Court : Andhra Pradesh
Reported in : [1973]87ITR310(AP)
..... (royalties having been allowed as a deduction) was admissible as an allowance either under clause (xii) or under clause (xv) of section 10(2) of the income-tax act, 1922. allowing the expenditure claimed as admissible deduction in the computation of its profits for the relevant assessment years, the supreme court held that:' the assessee did not ..... whether the amounts paid by the assessee to the jagirdar and the government each year were revenue expenditure allowable under section 10(2)(xv) of the indian income-tax act, 1922. the supreme court disallowed the expenditure as capital expenditure, holding that:'the stones in situ were not his stock-in-trade in a business sense ..... the said amount of loan and claimed as a revenue expenditure. the claim was allowed by the supreme court under section 10(2)(xv) of the indian income-tax act, 1922. this is what their lordships observed:' the transaction of acquisition of assets was closely related to the commencement and carrying on of the assessee's .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1973]88ITR42(AP)
..... capital, the lease money and the brokerage were, therefore, payments of capital nature and were not allowable as revenue expenditure under section 10(2)(xv) of the indian income-tax act of 1922. the decision in this case also will not apply to the facts in the present case. an outlay is deemed to be capital when it is made ..... payment, that it should only be treated as ordinary brokerage paid for securing additional business and as such constitutes revenue expenditure allowable under section 10(2)(xv) of the indian income-tax act of 1922. hence, this reference. 4. the assessee-firm had entered into an agreement with m/s. mineral products & co. of calcutta to procure only the business ..... in substance a division of ascertained profits and as such the assessee was not entitled to any deduction under section 10(2)(xv) of the indian income-tax act of 1922. this decision has no bearing on and has no similarity at all to the facts of the present case. in chintalapudi ranganayakulu v. commissioner of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1973]87ITR33(AP)
..... pasha begum, wife of the settlor, on february 15, 1955, the deputy controller of estate duty subjected the twenty (20) units of the entire trust money with the accumulated income thereon totalling up to rs. 2,10,807, to estate duty/on the ground that the 'entire estate passed to the accountable persons, viz., the trustees. on appeal, the ..... 579 (h.l.) lord russell of killowen held that in order to constitute a passing of property on death within the meaning of section 1 of the u. k. finance act, 1894, there must be a passing beneficially from some person or persons to another person or persons, though, in that case, the accountable person there was held finally responsible ..... no change in the rights and interests which the beneficiary had and therefore no property has passed and no duty can be levied under section 5 of the estate duty act on the property.11. the question referred to us is, therefore, answered in the negative and in favour of the assessee. the assessee will get the costs from .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1973]30STC445(AP)
..... regard to this contention, the learned counsel for the assessee has relied on three decisions reported in govindji v. commissioner of sales tax, madhya pradesh [1955] 6 s.t.c. 183, deputy commissioner of agricultural income-tax and sales tax v. abdul wasigh and brothers [1962] 13 s.t.c. 295 and a.m. safiulla & co. v. state ..... the question of limitation was raised before the appellate tribunal, the appellate tribunal held that the original assessment was made under the hyderabad general sales tax act, that under that act there was no limitation prescribed for the making of the original assessment, and, hence, the question would not arise. it is now contended that ..... by virtue of section 41 of the andhra pradesh general sales tax act, which replaced the hyderabad act, which was repealed under the above-said provision, it was provided that any proceedings before the assessing or appellate or revisional authorities pending at .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1973]31STC611(AP)
..... sales tax act, 1957, the definition of 'dealer' was further modified and an explanation was incorporated to include in the definition 'a person who acts as an agent of a non-resident dealer'. subsequently, by act 16 of 1963, a second explanation which is material for our purposes was added and it reads as follows :explanation ii.-where a grower of agricultural or ..... in that regard and that it is within the jurisdiction of the assessing authorities to discover if any amount had been collected by way of additional tax.24. yet in another case reported as commissioner of income-tax, andhra pradesh v. motors and general stores (p.) ltd. [1967] 66 i.t.r. 692 (s.c.), at page 699, the supreme ..... upon the meaning and content of the language used in accordance with the ordinary rules of construction. in bank of chettinad ltd. v. commissioner of income-tax [1940] 8 i.t.r. 522 (p.c.), it was pointed out by the judicial committee that the doctrine that in revenue cases the 'substance of the matter' .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1976]105ITR172(AP)
..... conclusion.12. while interpreting the provisions contained in section 4(1)(b)(i) of the indian income-tax act, 1922, which corresponds to section 5 of the present act, a bench of this court in the case of khan bahadur ahmed alladin & sons v. commissioner of income-tax : [1969]74itr651(ap) held, at page 658 of the report, thus:'in our view, ..... the state government of orissa under the land acquisition act some time in the year 1933, and as the amount awarded towards the compensation was found to be inadequate, the ..... march, 1964, was assessable as income for the assessment year 1964-65 ?'2. the assessment year, in the instant case, is 1964-65 for which the department adopted the relevant accounting year as the year ending with march 31, 1964.3. the assessee is an individual and she has had her agricultural land situated at rayaghada, acquired by .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1974]33STC497(AP)
..... for the petitioners also invited my attention to certain cases arising under the income-tax act as to what is meant by agricultural income. no useful purpose will be served by referring to these decisions, as the income-tax act deals with taxation on income while the taxable event under the sales tax act is a sale and not income.18. for all the above reasons, i hold that explanation ii to ..... section 2(1) (e) of the andhra pradesh general sales tax act, 1957, is valid. the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1977)IILLJ227AP
..... are merged in the company's account at the end of the year for the purpose of income tax and sale tax. he no doubt says that all the four sales-depots are registered under the shops and establishments act and in order to avoid harassment the sales-depot at visakhapatnam is also paying the e.s ..... the first instance to all factories. it is open to the government to extend the provisions of this act to any other establishment or class of establishments, industrial and commercial, agricultural or otherwise. the act has been amended by amending act xliv of 1966. section 2(9) defines the employee in the following terms:(9) 'employee' ..... originally made applicable to factories. it primarily provides for benefits to the employees in such factories. the act envisages also the extension of benefits to the employees in other establishments, industrial, commercial, agricultural or otherwise by a notification by the appropr are government. it provides for benefits to the employees in the event of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1976]104ITR195(AP)
..... in the benefit that sticks to the fingers, then the rigour of section 10 of the estate duty act becomes understandable. it is the scope of this provision that falls for our consideration in the question referred by the income-tax appellate tribunal for our decision, which is as follows:'whether, on the facts and in the circumstances of ..... to his wife. the deceased likewise gifted 6 acres of wet land to his daughter and another six acres of wet land to his foster-daughter.3. the agricultural income from these properties was being credited to the account of the deceased for several years. he was using the amounts credited for his own business and other uses ..... : [1970]75itr714(ap) . in that case the deceased executed a partition deed on july 15, 1951, in favour of himself and his three sons, dividing the agricultural lands and also the money-lending business which was his self-acquired property. the assistant controller, after the death of the deceased, invoked section 10 of the estate duty .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1979]116ITR675(AP)
..... in the compensation to be realised from the government. the income-tax officer has described the income arising therefrom as capital gains, in the head-note, but brought it to tax under sec. 41(2) of the income-tax act. i have not followed what the income-tax officer had in his mind. the present income-tax officer assured me that the matter was being re-looked ..... be said that in this case the association of person's which omitted to file a return is the assessee.12. sri rama rao, learned counsel for the income-tax department, submitted that the order of assessment dated march 10, 1970, was set aside on appeal by the aac in his order dated february 21, 1973, in ..... not exercise his option of taxing the individual member and not the association or that he was wrong in doing so. we have also perused the grounds of appeal filed before the aac. the only ground relating to this item was that the income had arisen regarding the transaction pertaining to agricultural land at ramachandrapuram and it .....
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