Andhra Pradesh Court February 1987 Judgments
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Commissioner of Gift-tax Vs. Bandi Subba Rao
Court: Andhra Pradesh
Decided on: Feb-24-1987
Reported in: (1987)63CTR(AP)305; [1987]167ITR66(AP)
K. Ramaswamy, J.1. This reference under section 26 of the Gift-tax Act, 1958, (Act 18 of 1958) (for short 'the Act'), has arisen at the instance of the Revenue for our opinion on the question posed thus : '(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the deed executed on March 21, 1970, partakes the nature of a family settlement and that the transaction was not a transfer or aliention liable to gift-tax (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that there was no texable gift to the married daughter in spite of the transfer of agricultural lands being effected after a lapse of years after the marriage ?' The material facts in support of the reference are that the assessee, an individual, during the assessment year 1970-71 executed a partion deed on March 21, 1970, by which he gave away acres 9.94 of wet of wet land to his married daughter, Smt. Sr...
Batchu Venkataramanaiah and Co. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Feb-24-1987
Reported in: [1988]71STC166(AP)
M.N. Rao, J. 1. This revision petition under section 22 of the Andhra Pradesh General Sales Tax Act was filed by Batchu Venkataramanaiah & Company, a registered dealer under the Central Sales Tax Act (C.S.T. Act) carrying on business at Nellore, questioning the order of the Sales Tax Appellate Tribunal made in T.A. No. 872 of 1978 dismissing the appeal preferred by him. The assessment year relevant for this revision is 1975-76. During the assessment year 1975-76, the Commercial Tax Officer, Nellore assessed the petitioner (assessee) herein to tax under the C.S.T. Act on a turnover of Rs. 6,54,635.05. That order was carried in appeal by the assessee to the Assistant Commissioner unsuccessfully. In the second appeal before the Sales Tax Appellate Tribunal, the assessee filed an application to raise an additional ground contending that as an agent of ryots and also in his capacity as an agriculturist, he was not liable to tax on a turnover of Rs. 4,33,502 out of the disputed turnover of R...
Chintaparthi Venkataramana Reddy Vs. Nallam Rajamnia and anr.
Court: Andhra Pradesh
Decided on: Feb-24-1987
Reported in: AIR1988AP40
ORDER1. The plaintiff, who filed a suit against the defendants for recovery of possession of the plaint schedule property on the ground that the continuance of possession of the defendants is unlawful and illegal, sought an amendment of the plaint claiming compensation by way of damages at the rate of Rs.30/- per month from the date of issuance of the notice dt/- 16-10-1982 till the date of delivery of the plaint schedule property to him The trial court dismissed that petition on the ground that there was an abnormal delay of more than two years and that the plaintiff having slept over his right for such a long period is not entitled in law for the amendment sought for.-In my view the learned District Munsif has acted legally and with material irregularity in the exercise of his jurisdiction in dismissing the amendment petition. As regards the power of amendment under 0. VI, R. 17, C.P.C. the general principle is that the power to grant amendment of the pleadings being intended o serve...
C. Raghava Reddy Vs. Superintending Engineer, Nizamabad and anr.
Court: Andhra Pradesh
Decided on: Feb-20-1987
Reported in: AIR1988AP53
Jeevan Reddy, J.1. The Civil Miscellaneous Appeal is preferred against an interlocutory order passed by the learned Subordiante Judge, Medak. in a suit filed under S. 20 of the Arbitration Act. The appellant entered into a contract with the respondents (representing the Government) or construction of Masonry Blocks of Spill-aay at left flank of Signoor Project. The work was to be completed within 18 months, i.e., by 23-5-1985. It was not so completed. At he appellant's request time was extended on more than one occasion. Meanwhile. disputes rose between the parties with respect to certain other matters as a result of which the appellant stopped the work with effect from 4-1-1986. The respondents thereupon stopped ill further payments as contending that the agreement as extended expired on 30-6- 1985. The appellant then raised a dispute claiming a sum of Rs.33 lakhs from the Despondent. The respondents not only disputed the appellants claim but in turn claimed an amount of Rs.21,58,000/...
Commissioner of Income-tax Vs. Puran Das Ranchoddas and Sons
Court: Andhra Pradesh
Decided on: Feb-19-1987
Reported in: [1987]169ITR480(AP)
K. Ramaswamy, J. 1. M/s. Purandas Ranchoddas & Sons, a partnership firm, consisting of eight partners, was dissolved, consequent upon the issue of a notice by Shantilal, one of the partners on November 5, 1972, with effect from November 6, 1972. By a deed of dissolution dated January 6, 1973, whereunder three outgoing partners, viz., Motilal, Ramlal and Shantilal, minor represented by his father, Motilal, together received a sum of Rs. 80,000 towards their share in the goodwill and relinquished all their rights. The assessee debited in its accounts the said sum of Rs. 80,000 as revenue expenditure and claimed it as allowance under section 37(1) of the Income-tax Act, 1961 (Act 43 of 1961), in short, 'the Act'. The Income-tax Officer and the Appellate Assistant Commissioner disallowed the claim treating it as capital expenditure. On second appeal, the Income-tax Appellate Tribunal held it to be business expenditure and, therefore, granted allowance of the said amount of Rs. 80,000 under...
Vazir Sultan Tobacco Co. Ltd. Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Feb-19-1987
Reported in: [1989]177ITR532(AP)
K. Ramaswamy, J.1. At the instance of the assessee, the following questions have been referred under section 256(1) of the Income-tax Act, 1961 (Act 43 of 1961), for short 'the Act': '(i) Whether, on the facts and in the circumstances of the case, the loss of Rs. 10,485 incurred by the assessee owing to exchange fluctuations in connection with the purchase of machinery from abroad is allowable in computing the assessee's income (ii) Whether, on the facts and in the circumstances of the case, the assessee is entitled to deduction of surtax payable under the Companies (profits) Surtax Act as business expenditure under section 37 of the Income-tax Act or alternatively as expenditure incidental; to carrying on of business deductible under section 28 of the Act while computing income under the head 'Business' ?' The assessee, during the previous year relevant to the assessment year 1973-74. Incurred a sum of Rs. 10,485 towards the liability to repay the loan taken from the National and Grin...
Commissioner of Income-tax Vs. Puran Das Ranchoddas and Sons.
Court: Andhra Pradesh
Decided on: Feb-19-1987
Reported in: (1988)63CTR(AP)278; [1988]169ITR480(AP)
K. RAMASWAMY J. - M/s. Purandas Ranchoddas & Sons, a partnership firm, consisting of eight partners, was dissolved, consequent upon the issue of a notice by Shantilal, one of the partners on November 5, 1972, with effect from November 6, 1972. By a deed of dissolution dated January 6, 1973, whereunder three outgoing partners, viz., Motilal, Ramlal and Shantilal, minor represented by his father, Motilal, together received a sum of Rs. 80,000 towards their share in the goodwill and relinquished all their rights. The assessee debited in its accounts the said sum of Rs. 80,000 as revenue expenditure and claimed it as allowance under section 37(1) of the Income-tax Act, 1961 (Act 43 of 1961), in short, 'the Act'. The Income-tax Officer and the Appellate Assistant Commissioner disallowed the claim treating it as capital expenditure. On second appeal, the Income-tax Appellate Tribunal held it to be business expenditure and, therefore, granted allowance of the said amount of Rs. 80,000 under s...
Commissioner of Income-tax Vs. Barium Chemicals Ltd.
Court: Andhra Pradesh
Decided on: Feb-18-1987
Reported in: (1987)64CTR(AP)79; [1987]168ITR164(AP)
M.N. Rao, J. 1. This consolidated reference under section 256(1) of the Income-tax Act, 1961, arises out of a common order made by the Income-tax Appellate Tribunal Hyderabad, in ITA Nos. 1286 and 1296 of 1975-76. The relevant assessment year is 1968-69. The questions referred to this court are as follows : Questions raised by the Revenue : '1. Whether, on the facts and in the circumstances of the case, the sum of Rs. 47,20,539 received from M/s L. A. Mitchells Ltd., Manchester, during the assessment year 1968-69 or any part thereof constitutes a revenue receipt or a capital receipt 2. Whether the amount of Rs. 47,20,539 is exigible to capital gains tax in the event of holding that the said amount constitutes capital receipt ?' Questions raised by the assessee-company : '1. Whether, on the facts and in the circumstances of the case, the sum of Rs. 50,000 paid by the assessee to M/s. Atkins Pvt. Ltd., Calcutta, could be allowed as business expenditure partaking of the nature of reven...
Commissioner of Income-tax Vs. Sahney Steel and Press Works (P.) Ltd.
Court: Andhra Pradesh
Decided on: Feb-18-1987
Reported in: (1987)63CTR(AP)8; [1987]168ITR811(AP)
M.N. Rao, J.1. At the instance of the Revenue, the following question was referred to this court under section 256(1) of the Income-tax Act, 1961 (Act 43 of 1961) (for short 'the Act') : 'Whether, on the facts and the circumstances of the case, the Tribunal was right in holding that the assessee was entitled to depreciation in respect of the land and building at Bombay for the assessment year 1973-74 ?' 2. The assessment year in question is 1973-74. The assessee is a private limited company carrying on business in armatures, laminations and stampings. For the purpose of this business, for its Bombay Office, it purchased a building in Bombay on March 13, 1971. The conveyance deed in respect of that property was, however, not registered in the relevant previous year. The assessee claimed depreciation in respect of the building in the assessment proceedings for the assessment year 1973-74 and also in the assessment proceedings for the preceding assessment year 1972-73. The claim for depre...
Etikala Varalaxmi and ors. Vs. the General Manager, Andhra Pradesh Sta ...
Court: Andhra Pradesh
Decided on: Feb-18-1987
Reported in: I(1988)ACC483; AIR1988AP382
1. This appeal at the instance of the claimants is u/s. 110D of the Motor Vehicles Act. The claim for compensation arose out of the accident occurred on 20-6-1981 at about 2 p.m. when the APSRTC express bus dashed against the deceased who was going on a motor cycle. The claimants are the wife and children of the deceased. It is stated that the -deceased was working as a Supervisor in Agricultural Marketing Society, Nidamanoor drawing a salary of Rs.710/- p. m. The court below found. that there was a contributory negligence on the part of the deceased and held that in normal course the compensation would have been Rs.27,500/- but however allowed only Rs.13,750/- comprising Rs.10,000/- towards loss of earnings and Rs.3753 towards consortium. 2. The learned counsel for the appellants contends that there is no contributory negligence and it is solely due -to rash and negligent driving of the driver of the APSRTC express bus the accident occurred and that in any event the compensation award...
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