Andhra Pradesh Court April 1987 Judgments
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G.A. Parashuram Vs. Commissioner of Wealth-tax
Court: Andhra Pradesh
Decided on: Apr-14-1987
Reported in: [1988]171ITR41(AP)
Jeevan Reddy, J.1. In this reference made under the section 27(1) of the wealth-tax Act, the following question is referred for our opinion by the Income-tax Appellate Tribunal. 'Whether, on the facts and in the circumstances of the case, and on a correct interpretation of the proviso to section 4(1)(a) of the Wealth-tax Act, 1957, the Tribunal was right in including the value of the assets gifted by the assessee to his wife on March 31, 1967, in computing his net wealth ?' 2. The assessee, an individual, advanced certain amounts to his wife, from time to time, which she invested in constructing a house property. Finally, he made a gift of the aggregate amounts advanced to her, on March 31, 1967. By that date, the construction of the house property, in which the wife was investing the said amounts, was completed. For the assessment years 1973-74 to 1976-77, the wealth-tax officer included the market value of the house property in the Wealth of the assessee. The value so included was Rs...
Bharat Litho Press Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Apr-13-1987
Reported in: [1987]67STC48(AP)
B.P. Jeevan Reddy, J. 1. These petitions raise the question of the power of this Court to grant a stay of collection of tax pending a tax revision case preferred under section 22 of the Andhra Pradesh General Sales Tax Act. 2. Against an order of assessment made by the assessing authority, an appeal is provided by section 19. A further appeal is provided by section 21 to the Sales Tax Appellate Tribunal. Apart from the above, against an order of assessment made, a power of revision is vested in the Joint Commissioner, Deputy Commissioner and the Commercial Tax Officer, by sub-section (2) of section 20. This power is confined to orders made or proceedings recorded by the authorities, officers or persons subordinate to them. Similarly, sub-section (1) of section 20 confers the power of revision upon the Commissioner of Commercial Taxes. These powers are supposed to be exercised in the interest of Revenue. Against an order of the Joint Commissioner, Deputy Commissioner or the Commercial T...
South India Textiles and ors. Vs. Government of Andhra Pradesh and ors ...
Court: Andhra Pradesh
Decided on: Apr-10-1987
Reported in: AIR1989AP55
ORDERK. Ramaswamy, J. 1. The first petitioner is a partnership firm consisting of petitioners 2 to 5 as partners. They sought for registration of the firm under Section 58(1) of the Indian Partnership Act, 1932 (Act LX of 1932) (for short 'the Act') with the name 'the South India Textiles' to do business at Secunderabad as distributors of Madras Coats Limited situated at Ambasamudram, Tamilnadu State. The application was returned with a direction to delete the word 'India' from the name of the firm stating that the word 'India' is prohibited under the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 (for short 'the Emblems Act'). Subsequently they made a representation to the First respondent State Government on May, 2, 1979 seeking permission to use the name 'the South India Textiles' By the impugned order it was negatived. Assailing the legality thereof, the writ petition has been filed.2. The contention of the petitioner which merits acceptance is that ther...
E. Muni Chengal Rao Vs. Tahsildar, Mambalam and ors.
Court: Andhra Pradesh
Decided on: Apr-10-1987
Reported in: (1988)IILLJ183AP
1. The petitioner, while he was working since March 17, 1958 as a Pharmacist in the Government Headquarters Hospital, Chittoor, on November 16, 1962, the District Medical Officer asked a staff nurse to give pathedrine injection to a pregnant lady, but the latter informed the former that no stock of pathedrine injections were available, necessitating the forms to make a surprise check of the stock and found that he petitioner had issued 100 ampules of pathedrine in sections to a lady doctor without any indent and orders by him. The petitioner was kept under suspension pending enquiry. The matter was entrusted to the police for investigation. The police laid a charge-sheet in C.C. No. 46 of 1963 for an offence under Section 409 I.P.C. in the Court of the First Class Magistrate, Chittoor, and was convicted under Section 409 I.P.C. for criminal breach of trust and misappropriation of the drugs costing Rs. 19,323.60 ps. On appeal in Criminal Appeal No. 151/63, Sessions Court acquitted him a...
Hyderabad Asbestos Cement Products Ltd. and ors. Vs. Union of India an ...
Court: Andhra Pradesh
Decided on: Apr-08-1987
Reported in: 1987(14)ECC222; 1989(20)LC115(AP); 1987(32)ELT28(AP)
Y.V. Anjaneyulu, J. 1. M/s Hyderabad Asbestos Cement Products Limited, hereinafter referred to as 'the assessee' is petitioner No.1 herein. Petitioner No. 2 is a shareholder in the above assessee-Company. They seek a writ of Certiorari to quash the order dated 30-9-1983 of the Assistant Collector, Central Excise, Hyderabad IV Division, Hyderabad, respondent No. 3 herein. They also seek directions to respondents Nos. 1 to 3 to grant the assessee the benefit of Proforma Credit Procedure under Rule 56A of the Central Excise Rules, 1944, hereinafter referred to as 'The Rules' in respect of the Excise Duty/Countervailing duty paid on cement and fiber used in the manufacture by the assessee of asbestos cement products at its factories at Sanatnagar, Ballabhgarh and Jasidh. 2. The assessee Manufactures and sells asbestos cement products, such as sheets (corrugated or plain), pressure pipes and couplings etc. The Principal raw a materials used for the manufacture of the asbestos cement product...
G. Satyam and anr., Etc. Vs. Secretary, Regional Transport Authority, ...
Court: Andhra Pradesh
Decided on: Apr-08-1987
Reported in: AIR1987AP247
Syed Shah Mohammed Quadri, J.1. The writ appeal and the writ petitions raise a common question of law viz., whether the Regional Transport Authority in Andhra Pradesh can grant special permit under S. 63(6) of the Motor Vehicles Act, (Act IV of 1939) (for short 'the Act') to enable a public service vehicle to go empty to any other State to pick up passengers of a contracting party there for their journey and return to home State empty, so they were heard together and are being disposed of by a common judgment.2. The writ appeal is directed against the order of our learned brother Raghuvir, J., dated August 30, 1982 dismissing writ petition No. 5100 of 1982 following the judgment in G. Shaik Shavalli, Uravakonda v. Secretary, Regional Transport Authority, Anantapur, : AIR1982AP296 . The petitioners in the said writ petition have been plying tourist buses and contract carriages both within and beyond the State and on the inter-State routes by obtaining special temporary permits. The peti...
Commissioner of Income-tax Vs. Andhra Farm Chemicals Corporation
Court: Andhra Pradesh
Decided on: Apr-02-1987
Reported in: [1988]171ITR660(AP)
B.P. Jeevan Reddy, J. 1. The question referred under section 256(1) of the Income-tax Act, at the instance of the Revenue, is the following : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in deleting the amount of Rs. 13,464 as an allowable expenditure for the assessment year 1975-76 ?' 2. The assessee is a subsidiary company of Andhra Sugars Ltd. The assessee-company was set up for the purpose of manufacturing chemicals. Certain money was lying with it during its formative period. With a view not to keep the said money idle, it deposited the same with the holding company, i.e., Andhra Sugars Ltd. These deposits were to mature only on December 31, 1974. Meanwhile, the assessee required some money and it borrowed a sum of Rs. 2 lakhs from Andhra Sugars Ltd. The interest paid on this amount of Rs. 2 lakhs was set off against the interest earned on the deposits made by the assessee with Andhra Sugars Ltd. and only an amount of Rs. 21,401...
Commissioner of Income-tax Vs. Sait Khubchand Perumal
Court: Andhra Pradesh
Decided on: Apr-02-1987
Reported in: (1987)65CTR(AP)255; [1988]169ITR278(AP)
B.P. Jeevan Reddy, J.1. The following two questions are referred for the opinion of this court under section 256(1) of the Income-tax Act, 1961 : '(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in holding that the penalty levied under section 271(1)(c) of the Income-tax Act, 1961, could not be sustained for the assessment year 1979-71 (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justifies in law in holding that the Inspecting Assistant Commissioner did not lose jurisdiction to levy penalty in spite of the subsequently changes in law ?' So far as the second question is concerned, it has to be answered in favour of the Revenue and against the assessee, following the judgments of this court in Addl. CIT v. Dr. Khaja Khutabuddinkhan : [1978]114ITR905(AP) and Uma Maheswari and Company v. CIT : [1987]167ITR628(AP) . Answered accordingly. We shall, therefore, state the facts in so far as they are...
Sri Krishna Dairy and Agricultural Farm Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Apr-02-1987
Reported in: (1987)65CTR(AP)44; [1988]169ITR291(AP)
Upendralal Waghray, J. 1. In this reference under section 256(1) of the Income-tax Act, 1961, at the instance of the assessee, the following question is referred for the opinion of this court : 'Whether, on the facts and in the circumstances of the case, the sum of Rs. 29,730 realised on sale of calves was liable to capital gains tax ?' 2. The assessee-firm in connection with its business runs a dairy farm and also raises agricultural produce. During the period relevant to the claimed that it represented a capital receipt and not liable to levy of income-tax. The Income-tax Officer held that it was a sale of capital asset resulting in a short-term capital gain (as the age of the calves that were sold was less than one year). Applying the principle in the decision of the Supreme Court in CIT v. Gold Mohore Investment Co. Ltd. : [1969]74ITR62(SC) (a case of transfer of bonus shares issued by the company), he estimated the capital gains at 75 per cent. of the price realised, that is, Rs. ...
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