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Andhra Pradesh Court October 1983 Judgments

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Oct 07 1983

Commissioner of Income-tax, Andhra Pradesh, Hyderabad Vs. Trustees of ...

Court: Andhra Pradesh

Decided on: Oct-07-1983

Reported in: [1985]151ITR562(AP)

Punnayya, J. 1. The trustees of late Nizam Supplemental Family Trust, Hyderabad, filed income-tax returns for the year 1962-63 on behalf of the beneficiaries on April 2, 1964, along with the application under s. 237 of the I.T. Act for the refund of the tax of Rs. 20,050.52 deducted at source on interest on government securities and dividends. But the refund application was not disposed of. The trustees, therefore, reminded the ITO on June 17, 1964, for the disposal of the refund application. On June 22, 1964, the ITO gave a reply stating that the refund cannot be granted to the trustees unless the reference on the same question for the preceding assessment years filed by the trustees are disposed of by the High Court. On September 23, 1966, the assessee once again reminded the ITO for the grant of refund but there was no reply from the ITO. The ITO issued a notice under s. 148 of the I.T. Act requiring the trustees of file a return for the assessment year 1962-63. The assessee filed a...


Oct 05 1983

Sajanam Enterprises Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Decided on: Oct-05-1983

Reported in: AIR1984AP260

Chennakesav Reddi, J. What is the extent of the frontiers of executive power under Art. 162 of the Constitution of India? Does it extent to order an inquiry into the alleged glaring irregularities committed by Officers of a State Government Undertaking- a Government Company as defined under S. 617 of the Indian Companies Act, 1956, in awarding a contract? Are the two questions that require to be answered in this writ appeal. 2. the events and circumstances that led to the filing of the Writ appeal shortly stated are these: 3. Singareni Collieries Co., Ltd., (hereinafter referred to as 'the Company') is a ...


Oct 04 1983

Madras Marine Co. Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Oct-04-1983

Reported in: [1984]56STC154(AP)

Amareswari, J.1. The four revisions relate to the assessment years 1969-70, 1970-71, 1971-72 and 1972-73 and are preferred by the same assessee. 2. The common question that arises for consideration is whether the turnover representing sales of liquor imported by the assessee, and kept in the warehouse without payment of customs duty to foreign vessels for consumption during voyage after the vessel crosses the Indian border is exigible to tax under the Andhra Pradesh General Sales Tax Act. 3. The assessee, M/s. Madras Marine Co., Visakhapatnam, is a dealer in bonded stores and ship chandlers. They import liquor from outside India and supply them to foreign vessels. The business is transacted in the following manner. The goods imported are kept in a bounded warehouse under the supervision of customs authorities. No customs duty is paid. On receipt of orders from the ship's Master, bills are prepared and goods are realised. The Customs Officer accompanies the goods, keeps them in a locker...


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