Andhra Pradesh Court August 1987 Judgments
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Andhra Sugars Ltd. Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Aug-20-1987
Reported in: (1987)66CTR(AP)128; [1988]171ITR209(AP)
Y.V. Anjaneyulu, J. 1. This reference under section 256 of the Income-tax Act, 1961, relates to the income-tax assessment year 1974-1975. The question referred for consideration is : 'Whether, on the facts and in the circumstances of the case, the amount of Rs. 77,087, being the expenditure incurred by the appellant company for giving silver medals to the shareholders and silver wall plaques to the directors on the occasion of the silver jubilee celebration of the company, is allowable as a business expenditure ?' 2. The assessee is a leading company manufacturing and selling sugar in the State of Andhra Pradesh. For the assessment year 1974-1975, it declared an income of Rs. 1.07 crores and was finally assessed on Rs. 1.20 crores. In the computation of income, the assessee claimed by way of deduction, certain expenditure incurred in connection with its silver jubilee celebrations. These expenses included a sum of Rs. 77,087 incurred by the assessee for giving silver momentous to the s...
Commissioner of Income-tax Vs. Nataraj Finance Corporation
Court: Andhra Pradesh
Decided on: Aug-19-1987
Reported in: (1988)69CTR(AP)15; [1987]169ITR732(AP)
Y.V. Anjaneyulu, J. 1. This is a reference under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), by the Income-tax Appellate Tribunal in connection with the assessment year 1977-78. The following question of law is referred for the consideration of this court : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is correct in law in holding that the principle of mutuality is satisfied in the case of the assessee-firm and consequently the income of Rs. 48,310 is not taxable for the assessment year 1977-78 ?' 2. The assessee describes itself as a firm registered for income-tax purposes. It carries on business in lending money, somewhat unusually, to its partners. Although it is not clear from the record, it is clear that this firm has been carrying on this so-called business for quite some time, because there is an indication that the firm was assessed to tax up to and including the assessment year 1976-77 and tax was pai...
General Industrial Society Ltd. Vs. Assistant Collector of Central Exc ...
Court: Andhra Pradesh
Decided on: Aug-19-1987
Reported in: 1988(33)ELT317(AP)
Rama Rao, J. 1. Pursuant to the order of the Supreme Court in Civil Appeal Nos. 1267-68 of 1984 dated 28-10-1985, these writ petitions have come up for hearing. The Supreme Court set aside the judgment of this Court in Nellimarla Jute Mills Ltd. v. Appellate Collector, Central Excise Madras 1984 (16) E.L.T. 100 and remanded the matter for fresh consideration in the light of the decision of the Supreme Court in Ahmedabad . (CALICO MILLS), AHMEDABAD - : 1985(21)ELT633(SC) . 2. The petitioners challenged the levy of cess on jute yarn produced in the process of producing jute products. The cess is levied under Section 9(1) of the Industries (Development and Regulation) Act, 1951 which provides for levy and collection of cess on all goods manufactured or produced in scheduled industries as may be specified by the Central Government by an order. The proviso thereto restricts the rate of cess to 13 ps. per cent of the value of the goods. In exercise of the powers conferred under Section 9(1) ...
The General Industrial Society Ltd. Vs. the Assistant Collector Centra ...
Court: Andhra Pradesh
Decided on: Aug-19-1987
Reported in: AIR1988AP358
Ramarao, J.1. Pursuant to the order of the Supreme Court in Civil Appeal Nos. 1267-68 of 1984 dt. 28-10-1985, these writ petitions have come up for bearing. The Supreme Court set aside the judgment of this Court in Nellimerla Jute Mills Ltd. v. Appellate Collector, Central Excise, Madras (1984) 16 ELT 100 and remanded the matter for fresh consideration in the light of the decision of the Supreme Court in Ahmedabad ., (Calico Mills), Ahmedabad : : 1985(21)ELT633(SC) . 2. The petitioners challenged the levy of cess on jute yarn produced in the process of producing jute products. The cm is levied under S. 9(1) of the Industries (Development and Regulation) Act, 1951 which provides for levy and collection of cess on all goods manufactured or produced in scheduled industries as may be specified by the Central Government by an order. The proviso thereto restricts the rate of cess to 13 ps. per cent of the value of the goods. In exercise of the powers conferred under S. 9(1) of the Act, the C...
Ghouse Yar Khan and ors. Vs. Fatima Begum and ors.
Court: Andhra Pradesh
Decided on: Aug-19-1987
Reported in: AIR1988AP354
Rama Rao, J. 1. The defendants are the appellants. The plaintiffs filed the suit for recovery of possession of the house bearing No. 5-9-1108 situate at Gunfoundry, Hyderabad together with an amount of Rs.60.000/- towards mesne profits. 2. The avemments in the plaint may be briefly stated; After the death of Nawab Emad Jung in 1920 in a suit f or partition of Matruka property his widow Waheedunnisa Begum was granted a decree to hold possession of the plaint schedule house in consideration of her dower amount to the tune of Rs.2,15,000.00. Waheedunnisa Begum sold the house and she has no authority to sell as she had right of enjoyment only during her life time. The plaintiffs are the heirs of late Samiuddin Mohd. the son of late Emad Jung and therefore the plaintiffs are entitles to the property. The plea of the 1st defendant is that after the death of Nawab Emad Jung his widow Waheedunnisa Begum filed O.S 1/1346 Fasli recovery of dower and for partition of Matruka. The Darul Qaza Court...
K.J. Gopal Rao Vs. Commissioner of Wealth-tax
Court: Andhra Pradesh
Decided on: Aug-18-1987
Reported in: [1988]171ITR160(AP)
Y.V. Anjaneyulu, J.1. All these references under the Wealth-tax Act raise a common issue for consideration. It would, therefore, be convenient to dispose of them together. Learned counsel for the assessee dealt with the reference in R.C. No. 298 of 1982 and stipulated that the decision in this reference would govern the other references also. We shall, therefore, deal with the questions referred to us in R.C. No. 298 of 1982. 2. The following three questions are referred for the consideration of this court under section 27(1) of the Wealth-tax Act : '1. Whether the right to receive compensation in respect of Valivarthipadu agricultural lands acquired by the Government under the Land Acquisition Act is an agricultural asset 2. Whether the cist receivable in respect of agricultural lands in Kalipatnam estate under the Rent Reduction Act is an agricultural asset 3. Whether the right to receive competition in respect of agricultural lands at Rajahmundry acquired for E.S.I. hospital by th...
Abdul Aleem Vs. Senior Regional Manager, Fci
Court: Andhra Pradesh
Decided on: Aug-18-1987
Reported in: (1995)IIILLJ473AP
Sardar Ali Khan, J.1. The Court made the following Order.2. The petitioner in this case seeks for issue of a writ of mandamus declaring the office order No. PF/1349/Estt, dated 9.5.1985 passed by the 2nd respondent herein as illegal, invalid and without jurisdiction.3. Under the impugned order, the petitioner who was working as a Watchman in the district office of the respondents-Corporation stands relieved of his duties with effect from 31.5.1985 afternoon on attaining the age of superannuation of 58 years. The contention of the petitioner is that his age of superannuation is not 58 years, but it should be 60 years and therefore he is not due to retire two years before he reaches the age of superannuation.4. The brief facts of the case are that the petitioner was appointed as a Dusting Operator in the year 1954 in the Food Department attached to the Ministry of Food and Agriculture. His services were terminated in 1956 while he was working in Storage Unit at Bhopal. His name was again...
Sudarshan Chit Funds Vs. Srinivasa Jyothi Devi and ors.
Court: Andhra Pradesh
Decided on: Aug-14-1987
Reported in: [1989]66CompCas462(AP)
K. Ramaswamy, J.1. Plaintiff is the appellant. Its suit based on the basis of exhibit A-1 letter and exhibit A-5 promissory not dated August 19, 1971, and Katha, was dismissed by the court below as being barred by limitation. 2. It is the admitted case that the first respondent is the holder of a chit run by the plaintiff-company for a sum of Rs.20,000 payable in fifty instalments at Rs.400 every month. She became the successful bidder on July 10, 1971, for a commission of Rs.5,000. She executed a promissory note along with respondents Nos. 2 to 4 as sureties for a sum of Rs.18,400. On executing exhibit A-5 pronote dated August 19, 1971, the first respondent went on paying the amounts from time to time and the last payment made was on December 19, 1972. Thereafter,s he committed default. It is the case of the appellant that her husband who is acting as agent on he behalf, admitted the liability and undertook to discharge the liability. Since he was evading payment, the suit notice, exh...
The Vijayalakshmi Mills Ltd. Vs. Shah Naval Mal Gulabchand and Sons.
Court: Andhra Pradesh
Decided on: Aug-14-1987
Reported in: AIR1987AP294
Jeevan Reddy, J. 1. This Civil Miscellaneous Appeal is preferred against an order of the learned Subordinate Judge, Adoni, refusing to stay the suit under S. 34 of the Arbitration Act. Defendant is the appellant.2. Plaintiff is a firm dealing in cotton at Adoni. The defendant is a Mill at Coimbatore. Whenever the defendant required cotton, it placed an order with the plaintiff which supplied cotton on payment. On 27-12-1985 the defendant requested the plaintiff to despatch cotton bales discounting the Hundis with Lakshmi Vilas Bank, at Adoni, and present the documents for payment through the State Bank of India, Coimbatore. Accordingly, the plaintiff sent 150 bales on 8-1-1986 in respect of which he drew six Hundis for Rs. 4,22,000/- in the name of the Carrier and discounted them through Lakshmi Vilas Bank, Adoni, instructing the Bank to present the Hundis to the State Bank of India, Coimbatore. Another 50 bales were despatched on 16-1-1986, valued at Rs. 1,40,000/-, following the same...
Commissioner of Income-tax Vs. P.H. Patel
Court: Andhra Pradesh
Decided on: Aug-13-1987
Reported in: (1987)66CTR(AP)238; [1988]171ITR128(AP)
Y.V. Anjaneyulu, J. 1. Pursuant to the directions of this court under section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the Tribunal referred four questions of law for the consideration of this court. They are as under : '(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that there was dissolution of the firm on the data when the assessee retired (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the description given as 'on account of revaluation of assets' was wrong and that the receipt of Rs. 90,000 was on account of goodwill (3) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in holding that an amount of Rs. 90,000 should not be related to the share of future profits receivable by the assessee (4) Whether, on the facts and in the circumstances of the case, the Ap...
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