Court : Andhra Pradesh
Reported in : AIR1976AP1
..... venkatarao v. state of a.p. ilr : air1975ap315 considering the validity of the andhra pradesh land reforms (ceiling on agricultural holdings) act, 1973 referring to the observations of the supreme court, in basheshar nath v. income-tax commissioner, : [1959]35itr190(sc) on which mr. choudhari placed strong reliance to contend that article 14 constitutes an ..... to the previous decisions of that court it declared : neither section 48 of the act nor section 46 (2) of the indian income-tax act violates articles 14, 19, 21 and 22 of the constitution.' thus section 48 of the act are neither invalid nor is the challenge to their validity on the ground that they ..... arrest issued for recovery of the demand certified under section 46 (2) of the indian income-tax act held that, it did not, as section 13 of the said act constituted a procedure established by law. dealing with the provisions of the madras recovery act itself the supreme court in collector of malabar v. e. ebrahim, : 1957crilj1030 held .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1977]108ITR695(AP)
..... of objects and reasons to the bill which introduced the amended section 52 reads: 'the object of this bill is to amend the income-tax act, 1961, the estate duty act, 1953, and the expenditure-tax act, 1957, with a view to remove unintended hardship and providing relief to assessess in certain cases.' 9. as pointed out earlier, the ..... petitioner might in all probability or would have vested in the state government by virtue of the provisions of the andhra pradesh land reforms (ceiling on agricultural holdings) act, 1973, and the petitioner is also prohibited from either offering or transferring those lands to the central government. the central government did not reject the ..... shall now consider the submission of the petitioner's counsel, sri p.a. chowdary, that the provisions of the andhra pradesh land reforms (ceiling on agricultural holdings) act, 1973, would not bind the central government and under article 246(3) of the constitution, the central law will prevail over the state law in case .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1977AP322
..... made is a factor in deciding whether there is proper guidance or not. if the levy is by way of taxes like income-tax or sales tax or the like by the government, the government cannot delegate the rates of tax to the delegate. on the other hand in case where the power to levy fees is conferred on a representative ..... learned counsel for the appellants relied upon the decision in mohd. hussain v. state of bombay, ( : [1962]2scr659 ). in that case section 11 of the bombay agricultural produce markets act, 1939 gave power to the market committee to fix the fees subject to such maximum as may be prescribed by the rules. rule. 53 of the rules framed under ..... proviso to this sub-section shall be construed as exempting a co-operative marketing society registered or deemed to be registered under the andhra pradesh co-operative societies act, 1964 selling notified agricultural produce, livestock products of livestock grown, reared or produced by any of its members.(2) xx xx xx xx xx xx xx xx xx xx(3 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1977]106ITR73(AP)
..... prior to 1st april, 1972, winnings in horse races were not eligible to income-tax. by the finance act, 1972, clause (ix) was added to section 2(24) of the income-tax act, 1961, which defines 'income'. now, according to section 2(24)(ix) of the income-tax act, income includes any winnings from lotteries, crossword puzzles, races including horse races, card ..... appellant therein that entry 54 which deals with taxes on income, does not embrace within its scope tax on capital gains. it was contended that the word 'income' does not signify ..... under section 100 of the government of india act, 1935, the central legislature was empowered to make laws with respect to matters enumerated in list i in the seventh schedule to that act. entry 54 in list i reads as follows : 'taxes on income other than agricultural income.' 14. it was argued on behalf of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1977]110ITR263(AP)
..... the decision in kesoram industries and cotton mills ltd. v. commissioner of wealth-tax : [1966]59itr767(sc) , delivered in the context of wealth-tax for the purpose of considering whether income-tax payable wsa a debt owed within the meaning of the relevant section of the wealth-tax act and the decision of the supreme court in h.h. setu parvati bayi ..... on the death of the deceased, in whomsoever the property may vest on his death. the property so passing may be movable or immovable; it may include agricultural land as well. but the words about which some controversy has been raised before us in the context of section 44 are 'after the debts and encumbrances allowable ..... the death of the deceased, shall be a first charge on the immovable property so passing (including agricultural land) in whomsoever it may vest on his death after the debts and incumbrances allowable under part vi of this act; and any private transfer or delivery of such property shall be void against any claim in respect of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1979]117ITR294(AP)
..... borrowed for the purpose of purchasing plantation should be deducted as expenditure laid out or expended wholly and exclusively for the plantation under section 5(e) of the plantations agricultural income-tax act. the supreme court held that the interest was not capital expenditure as no new asset was acquired or any enduring benefit obtained as a result of the payment of ..... state of madras v. g. j. coelho : [1964]53itr186(sc) . the supreme court in that case was concerned with the provisions of section 5(e) of the madras plantations agricultural income-tax act, 1955, and sikri j. (as he then was) pointed out at page 190 that section 5(c) of that ..... and in the circumstances of the case, the guarantee commission paid by the assessee in connection with the purchase of machinery is an admissible deduction under section 37 of the income-tax act, 1961?'2. the facts leading to this case are as follows :3. we are concerned with the assessment year 1971-72 and the relevant year of account is the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1979]119ITR715(AP)
..... i.t. act is an act providing for tax on incomes and the relevant entry in the first list, i.e., union list in the seventh schedule to the constitution of india, is entry no. 82, which deals with taxes on income other than agricultural income. it is undoubtedly true that, under entry no. 86, taxes on the ..... improvement thereto have to be deducted from the full value of the consideration for the transfer of the capital asset. in the context of the income-tax act, the expression 'cost of acquisition' signifies some expenditure or outlay in terms of money by the assessee in the creation or acquisition of the ..... capital value of the assets can be levied by parliament. entry no. 86 is in these terms : ' taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies ; taxes on the capital of companies. '31. since parliament came to enact the i.t. act .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1977]40STC118(AP)
..... in passing the order of 30th june, 1972' (i.e., directing refund in accordance with the assistant commissioner's order).8. in bhopal sugar industries ltd. v. income-tax officer [1960] 40 i.t.r. 618 (s.c.) where a subordinate tribunal refused to carry out the directions given to it by a superior tribunal in the exercise of ..... under his assessment order dated 28th october, 1969. under entry 6 of the third schedule to the a. p. general sales tax act (6 of 1957), 'groundnut' is exigible to tax as under:when purchased by a miller other than a decorticating miller in the state at the point of purchase by such miller and in all other cases at the ..... contractors co. v. state of andhra pradesh [1971] 28 s.t.c. 590 (s.c.), the supreme court laid down that 'the event which attracts tax is the act of the miller purchasing groundnut and not his act of crushing the groundnut purchased or dealing with it in any other manner'. but at the same time it also observed that 'in none of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1978]114ITR350(AP)
..... this case are as follows : the assessment year under consideration is 1966-67. the assessee before us is a partnership firm registered under the provisions of the income-tax act, 1961. one sri boorugu rajanna died leaving three sons, boorugu viswanatham, boorugu veeraiah and boorugu mahadev. out of these three sons, boorugu viswanatham died issueless. ..... against nationalisation must be held to be an expenditure incurred 'for the purpose of business' which is deductible under section 10(2)(xv) of the indian income-tax act, 1922. deductible expenditure would not include merely expenditure incurred for protecting individual asset or assets, but would include expenditure incurred in defending a challenge to the ..... year of account ending on march 31, 1964, relevant to the assessment year 1964-65, and that in any case since the lands in question were agricultural lands there was no question of any capital gains. on these facts, the division bench of the high court of gujarat of which one of us was .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1977AP363
..... the term.'8. in the case relied on the question was whether the income derived from the sale of sal and piyasal trees in the assessee's forest was agricultural income within the meaning of section 2(1) of the income-tax act. the question whether dairy farming is agricultural or not, does not at all arise in this case, in so ..... far as section 2(1)(a) of the act clearly provides that agriculture includes dairy farming.9. sri gopala rao contends ..... that the acts of merely keeping some she-buffaloes on the .....
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