Court : Andhra Pradesh
Reported in : [1955]28ITR162(AP)
..... learned counsel for the assessee, it is necessary to extract the material portion of section 28 of the income-tax act.section 28(1) reads :'28. (1) if the income-tax officer, the appellate assistant commissioner (or the appellate tribunal), in the course of any proceedings under this act, is satisfied that any person -***(b) has without reasonable cause failed to comply with a notice under ..... would have been payable if the original return had been accepted as correct. when the income-tax officer finds that particulars of income are concealed or that inaccurate particulars of income have been deliberately furnished, he acts under sub-section (3) of section 23 of the act in making the assessment. it is true as pointed out in the yet unreported judgment of the supreme court .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1955AP129
..... questions debated there was whether ss. 3, 4, 4 - a and 63. income-tax act, which enabled the income-tax authorities to include the income arising without british india to make an assessment of income-tax on income including those arising without british india were valid. this was answered by the privy council in favour of the income-tax department in agreement with the high court of bombay and the department ..... form of contract but not including contracts relating to agricultural land'. as the power of the madras legislature is derived from item 48 of list no. 2 and not item 16 of list no. 3. we are of opinion that no question of repugnancy between the madras sales tax act and the sale of goods act arises.this principle, namely, that if the power .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1955]6STC376(AP)
..... bought by or sold by a dealer, whether for cash of for deferred payment or other valuable consideration, provided taht the proceeds of the sale by a person, of agricultural or horticulatural produce grown by himself or grown on any land in which he has an interest, whether as owner, usufructuary mortgagee, tenant of otherwise, shall be excluded from ..... , sub-rule (7) of r. 5 of the turnover and assessment rules confers such an authority on the seller. in our opinion he acts as an agent of the assessing authority in collecting the tax and he in under an obligation to make it over to the government, and no part of this money belongs to him. any default in ..... first collected by the seller does not make the amount so collected lose its character as tax. that such tax cannot from part of the turnover of the assessee, will become evident from a reference to form 'a' prescribed for the return of income. that brings out the distinction between the two. under col 10 the assessee has to show the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1955]28ITR273(AP)
..... namely :confirmthis - instrument of partnership/certified copy of an instrument of partnership - has this day been registered with me, the income-tax officer for........ in the province of........ under section 26a of the indian income-tax act, 1922, and this certificate of registration shall have effect for the assessment for the year ending on the 31st of march, ..... , after holding that a firm is genuine, to pass an order refusing registration under the provisions of section 26a of the income-tax act purporting to be under section 23 (4) of the act.'the reference had been transferred to this court after its constitution.the assessee firm had five partners, one of whom was a minor ..... to cancel its registration.'under the said provisions, a firm for the purpose of assessment can apply for its registration. under section 26a of the act, if the income-tax officer is satisfied that the firm is in existence as shown in the partnership deed and the application has been properly made, he is bound to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1955]28ITR749(AP)
..... estimated by the appellate assistant commissioner.'it will be seen from the gist of the three orders that the petitioner was assessed under section 23(3) of the income-tax act.the distinction between the scope of section 13 and that of section 23(3) has been brought out by a special bench of the madras high court in ..... orderthe order of the court was delivered by the honble chief justice.these are petitions under section 66(2) of the indian income-tax act requesting this court to direct the income-tax appellate tribunal to state a case and refer the following questions of law alleged to arise out of their order :-(1) 'whether on the facts and ..... number of cash credits noticed in the personal accounts of the assessee and his near relatives, i determine the income at rs. 65,000.'it will, therefore, be seen that the income-tax officer acted under section 23(3) of the indian income-tax act. on appeal, the appellate assistant commissioner, though he differed from many of the reasons given by the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1956]29ITR419(AP)
..... 30, extends by its own words.......... the plain effect of the substitution of the new section 34 with effect from march 30, 1948, is that from that date the income-tax act is to be read as including the new section as a part thereof and if it tis to be so read, the further effect of the express language of the ..... 1942-43, 1943-44 and 1944-45 on january 24, 1944, february 12, 1944, and february 15, 1945, respectively. the tax was paid in due course. subsequently under section 34 of the indian income-tax act as amended by the income-tax and business profits tax (amendment) act (xlviii of 1948) fresh notices were issued to the respondent on march 28, 1951, on the ground that the ..... october 9, 1952, credit for the sum of rs. 50,603-15-0 representing interest at 2 per cent. on the advance payment of income-tax in accordance with the provisions of section 18a(5) of the income-tax act, 1922 as it then stood was given to the petitioners. on may 24, 1953, section 18a(5) was amended by section 13 of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1956]30ITR286(AP)
..... rent.'a division bench of the calcutta high court in jyotirindra narain sinha v. commissioner for the board of agricultural income-tax, assam, also expressed the view that the question whether a particular receipt like salami can be regarded as income or as capital receipt cannot be answered in the abstract and that each case has to be decided on ..... law but could only be decided after a full investigation of all facts and, therefore, referred the case back to the commissioner under section 66(4) of the income-tax act. at page 558, the learned judges observed 'in some cases it might be payment of rent in advance and in other cases it might well be a ..... in the cause title and that the appeal was in substance presented by the legal representative herself through her power of attorney agent. section 33 of the indian income-tax act governs the right of appeal from the order passed by the appellate assistant commissioner. under that section, an assessee objecting to an order passed by an appellate .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1956]7STC482(AP)
..... produce has been held not to be agricultural income, mustafa ali khan v. commissioner of income-tax (1948 16 i.t.r. 330; a.i ..... the bamboo trees in the forest. the etymological meaning of 'agriculture' is the ploughing or tilling of a field. the decisions, however, have given a much wider interpretation to the expressions 'agriculture' and 'agricultural income' occurring in section 2 of the income-tax act. see commissioner of income-tax v. sundara mudaliar `6). even for purposes of the income-tax act income from forests derived by sale of wood or trees or other .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1959]35ITR73(AP)
..... the commissioner contended that he was not entitled to any such deduction on the ground that the money was invested in agricultural lands, the income from which was exempt from income-tax under section 4(3)(viii) of the act. the learned judges held that the assessee was entitled to the deduction. this case does not purport to decide the ..... and lent it out to constituents and was obliged, in the course of business, to receive agricultural lands in repayment of his debts from such constituents, a division bench of the madras high court in chellapa chettiar v. commissioner of income-tax held that the assessee was entitled to a deduction of the interest paid by him also on ..... so much of the capital borrowed by him for business purposes as is represented by the agricultural lands got in, under section 10(2) (iii) in computing the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1958]9STC723(AP)
..... the produce from his land can hardly be said to be a dealer. on the other hand, the income from the first sale of the produce from his lands would be agricultural income, as opposed to business income, liable to be taxed in exercise of the legislative power conferred by item 46 of list ii of schedule vii of the constitution. ..... t. helvering v. stockholm enskilda bank (79 l.ed. 211) sutherlnd, j., remarked at page 218 : '........ the intention of the law maker controls in the construction of taxing acts as it does in the construction of other statutes, and that intention is to be ascertained, not by taking the word or clause in question from its setting and viewing ..... 1954 s.c.j. 110; 25 i.t.r. 58), the question that fell for determination was whether the application of the indian income-tax act by the finance act, 1950, can be made retroactively to incomes accruing or arising in the state of rajasthan for the under 1949-50, over which the dominion parliament has no power to legislate before .....
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