Andhra Pradesh Court October 1984 Judgments
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K. Ramana Reddy Vs. Commissioner of Wealth Tax
Court: Andhra Pradesh
Decided on: Oct-29-1984
Reported in: (1987)65CTR(AP)211
Anjaneyulu, J. 1. This reference arises under s. 27(1) of the WT Act, 1975 (hereinafter referred to as 'the Act'). The assessment year involved is 1977-78. The assessee is an HUF. The WTO found that the wife of the Karta has wealth in her individual capacity in excess of Rs. 1 lakh. Consequently, he taxed the net wealth in the case of the assessee joint family at the higher rates specified in para (2) of Part I of schedule I to the Act. It may be pointed out that for the purpose of wealth-tax in the case of every HUF which has at least one member whose net wealth assessable for the assessment year exceeds Rs. 1 lakh, wealth-tax is payable by the joint family on its net wealth at the higher rates specified therein. The assessee's contention is that the expression 'member' occurring in para (2) of Part I of Schedule I refers to a male member who is a coparcener and not a female member. According to the assessee, as the family did not consist of more than one coparcener and only a female ...
S. Gopalreddi Vs. Commissioner of Wealth Tax
Court: Andhra Pradesh
Decided on: Oct-29-1984
Reported in: (1985)48CTR(AP)247
Anjaneyulu, J. 1. This reference arises under s. 27(1) of the WT Act, 1957 ('the Act' for short). The assessment years involved are 1975-76 and 1977-78. The assessee is an HUF. The WTO found that the wife of the Karta has wealth in her individual capacity in excess of Rs. 1,00,000. Consequently he taxed the net wealth in the case of the assessee-joint family at the higher rates specified in para (2) of Part I of Sch. I to the WT Act. It may be pointed out that for the purpose of wealth tax in the case of every HUF which has at least one member, whose net wealth assessable for the assessment year exceeds Rs. 1,00,000 wealth tax is payable by the joint family on its net wealth at the higher rates specified therein. The assessee's contention is that the expression 'member' occurring in para (2) of Part 1 of Sch. 1 refers to a male member who is a coparcener and not a female member. According to the assessee, as the family did not consist of more than one coparcener and only a female membe...
S. Venka Reddy Vs. Commissioner of Wealth-tax
Court: Andhra Pradesh
Decided on: Oct-29-1984
Reported in: (1985)49CTR(AP)271; [1986]159ITR683(AP)
Anjaneyulu, J. 1. This reference arises under section 27(1) of the Wealth-tax Act, 1957 ('the Act' for short). The assessment years involved are 1976-77 and 1977-78. The assessee is a Hindu undivided family. The Wealth-tax Officer found that the wife of the karta has wealth in her individual capacity in excess of Rs. 1,00,000. Consequently he taxed the net wealth in the case of the assessee-joint family at the higher rates specified in sub-para (2) of Part I of Schedule I to the Wealth-tax Act. It may be pointed out that for the purpose of wealth-tax in the case of every Hindu undivided family which has at least one member, whose net wealth assessable for the assessment year exceeds Rs. 1,00,000 wealth-tax is payable by the joint family on its net wealth at the higher rates specified therein. The assessee's contention is that the expression 'member' occurring in sub-para (2) of Part I of Schedule I refers to a male member who is a coparcener and not a female member. According to the as...
Commissioner of Income-tax, Andhra Pradesh Vs. M.D. Manohar Rao
Court: Andhra Pradesh
Decided on: Oct-27-1984
Reported in: (1985)48CTR(AP)13; [1985]155ITR696(AP)
Jeevan Reddy, J.1. Under s. 256(1) of the I.T. Act, 1961, the question referred for the opinion, at the instance of the Revenue is : 'Whether, on the facts and in the circumstances, capital gains can be computed with reference to the sum of Rs. 1,20,000 which the assessee received ?' 2. Under s. 256, two more questions have been asked for our opinion, again at the instance the Revenue. They are : '(1) Whether, on the facts and the circumstances of the case, the Tribunal was Justified in holding tat capital gain has to be computed by taking into account only Rs. 1,20,000 which, according to the Tribunal, was actually by the assessee from the land acquisition authorities, or Rs. 2,20,220, which is the amount of compensation awarded (2) Whether, on the evidence available and the probabilities of the case, the Tribunal was justified in holding that there was a legally enforceable agreement between the assessee and Shri Ponnurangam ?' 3. The assessee was the owner of land admeasuring 4 acre...
Commissioner of Income-tax Vs. Sri Venkateswara Rice and Oil Mills
Court: Andhra Pradesh
Decided on: Oct-26-1984
Reported in: [1985]154ITR756(AP)
Anjaneyulu, J.1. At the instance of the Commissioner if Income-tax, the Income-tax Appellate Tribunal referred the following questions of law to this court for its opinion under s. 256(1) of the I.T. Act, 1961 (for short 'the Act') : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the assessee has not carried on any business in speculation and, hence the loss claimed should be allowed as business loss ?' 2. The reference relates to the assessment years 1969-70 to 1974-75 (both years inclusive). The question arising for consideration is whether the assessee is entitled to claim loss suffered by him in respect of certain contracts entered into by him which were eventually settled otherwise than by delivery. The Revenue contends that, inasmuch as these contracts were settled otherwise than by delivery, the loss arising in respect of such transactions, being transactions of a speculative nature within the terms of s. 43(5) o...
Subash Kumar Lohade and anr. Vs. the Special Officer, Municipal Corpor ...
Court: Andhra Pradesh
Decided on: Oct-26-1984
Reported in: AIR1985AP352
Jeevan Reddy, J. 1. In this batch of Writ Petitions, the petitioners are questioning the validity and competence of the Municipal Corporation of Hyderabad to insist upon the reduction of a no-objection certificate from the District Collector, Hyderabad, as a pre-condition for sanctioning the layout applied for by the petitioners. The individual facts of these several Writ Petitions are not relevant for the purpose of deciding the question arising herein, and it wool be sufficient if we set out the facts in the first Writ Petition, viz., W.P.No. 4920/1984. A. The petitioner in the aforesaid writ petition says that, he is the owner of half portion of Plot No.1, situated at Jubilee Hills, Banjara Hills, Hyderabad; that, he had purchased the same under a registered sale deed dt. 10-10-1970 from one T.V. Ramachandraiah who, in turn, is said to have purchased the same, along with some other land, from one Shamim Begum in 1967. The petitioner applied to the Municipal Corporation for sanction ...
S. Venka Reddy Vs. Commissioner of Income-tax, Andhra Pradesh-ii, Hyde ...
Court: Andhra Pradesh
Decided on: Oct-26-1984
Reported in: [1986]157ITR489(AP)
Y.V. Anjaneyulu, J. 1. This reference is made by the Income-tax Appellate Tribunal at the instance of the assessee under section 256(1) of the Income-tax Act, 1961. The following question of law is referred for the opinion of this court : 'Whether, on the facts and in the circumstances and on a correct interpretation of Part IA of Paragraph A of the Schedule to the Finance Act read with the relevant provisions of the Income-tax Act, the Tribunal is correct in holding that the word 'member' occurring therein takes in a female member of, a Mitakshara Hindu undivided family and, therefore, the assessee-Hindu undivided family is rightly assessed to tax at the higher rate prescribed in the said Finance Act ?' 2. The assessee is a Hindu undivided family. The Income-tax Officer determined the total income of the joint family and also determined the income-tax payable in accordance with Sub-para. II, Part I of Schedule I to the Finance Act. It is provided in Sub-para. II that in the case of ev...
Mysore Structurals Ltd. Vs. Assistant Collector of Central Excise and ...
Court: Andhra Pradesh
Decided on: Oct-26-1984
Reported in: 1985(4)ECC165; 1985LC216(AP); 1985(19)ELT60(AP)
B.P. Jeevan Reddy, J.1. The question in this writ petition is, whether the petitioner who manufactures sleepers and supplies them, exclusively to the South Centra] Railway, was right in not including the value of malleable cast iron (MCI) inserts in the value of the sleepers supplied by it to the Railways The relevant facts are the following :2. A contract was entered into between the Railways and the petitioner on 19-7-1973-which has been extended from time to time-.whereunder the petitioner has undertaken to manufacture and supply sleepers. The contract stipulates that the Railways shall supply MCI inserts, free, to the petitioner, which have to be inserted into the sleepers, at the time of their manufacture'. These inserts are meant to hold the rails which are laid over the sleepers. The contract further stipulates that the petitioner shall account for all the MCI inserts supplied to him. It would be appropriate to notice the relevant clauses in the contract. Sub-clauses (1) and (2)...
B. Rajendra Oil Mills and Refinery Vs. Union of India and ors.
Court: Andhra Pradesh
Decided on: Oct-25-1984
Reported in: 1985(19)ELT53(AP)
Jeevan Reddy, J.1. This writ petition is directed against the order of the Government of India in a revision petition filed by the petitioner. The petitioner is Messrs. Rajendra Oil Mills & Refinery, Hyderabad. It is engaged in the manufacture of `Industrial Hard Oil', which is used as a raw material in the manufacture of soaps. The petitioner says that the `industrial hard oil' is manufactured out of raw castor oil, and that the `industrial hard oil' is popularly known as `Vegetable Tallow' or `hard lump', but that it is not known as 'processed vegetable non-essential oil' in the market. The petitioner says that the raw castor oil is subjected to a process of clarification and then hydrogenated at a melting point over and above 45 degrees and converted into hard lumps, which are unfit for human consumption. According to the petitioner this `industrial hard oil' or `hard lumps', as it may be called, is not dutiable under any of the provisions of the Central Excises and Salt Act, 1944. ...
indo National Limited Vs. Union of India
Court: Andhra Pradesh
Decided on: Oct-25-1984
Reported in: 1985(5)ECC11; 1985(19)ELT52(AP)
Jeevan Reddy, J.1. The petitioner is a limited company manufacturing dry battery cells known as 'Nippo Batteries', having its factory at Nellore, Andhra Pradesh. The petitioner says that for the purpose of manufacturing dry battery cells, the petitioner imports zinc ingots from foreign countries through the Minerals and Metal Trading Corporation of India and that the zinc ingots are then melted in a furnace in their factory adding cadmium and lead as alloys. Then they are made into bars called `bus bars'. These bars are rolled to required thickness, the edges being unspecified and they are then fed into punching power press, whereby hexagonal shaped pellets are punched. These pellets will then be lubricated with graphite powder and extruded into zinc cans which are used as anodes in the manufacture of battery cells. The Central Excise authorities sought to levy duty upon the zinc bars treating them as `zinc strips' within the meaning of tariff item No. 26(B)(2) of the First Schedule to...
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