Court : Andhra Pradesh
Reported in : [1970]77ITR180(AP)
..... referred for decision at the instance of the department. 4. before proceeding further, it is convenient to examine the clauses (iv) and (v) of sub-section (e) of section 2 of the act: 'in this act, unless the context otherwise requires,-- . . (e) 'assets' includes property of every description movable or immovable but does not include,--... (iv) a ..... the trust properties has to be exempted from his assets and, therefore, from his net wealth for the purpose of charging wealth-tax as provided under section 3 of the act. the wealth-tax officer negatived this contention of the assessee and valued the right of the assessee, which was for life, in the trust properties ..... trust properties was irretrievably lost to the assessee forever. on this premise the appellate assistant commissioner held that the assessee cannot claim the benefit of section 2(e)(iv) of the act. we fail to understand how the question of genuineness or otherwise of the creation of the trusts would arise. anyway it is not before .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1970]77ITR392(AP)
..... capital. in its assessment to income-tax in the relevant assessment year the claim of the assessee to the deduction of the interest so paid under section 10(2)(iii) of the act was rejected on the ground that the plant and machinery were not used for the business in the year of account. on a reference, the high ..... 10. we have, therefore, to find out the true meaning of this term and its scope in the context of other provisions of the act read with section 10 itself.11. now, the provisions of section 10 indicate that in the computation of the tax payable by an assessee under the head 'profits and gains of business' the assessee is ..... inour opinion, form part of the actual cost of the asset.24. we are strengthened in our view by the following provisions of the act expressing clearly the intention of the legislature. section 19 of the 1961 act relates to deductions from interest on securities. the income chargeable under the head 'interest on securities' is directed to be computed after making .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1970]78ITR743(AP)
..... this is so is well supported by an oft-quoted in cooper v. wardsworth board of works, (1863) 32 lj pc 185. in that case, the metroplos management act, 1855, section 176, which required that before, laying foundations of a building 7 days' notice should be given to the district board and authorised that board to order the demolition of any ..... make a reference as in its opinion the case did not involve any legal principle or interpretation of any law. the assessee thereafter filed an application under section 66(2) of the act before this court and this court directed the tribunal to state the case. the tribunal has accordingly submitted the statement of the case dated 17-8-1965 ..... in writing if he prefers to do so.'the learned judges further stated at page 135:---'in our opinion the combined effect of section 28(3) and section 5(7-c) of the indian income-tax act is that the succeeding income-tax officer has a authority to pass an order upon the explanation of the assesee produced before his .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1970]77ITR318(AP)
..... the threatened nationalization of the industry. the company claimed deduction under a rule which is substantially in pari materia with the rule contained in section 10(2)(xv) of our act. it was held in that case that the expenditure incurred was for the purpose of preventing the company from losing its business and ..... incurred in successfully defending them. the assessee claimed that a certain amount incurred by it in connection with these prosecutions was a permissible deduction under section 10(2)(xv) of the act. in that connection their lordships of the bombay high court, who decided that case, have said the following :'the review of these authorities ..... assessee in the civil litigation against ramgopal ganpatrai and the dhanraj mills co. ltd. were allowed by the income-tax department as admissible under section 10(2)(xv) of the act.9. the difficulty has arisen only with regard to the expenses incurred by the assessee in the criminal litigation which he started against ramgopal .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1970]78ITR601(AP)
..... , after finding as to what impartible estate means and imports, observed ;'this concept as established by the case law has been recognised by the estates abolition act in section 45(1) while making certain provisions relating to the compensation payable to the holders of an impartible zamindari and also to those who have an interest in ..... property of the assessee. both from the standpoint of law applicable to such estates prior to their abolition or from the standpoint of the result of section 45 of the abolition act, they are the individual properties of the assessee and not his joint family property. the assessee, therefore, in our view, has been rightly taxed ..... the question as to what is the character of the compensation amount paid for the impartible estate abolished and apportioned among the sharers.17. if section 45 of the abolition act were not to be there, then the money equivalent of the impartible estate abolished and taken over would have been admittedly, impressed with the same .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1970]25STC278(AP)
..... work and labour; and (2) that a government notification exempted earth work, laterite, metal, sand, jelly and gravel quarrying contracts from tax payable under section 3(1) of that act. this is the same exemption which was considered by this court in the above-referred case. the madras high court held (1) that the contract ..... sales of the aforesaid material. the assessee claimed exemption in respect of that turnover by reason of the notification issued by the government under section 6(1) of the madras general sales tax act, 1939. under that notification, exemption was given with regard to sales of the class of goods specified as follows :earth work, laterite ..... quarrying contracts. in the ordinary parlance earth work and gravel quarrying contracts cannot be goods but in the a. p. general sales tax act, 1957, the term 'goods' was defined under section 2(h) as follows:goods' means all kinds of movable property other than actionable claims, stocks, shares and securities, and includes all .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1971]28STC110(AP)
..... purchaser) under the sales tax law of the appropriate state if that sale had taken place inside that state. 32. further, for section 9 of the principal act, the following section was substituted by section 6 of the ordinance.9. (1) notwithstanding anything contained in any judgment, decree or order of any court or other authority to ..... is that this provision has retrospective operation from the date on which the principal act was enacted.31. section 4 of the ordinance amends section 6 of the principal act by the insertion of sub-section (1a) after sub-section (1) of section 6 of the principal act by employing the following words :(1a) a dealer shall be liable to ..... restrictions and conditions as may be prescribed, a dealer who deals in the goods enumerated in the fourth schedule of the act, is exempt from tax under the said act. section 8 reads as follows :section 8 : exemption from tax in respect of certain goods.--subject to such restrictions and conditions as may be prescribed, including .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1970AP432
..... however, becomes enforceable on the expriy of 30 days form the date of publication of the award by the government. this is provided by section 17(a) of the act.section 19(3) of the act provides that the award shall remain in operation for period of one year form the date on which the award becomes enforceable. the government ..... it is fair, just and equitable between the parties. this is necessary as the award would affect parties other than those actually appearing before the tribunal. section 18 of the act states that an award which has become enforceable shall be binding on the parties to the industrial dispute, namely, the management and all the workmen. the ..... of conciliation proceeding as well as a written agreement between the employer ad the workmen arrived at otherwise than in the course of conciliation proceedings. under section 12 of the act it is the duty of the conciliation officer to endeavor to induce the parties to come to a fair and amicable settlement of an existing or .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1970]77ITR839(AP)
..... has escaped assessment, during the relevant years. these facts constituted 'information ' which was sufficient to vest jurisdiction in the income-tax officer under section 147(b) of the act to reopen the assessments which are within four years of the impugned notice.3. the question that falls for determination in this writ petition is ..... narayana and sons v. first additional income-tax officer, rajahmundry, : [1967]63itr638(sc) that in order that the income-tax officer may exercise jurisdiction under section 147 of the act, where the jurisdiction is exercised under clause (a) or clause (b) he must have reason to believe that any income chargeable to tax has escaped ..... that of the petitioner which had escaped assessment, and, consequently, rendering the assessment for the years 1961-62 onwards liable to be reopened under section 147(b) of the act. it must be pointed out that neither the petitioner's wife nor the petitioner deliberately suppressed any fact. the petitioner's wife disclosed the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP103
..... .11. the statues concerning village establishments that came into existence subsequently, also throw some light on the question. the proprietary estates 'village service act (act ii of 1894) provided by section 32 that the board of revenue may with the approval of the government, make rules in regard to the duties of the several villages officers ..... be made in relation to the revenue accounts of the government the connotation of that expression assume great importance in the proceeding prescribed by section 3 of the inams abolition act. the act does not specify or described the accounts which are deemed relevant or material for the determination of the question. no other statute also ..... for me to go into the details and the origin of the village and documents submitted by the appellant.'section 3 of the inams abolition act provides that as soon as may be, after the commencement of the act, the tashildar may and determine whether a particular land in his jurisdiction is an inam land, and .....
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