Court : Andhra Pradesh
Reported in : 2003(2)ALD(Cri)956; II(2004)BC269
..... by the date of advancing loan and that he gave the amount of rs. 1 lakh to the accused out of his salary savings and agricultural income. though he stated that he was not an income-tax assess, it was not suggested to him that he had no capacity to lend such huge amount. in the absence of any such evidence, ..... in which it has been held that four isolated transactions of money lending does not attract the definition of money-lender within the meaning of the hyderabad money lenders act. the division bench has further held that the definition of 'money-lender' envisages not mere money lending on some occasions but there must be a certain degree of ..... judgment, dated 10.11.1999, of acquittal of 1st respondent-accused.2. the appellant filed a private complaint under sections 138, 141 and 142 of the negotiable instruments act (for short, 'the act') alleging that he got acquaintance with the accused through mr. satish kumar. the accused approached him for a loan of rs. 1,00,000/- for his business .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(6)ALT284
..... a commercial transaction and on the other hand it is for agricultural purpose. the learned counsel also had drawn my attention to the fact that the defendants own agricultural lands. the learned counsel also submitted that the burden of proving that the defendants are the income tax assessees is on the respondent/plaintiff, but absolutely, no evidence ..... the same. the defendants are not businessmen and they did not borrow the money for business purpose. the defendants are not income-tax assessees and they are agriculturists entitled for the benefits of a.p. act 4/38. hence the interest is liable to be scaled down and therefore prayed to dismiss the suit.6. the ..... the learned counsel also commented that definitely the appellate court had erred in coming to the conclusion that the appellants/defendants are not entitled to the benefit of act no. 4/38 merely because the appellants own certain factories. the findings relating to the same had been pointed out by the learned counsel.8. per contra .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP326; 2004(4)ALD324; 2004(5)ALT293
..... ' has to be kept in view, more so because the case of the first defendant is that there was a partial partition. in case of partial partition under income tax act, 1922, which was in force at that relevant time in hyderabad state, an assessee could file returns in three statuses (i) major huf, relating to the property ..... with the funds belonging to the joint family. so, merely because third defendant had submitted and was assessed to income tax in the status of huf, when his wife was living with him, and when admittedly substantial agricultural property was allotted to his share in 1948 partition, it cannot be said that the business that was carried on ..... district, after his marriage in 1945. when first defendant could acquire properties after partition why can third defendant not acquire property of his own with the income from the agricultural land allotted to his share. here it is relevant to note what first defendant as d.w.3 stated in his chief examination:'repaka narasimha reddy has .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP60; 2003(3)ALD762
..... constituted has to reflect balance of various interest groups, like representatives from holders of supply licence, transmission licence. generating companies, commerce, industry, transport, agriculture, labour employed in the electricity supply industry and consumers of electricity etc. under clause 3.1.1 the advisory committee has to advise the commission ..... it has to ensure that the total revenue in any year, after meeting all expenses properly chargeable including operation, maintenance and management expenses, taxes (if any) on income and profits, depreciation and interest payable on all debentures, bonds, and loans, leave such surplus as is not less than 3% or ..... , 1999 to regulate the telecommunication services and the matters connected therewith issued by telecom regulatory authority constituted under the telecom regulatory authority of india act (act 24 of 1997) have been impugned on various grounds including the one that the regulatory authority of india does not have any power to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(3)ALD369; 2003(4)ALT408; III(2003)BC180; [2003]114CompCas133(AP); [2003]45SCL441(AP)
..... 3 of 2000, before the debt recovery tribunal, hyderabad, under rule 11 of the second schedule to the income-tax act, 1961, seeking to raise the attachment order dated april 12, 2002, in r.p. no. 487 of 2001 over the agricultural lands admeasuring ac. 10-31 guntas in s. nos. 263, 281, 282 and 283 situate at ..... is useful to extract section 29, which is crucial for deciding the issue.'29. application of certain provisions of income-tax act.--the provisions of the second and third schedules to the income-tax act, 1961 (43 of 1961), and the income-tax (certificate proceedings) rules, 1962, as in force from time to time shall, as far as possible, apply with ..... if any third party objects to the above recovery proceedings, he can move the recovery officer. the provisions of the second and third schedules to the income-tax act, 1961, and the income-tax (certificate proceedings) rules, 1962, as in force from time to time are made applicable for enquires of claims made by the third parties. it .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD849
..... of sale dated 7-1-1976 with a direction to the defendants to obtain necessary permission or exemption under the u.l.c, act 33 of 1976 and necessary clearance under income tax act and wealth tax act within a period of two months and within a month thereafter the defendants shall execute and register the sale deed in favour of the ..... known again the plaintiff had thought of instituting the suit. the learned counsel also no doubt made an attempt to contend that inasmuch as these lands are agricultural lands, the ulc act 33 of 1976 is not applicable. but, however, the learned counsel was fair enough to state that the parties no doubt had proceeded on the said ..... performance of the contract and he had not obtained any permission under the ulc act. in the master plan the suit schedule property was shown as non-agricultural purpose and he was not given any notice for obtaining permission under the urban land ceiling act. in the cross-examination d.w.1 deposed that they are cultivating the land .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD548; 2003(2)ALT770
..... in mrs. meenakshi v. state of karnataka, : air1983sc1283 , anant mills co., ltd. v. state of gujarat, : [1975]3scr220 and khandige sham bhat v. agricultural income tax officer, air 1963 sc 591. the evidence on record shows that the life of motor cycles and tricycles normally exceeds 25 years. the so-called non-refund for certain ..... the contentions urged on behalf of the appellants therein that the impugned provisions contained in sections 4 and 5 as amended by the andhra pradesh entertainments tax act (amendment act 24 of 1984) providing for consolidated levy on the basis of gross collection capacity per show are ultra vires the legislative power conferred on the state ..... to regulate the manufacture, production, distribution or transport of tea and the jurisdiction of the assam legislature was thus completely ousted; (3) that the tax under the act was nothing but a duty of excise, in substance, though not in form, and was thus an encroachment on the central legislative field within the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALD601; 2003(2)ALT169
..... , a different commodity or item may come into existence and even though a different commodity may come into existence, it would still be an 'agricultural produce'. the decision in commissioner of income-tax v. soundarya nursery (supra) is a direct decision on the point involved in this case wherein it was held that if the plants sold ..... garden land. the submission is that there could not be any cultivation in garden land. section 21)(a) of the act defines agriculture as also including horticulture or raising of crops, grass or garden produce. hence, agriculture also includes horticulture and raising of garden produce.'the learned counsel for the petitioner has also relied upon the judgment of ..... is admixture of two or more items and would also include any such item in a processed form. it makes no difference, for the purposes of the act, that the concerned item is a different commodity from the one which is included in the schedule. it is possible that by virtue of an admixture of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALT155; [2002(95)FLR970]; (2003)ILLJ278AP
..... to government, agriculture and co-operation department, andhra pradesh, hyderabad wherein it has been alleged that the appellant and two other officers have been found threatening the transport contractors and forcibly collecting affidavits from them by making payments in cash to subside and suppress the issue of misappropriation of the income-tax refund amount ..... under suspension emanates from the statute and while exercising such power, the authority has to apply its mind independently and that if a' statutory authority acts at the behest of some other authority, however high he may be who has no statutory role to play in the matter, then such action or ..... counsel, the managing director of the respondent ought to have applied his mind independently and should not have passed the suspension order dated march 29, 2001 acting, upon the direction made by the principal secretary. in support of the above contention, the learned counsel strongly placed reliance upon the decision reported in d .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD398; 2003(1)ALT182
..... considered the question as to whether there could be valid purchase of immoveable property under the agreement of sale for claiming exemption under section 54 of the income tax act. the delhi high court referred to among others the decision of the apex court in podar cement private limited (supra), and observed as under:....the ..... holders to the land. fifthly, the mandal revenue officer has not observed the provisions of the a.p. land reforms (ceiling on agricultural holdings) act, 1973 or the provisions of the ulc act, nor did he serve any notices in forms 11 and 12 to the affected parties. sixthly, the mandal revenue officer instead of ..... . it appears that occupancy certificate holders also filed necessary declaration before the land reforms tribunal under the provisions of a.p. land reforms (ceiling on agricultural holdings) act, 1973 where they were declared as non-surplus land holders.4. the petitioner purchased these lands having regard to the proceedings before the inams tribunal and .....
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