. He died intestate in February, 1954, leaving behind his mother, two wives (the assessees) and sons and daughters, some of whom were minors born to both the wives. The deceased was governed by the Muslim Sunni Hanafi law. All his legal heirs including the assessees and the minor sons succeeded to the matruka of the deceased in definite shares according to their personal law. On May 4, 1954, for the purpose of carrying on the business of the firm belonging to the deceased Hakim Mohammed Moizuddin, all the heirs entered into a partnership....
Commissioner of Income-tax Vs. T.N. Aravinda Reddy
Court: Andhra Pradesh
Decided on: Feb-01-1978
Reported in: [1979]116ITR551(AP)
S. Obul Reddy, C.J. 1. The question that arises in this reference is whether the assessee is entitled to invoke in his favour Section 54 of the I.T. Act, 1961. 2. The facts giving rise to this reference are these: The assessee was one of the four brothers. They constituted a joint Hindu family. The four brothers partitioned the properties by executing a registered deed of partition on May 19, 1951. Again, on August 27, 1957, there was another deed of partition whereby certain allocations made under the earlier deed were altered and fresh allocations made. Under this deed, a house at Madanapalle, which was in the occupation of their mother, was allowed to be kept joint between the four brothers. On August 25, 1966, the brothers entered into another agreement under which the other three brothers agreed to give properties worth one lakh of rupees to the assessee, their elder brother, towards 'Jeshta bhagam' in addition to his 1/4th share in consideration of his having improved and develop...
Addl. Commissioner of Income-tax Vs. Maggaji Shermal and anr.
Court: Andhra Pradesh
Decided on: Feb-01-1978
Reported in: [1978]114ITR862(AP)
Obul Reddi, C.J.1. These two references, though relate to separate assessees, raise two identical questions and, therefore, they may be conveniently disposed of by a common judgment.2. For the purpose of answering the references, we may refer to the statement of the case in R. C. No. 165/76 and the questions referred therein. This reference is at the instance of the revenue and relates to the assessment year 1968-69. The assessee is a partnership firm carrying on business in purchase of groundnuts, turmeric, etc. The firm came into existence on October 30, 1967, and it was dissolved on March 31, 1968, On November 4, 1967, it entered into a contract with M/s. Mudiam Oil Company, Prodd-atur, for purchase of 1,000 bags of groundnuts at the rate of Rs. 358 per kandi equal to 250 kgs. The delivery of the goods was tq be made in the month of February, 1968. The other terms of the contract are not relevant. On December 16, 1968, there was a fall in the price of groundnuts. and the assessee, t...
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