Andhra Pradesh Court November 1987 Judgments
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Commissioner of Income-tax Vs. D.B.R. Mills
Court: Andhra Pradesh
Decided on: Nov-20-1987
Reported in: [1988]172ITR366(AP)
B.P. Jeevan Reddy, J.1. The Income-tax Appellate Tribunal, Hyderabad, has referred the following question under Section 256(1) of the Income-tax Act, 1961 :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in holding that the remuneration to the joint managing directors should not be restricted by applying the provisions of Section 40A(5) of the Income-tax Act, 1961 ?'2. The assessee is a company. During the accounting years relevant to the assessment years 1974-75, 1975-76 and 1976-77, the assessee paid certain remuneration to two of its joint managing directors and claimed the same as deduction. The Income-tax Officer disallowed a portion of the amounts paid, applying the provisions contained in Sub-section (5) of Section 40A(5). On appeal, the Commissioner of Income-tax (Appeals) held that the correct provision applicable is Section 40(c)(i) and not Section 40A(5). Accordingly, he reduced the amount disallowed by the Income-tax...
Commissioner of Income-tax Vs. Andhra Pradesh Industrial Infrastructur ...
Court: Andhra Pradesh
Decided on: Nov-19-1987
Reported in: [1989]175ITR361(AP)
Jeevan Reddy, J. 1. Two questions are stated for our opinion under section 256(1) of the Income-tax Act, 1961, viz. : '1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the income derived from the letting out of sheds owned by the assessee should be assessed as income from business 2. Whether, on the facts in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the interest income derived from banks should be assessed as income from business ?' The assessee is a public limited company set up by the Government of Andhra Pradesh to encourage and stimulate industrial development in the State. It was formed with the object of developing infrastructural facilities for industries in the State which aspect was earlier looked after by the Industrial Department of the Government. After its formation, the assessee developed further industrial areas and industrial estates at seve...
Commissioner of Income-tax Vs. P. Ramagouda Satyam Reddy and Co.
Court: Andhra Pradesh
Decided on: Nov-19-1987
Reported in: (1988)70CTR(AP)58; [1988]172ITR491(AP)
B.P. Jeevan Reddy, J. 1. The following question is stated for our opinion under section 256(1) of the Income-tax Act, 1961 : 'Whether, on the facts and in the circumstances of the case, the advance tax paid beyond due date should be deducted from the tax payable for the purpose of calculating the penalty under section 271(1)(a) ?' 2. For the assessment year 1969-70, the assessee filed the return on April 8, 1970, whereas he ought to have filed the same on or before June 30, 1969. It was his first year of business. His accounting year ended on September 30, 1968. He filed an estimate of advance tax and paid advance tax of Rs. 12,940 on February 26, 1969. Proceedings were taken against the assessee under section 271(1)(a) for late filing of the return and penalty was levied. The only question arising herein is, whether the advance tax paid by the assessee should not be deducted from out of the tax determined to be payable, called 'assessed tax', for the purpose of calculating the penalty...
Commissioner of Income-tax Vs. Central Wines
Court: Andhra Pradesh
Decided on: Nov-19-1987
Reported in: [1988]174ITR316(AP)
Upendralal Waghray, J. 1. At the instance of the Revenue, the following question has been referred for the opinion of this court under section 256(1) of the Income-tax Act, 1961 : 'Whether, on the facts and in the circumstances of the case, the sales tax of Rs. 2,16,343 collected but not paid by the assessee during the previous year relevant to the assessment year 1976-77 is includible or not in the total income of the assessee ?' 2. The relevant assessment year is 1976-77. The assessee claimed deduction in its return of a sum of Rs. 2,16,343 collected by it towards sales tax, but which was not remitted to the State Government during the previous year relating to the assessment year. According to the assessee, there is no dispute about the liability to pay this amount to the State Government which, as a matter of fact, was collected as sales tax. It is not in dispute that the assessee follows the mercantile system of accounting. The Income-tax Officer has disallowed the aforesaid claim...
Commissioner of Income-tax Vs. Nagarjuna Steels Ltd.
Court: Andhra Pradesh
Decided on: Nov-18-1987
Reported in: (1988)71CTR(AP)118; [1988]171ITR663(AP)
B.P. Jeevan Reddy, J. 1. R.C. No. 315 of 1982. - Two questions are referred under section 256(1) of the Income-tax Act, 1961, in this case. They are : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the amount of Rs. 15,092 should not be considered for being taxes as revenue but had to be set off against interest payment of Rs. 7,79,297 and the balance alone had to be capitalised (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the amount of Rs. 4,900 could not be considered as a separate revenue receipt but had to be set off against larger amounts of expenditure of a capital nature and the reduced amount alone should be considered for the purpose of determining the actual cost of assets ?' 2. The assessment year concerned is 1977-78. The assessee-company was incorporated on July 19, 1974. The main objects of the company were to own and acquire ferrous and non-ferrous meta...
Balaji Boiled Rice Mill and ors. Vs. Commercial Tax Officer, Khammam a ...
Court: Andhra Pradesh
Decided on: Nov-18-1987
Reported in: [1988]71STC86(AP)
Y.V. Anjaneyulu, J. 1. These three writ petitions filed by the same petitioner, M/s. Balaji Boiled Rice Mill, Sudimalla, Khammam District, raise common questions. It will, therefore, be convenient to dispose of the writ petitions together. 2. Writ Petition No. 2716 of 1983 relates to the sales tax assessment year 1979-80 and the prayer in the writ petition is that a writ of prohibition be issued to the Commercial Tax Officer, Khammam, respondent No. 1 herein, from reopening the assessment and making a fresh assessment for the year 1979-80 pursuant to the alleged direction issued by the Deputy Commissioner, Commercial Taxes, Warangal, respondent No. 2 herein. 3. Writ Petition No. 2718 of 1983 also relates to the sales tax assessment year 1980-81 and the prayer is identical to the one in W.P. No. 2716 of 1983. 4. Writ Petition No. 5174 of 1983 relates to the sales tax assessment year 1981-82 and the prayer is to quash the assessment order dated 31st May, 1983 passed by the Commercial Tax...
Commissioner of Income-tax Vs. T. Ponnaiah
Court: Andhra Pradesh
Decided on: Nov-18-1987
Reported in: (1988)69CTR(AP)150; [1988]172ITR269(AP)
B.P. Jeevan Reddy, J.1. The Income-tax Appellate Tribunal has referred the following question under Section 256(1) of the Income-tax Act, 1961, for the opinion of this court :'Whether, on the facts and in the circumstances, of the case, the Income-tax Appellate Tribunal was right in concluding that the income from the properties settled 'in trust in favour of the minor beneficiaries could not be clubbed with the income of the assessee under Section 64(1)(vii) ?'2. The assessee is an individual. He was the owner of the house bearing Municipal No. 8-3-1032, Sreenagar Colony, Hyderabad. On April 14, 1975, he settled a half share in the said house in favour of his major son, Sri Paul Ravinder Ponnaiya. By another settlement deed dated July 2, 1976, he settled the other half of the house under a trust for the benefit of his two minor sons, Ezekiel and Immanuel. The elder/major son, Paul, was appointed the trustee. The object of the trust dated July 2, 1976, with which alone we are concerned...
Gangaila Rambabu and ors. Vs. Zonal Manager, Food Corporation of India ...
Court: Andhra Pradesh
Decided on: Nov-17-1987
Reported in: AIR1988AP304
ORDER1. This judgment will dispose of .ill the four writ petitions since they are interconnected. 2. In this batch of four writ petitions two Societies South Central Railway Labour Contract Co-operative Society Limited, Rajahmundry (hereinafter jailed as SCRLC Co-operative Society) and Food Corporation of India Jattu Sangham, Dowleswaram East Godavari District (hereinafter called as FCI Jattu Sangham) are fighting for securing the contract relating to loading and unloading/handling and transporting of foodgrains from the godown belonging to the Food Corporation of India (hereinafter called as FCI) at Dhowleswaram. The godown is provided with railway siding facilities. On 19- 6-86 the publication regarding tenders was made. The last date for opening of the tenders was 11-7-86 and it was subsequently extended to 25-8-86. The period of contract was for two years from 9-9-1986. In response to the above invitation seven tenders were received by the F.C.I. The lowest tender was that of Centr...
Md. Abdul Waheb and ors. Vs. Society for Self Employed Training and or ...
Court: Andhra Pradesh
Decided on: Nov-16-1987
Reported in: I(1988)ACC307
Jagannadha Rao, J.1. The question arises in this appeal as to the meaning of the words 'legal representatives' in Section 110-A of the Motor Vehicles Act.2. The appeal is preferred by the legal representatives of the deceased under the Motor Vehicles Act claiming compensation. The accident occurred on 16-2-1981 when the deceased was crushed under the wheels of the vehicle belonging to the SETWIN. The claim is by the parents, brother and sister of the deceased in a sum of Rs. 50,000/-. The Court below dismissed the petition on the ground that the negligence of the driver of the vehicle was not established. Alternatively, it gave a finding that if the petition were to be allowed, the claimants would be entitled to Rs. 23,000/-.3. In this appeal preferred by the legal representatives of the deceased, it is contended by Sri S. Hanumaiah that the finding of the lower Court on the question of negligence is erroneous. It is further argued that the SETWIN is liable for the damages. It is furth...
Muffakham Jah Bahadur and ors. Vs. H.E.H. Nawab Mir Barkat Ali Khan Ba ...
Court: Andhra Pradesh
Decided on: Nov-13-1987
Reported in: AIR1989AP68
Amareswari, J.1. The first two Civil Revision Petitions namely, C.R.P. Nos. 2793 and 1703 of 1984are filed against the order, dt. 7-4-1984 passed by the learned Chief Judge, City Civil Court, Hyderabad dismissing O.P. No. 30 of 1984 filed under Section 34 of the Indian Trusts Act requesting the said Court for its opinion and advice on the question whether the trust can be dissolved in the manner suggested by the trustees and the beneficiaries under the trust. C.R.P. No. 1703 of 1984 is filed by the beneficiaries and C.R.P. No. 2793 of 1984 is filed by the trustees.2. The other five C.R.Ps. are filed by third parties against the order of the learned Chief Judge, City Civil Court, Hyderabad dismissing their petitions filed under Order 1, Rule 10 C.P.C. to implead them as parties in O.P. No. 30 of 1984.3. The material facts giving rise to the above Civil Revision Petitions are as follows : --The late H. E. H. Nizam Nawab Mir Osman Ali Khan Bahadur created a trust called H.E.H. the Nizam's...
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