Court : Andhra Pradesh
Reported in : AIR1991AP174
..... opinion expressed in various cases we do not see any merit in the contention of the learned counsel for the petitioner that section 29 of the act is violative of art. 14 of the constitution and deserves to be struck down as such.8. we therefore, dismiss the ..... was upheld by holding, inter alia, that s. 29 cannot be held to be arbitrary and, therefore, any action taken under the said section is not vitiated in the eye of law.7. during the course of arguments, learned counsel for the petitioner had relied upon an obter dicta ..... had with respect to the original goods. (4) where any action has been taken against an industrial concern under the provisions of sub-section (1) all costs, charges and expenses which in the opinion of the financial corporation have been properly incurred by it as incidental ..... court in m/s. g.a.r. re-rolling mills, vizianagaram v. the a.p. state finance corporation, 1982 (1) an lr 93 by holding that there are two independent remedies provided u/s. 29 and s. 31 of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1984]148ITR316(AP)
..... only asset that may accrue to him would be compensation declared for his shares in jayanti shipping company which was never paid to him, that he appealed to the finance minister and the chairman of the central board of direct taxes to review the tax claims and compensation payable to him and settle the issue once for all. stating ..... which we will dwell upon a little later, and (2) the vires of s. 230(1) of the i.t. act is not challenged. 7. we will now consider the submissions in this background. section 230 of the i.t. act is as follows : '230. (1) subject to such exceptions as the central government may, by notification in the official gazette ..... five years. these facts speak for themselves. in the counter-affidavit filed on behalf of the respondents, it is stated that the petitioner was arrested in london in july, 1970, and brought to india for trial, that he was convinced on several counts including criminal breach of trust, cheating, and forget, that after his release from prison in 1975 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1990]181ITR378(AP)
..... by both the appellate authorities, whereupon the present reference was obtained by the assessee. the assessment year concerned herein is 1978-79. 3. section 54e was introduced by the finance (no. 2) act of 1977. sub-section (1), in so far as it is relevant, read as follows at the relevant time : '54e. capital gain on transfer of capital ..... assessee and not any other amount. it is precisely to meet such a situation that the second proviso was inserted by the taxation laws (amendment) act, 1984. section 16 of the said amendment act, no doubt, does not say that the said proviso shall have retrospective effect; but, in our opinion, it would be consistent with reason to ..... owned by the assessee (gopal reddy) and ramachandra reddy. the said land was acquired by the state of andhra pradesh under the provisions of the land acquisition act, 1894. notification under section 4(1) was made on august 25, 1977, and possession of the property taken on january 10, 1978. it is not clear from the record .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1981)IILLJ237AP
..... 3) of s. 12-a provides that his service conditions should be '...... governed by regulations', therefore, it is submitted that the petitioner cannot be governed by the act. section 12-a(3) are special provisions hence delegation should have been specific. (8) even assuming that the board has the power to delegate; such a delegation can ..... the methods of appointment, the conditions of service and the scales of pay of the officers and other employees of the corporation. the next relevant section is 37 of the act, which gives power to the corporation to delegate in the following manner : 'a food corporation may, be general or special order in writing, ..... and functions. as a corrollary the learned advocate submits that the power to suspend an employee visits him with civil consequences which affect his service, prestige and finance. therefore, that authority is akin to quasi-judicial authority, as such that power cannot be delegated except by express provision in the statute or by clear .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALD149; 2001(6)ALT706
..... that since the provisions of the act are entirely different from the provisions of the old act and the foreign awards act, which stood repealed by section 85 of the act, the provisions of the act have to be interpretedwithout reference to and uninfluenced by the provisions of the old act, as held by the supreme court in m/s. sundaram finance ltd. v. m/s. n.e ..... .p.c. india ltd., : [1999]1scr89 .7. in m/s. sundaram finance ltd., (supra .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP145; [1971]41CompCas1030(AP)
..... statute a new qualification limiting that enactment.'28. what must follow is that the effect of expiry of a temporary act depends upon the construction of the act itself. when a temporary act expires. section 6 of the general clauses act which in terms is limited in its application only to repeals has no application to an expiry of a temporary statute ..... per hundred rupees.71. in w. a. no. 125 of 1968 and w. ps. nos. 3701 of 1967, 1116 and 1439 of 1968, d/- 6-3-1970 (andhra pra), we had occasion to consider in detail permissible limits of delegated legislation. we have laid down certain principles for testing whether a particular piece of delegated legislation suffers ..... been evaded. the schedule makes a provision for appeal to the government of india, ministry of finance. department of economic affairs and prescribes a period of 30 days.21. it is in the light of this general scheme of the acts and the provision referred to above that we have to examine the validity of the arguments advanced .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1975AP113
..... be laid down as to what is a reasonable or excessive rate without reference to the several circumstances enumerated in clauses (a), (b) and (c) of sub-section (2) of section 3 of the act.(4) in determining whether the rate is reasonable or not, the court has to take into consideration the following circumstances. (a) the value of the security offered;(b ..... for carrying on tobacco business. ex. a-2 dated 6-2-1961 shows that the loan was initially applied for by the defendants for a period of six months for financing their tobacco business is the first instance, the loan was sanctioned up to a limit of rs. 4 lakhs in 1961 but under the subsequent agreement it was gradually ..... be taken to have been known to the creditor.'41. it is unnecessary to refer to the entire case law on the point as the section has been recently construed in a recent judgment dated 5-8-1970 of this court in godugula lakshmi narasimha murty v. muthuku-malli venkata subba rao, (l. p. a. no. 69/ 1968 (andh pra)). after .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALD281
..... and manner of recovering any taxes, dues to the municipality and these provisions mutatis mutandis apply to recovery of all dues to the municipality under section 365 read with section 364 of the act.10. in vijayawada municipality case (supra), the suit was filed by the municipality for recovery of the expenditure incurred by it upon the ..... have been made or six years from the date on which the suit might have been instituted. at this state, a reference may be made to section 364 of act which reads as under.section 364. recovery of sums due as taxes:--all costs, damages, penalties, compensation, charges, fees, other than school fees, expenses, rents, contributions and ..... or offer was accepted by the municipality.16. in this context, i may refer to the judgment of the supreme court in reservebank of india v. peerless general finance and investment company limited, : [1987]2scr1 , the law has been laid down in the following terms.interpretation must depend on the text and the context. they .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1979]117ITR294(AP)
..... must be treated as revenue expenditure and not as capital expenditure. hence, this expenditure of rs. 10,242 is an admissible deduction as an expenditure under section 37(1) of the i.t. act, 1961. we, therefore, answer the question referred to us in the affirmative, i.e., in favour of the assessee and against the revenue. the ..... g. j. coelho : [1964]53itr186(sc) was relied upon. in that particular case, the assessee had obtained a loan of rs. 40,00,000 from the industrial finance corporation secured by a charge on the fixed assets of the assessee. in connection with that loan the assessee spent a sum of rs. 84,633 towards stamp duty, registration ..... to the supreme court. the supreme court heard that appeal along with the appeal from the decision of the andhra pradesh high court in challapalli sugars ltd. v. cit : [1970]77itr392(ap) , and the decision of the supreme court in challapalli sugars' case is found reported in : [1975]98itr167(sc) . we have already indicated the distinction which .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2003AP275; 2003(2)ALD742
..... cap being opened or undergoing a perceptible modification. the expression 'package' shall be construed as a package containing a pre-packed commodity. explanation (i) of section 2(1) of the act further elaborates that even though the package containing the commodity is opened for testing commodity and even if no alteration is caused to the name, quantity, ..... andhra pradesh visited the petitioner on 9.10.1996 and seized five boxes containing five euroclean vacuum cleaners alleging that the petitioner has contravened the provisions of section 39 of the act read with rules 23(6) and 23(7) of the rules. the petitioner received notice on 31.1.1997 informing that prosecution would be launched if ..... interpreting plain language of a statute, the text and context need to be the basis. a reference may be made to reserve bank of india v. peerless general finance and investment co. ltd, air 1987 sc 1023. it was held by the apex court:interpretation must depend on the text and the context. they are the .....
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