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Andhra Pradesh Court May 1994 Judgments

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May 11 1994

The Tadiparru Primary Agricultural Co-op. Society, Rep. by Its Secreta ...

Court: Andhra Pradesh

Decided on: May-11-1994

Reported in: 1994(2)ALT177

ORDERP. Ramakrisham Raju, J.1. This Writ Appeal is directed against the Judgment of the learned single judge dated 6-4-1994 made in W.P.No. 18424 of 1993.2. The first respondent herein filed the Writ Petition questioning the order of the Deputy Registrar of Co-operative Societies, Kovvur, the 2nd Respondent, dated 30-11-1993 where the first respondent (writ petitioner) was found to have defaulted in payment of the amounts due to the society and therefore, incurred the disqualification under Section 21-A of the A.P. Co-operative Societies Act, 1964, hereinafter referred to as 'the Act'. The first respondent is the President of the society, the second respondent has issued a show-cause notice calling for his explanation as to why he should not be treated that he has ceased to be a member of the Managing Committee of the Society. However, the first respondent maintains that he has submitted his explanation for the said show cause notice. The 2nd respondent while observing that no explanat...


May 07 1994

Commissioner of Income Tax Vs. Andhra Cotton Mills Ltd.

Court: Andhra Pradesh

Decided on: May-07-1994

Reported in: [1996]219ITR404(AP)

T.N.C. Rangarajan, J. 1. The facts leading to this reference are as follows : The assessee is a company. For the asst. yr. 1979-80, corresponding to the previous year ended 31st March, 1979, the assessee filed a return on 16th March, 1980, showing a loss of Rs. 1,32,40,102. Later, a revised return was filed on 31st Aug., 1981, showing a loss of Rs. 1,29,77,453. The ITO, in the assessment order, computed the current profits at Rs. 4,32,364 and the current depreciation at Rs. 9,64,029 leading to a net loss of Rs. 5,31,665. The contention of the assessee was that since there was carried forward loss, if depreciation is not allowed as a deduction, then the carried forward loss could be set off against the current profit and the current depreciation could be carried forward without limitation, unlike business loss, for which there is a period of limitation for set-off. That was the reason why the assessee had filed a revised return withdrawing the claim for deduction of depreciation. The IT...


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