Court : Andhra Pradesh
..... petition. according to him, the petitioner is under obligation to pay the amount at 50% of the arrears of taxm, under clause (a)(iv) of section 88 of the finance act, 1998 (for short the act).it was also stated that when doubt arose in this behalf, clarification was sought from the central board of direct taxes (cbdt).and through letter, dated ..... assessees, it is 35%. the entire controvers.in this case turns around the question as to whether it fits into clause (a)(iii).or clause (a)(iv) of section 88 of the act. the provisions read: (iii) in the case where tax arrear includes income-tax, interest payable or penalty levied, at the rate of thirty-five percent of the ..... multiplied by 100/40, the figure representing the disputed income would emerge, being rs.2,64,940/-. an analysis of clauses (a)(iii) and (a)(iv) of section 88 of the act would present some extraordinary features. a person, who is in arrears of tax, is exposed to higher obligation, whereas the one, who is in arrears of tax, .....
Tag this Judgment!Court : Andhra Pradesh
..... dated 01.01.1998 in w.p.no.9206 of 1997 stand undisturbed and accordingly bind the respondent bank. referring to the provisions of the industrial disputes act, especially section 25(ff), the learned senior counsel has submitted that the termination or disengagement of the petitioners by the respondent bank amounts to retrenchment without following the procedure, ..... its instrumentalities. on the facts of the matter, it can be said that in terms of g.o.no.f-3/3/104/87/ir of ministry of finance, government of india, the respondent cannot dispense with the petitioners services arbitrarily until the panel is exhausted. the evidence of management witness is illuminating about the policy ..... deposition as witness mw.1, has stated; it is further fact that the letter g.o.no.f-3/3/104/87/ir/ government of india, ministry of finance, is an instruction to all chief executives of the bank to recruit all the empanelled employees of the bank and not to engage any temporary employees. (emphasis added .....
Tag this Judgment!Court : Andhra Pradesh
..... was unwarranted.6. almost a new legal regime that was brought into existence through the finance act, 1998, and it constitutes the subject matter of this reference. as observed earlier, in the context of depreciation under section 32 of the act, value of the individual items were to be considered. recognizing the vast range of items ..... plant and machinery during the previous year in question?.4. sri s. ravi, learned senior counsel for the applicant, submits that the scheme introduced through the finance act, 1998 is almost, a self contained code and every aspect was dealt with in detail, but the tribunal did not take the same into account. he ..... and honourable sri justice t. sunil chowdary reference case no.82 of 1999 judgment: (per honble sri justice l. narasimha reddy) the finance act, 1998 brought about substantial changes in the income tax act, particularly, in the regime of depreciations. till then, depreciations used to be allowed on individual assets, held by an assesee, whether an .....
Tag this Judgment!Court : Andhra Pradesh
..... not mean that the words ".shall presume". would be conclusive. the meaning of the expressions ".may presume". and ".shall presume". have been explained in section 4 of the evidence act, 1872, from a perusal whereof it would be evident that whenever it is directed that the court shall presume a fact it shall regard such fact as ..... ltd. vs. sharma carpets held in this regard that- presumptions that applied among clauses (a) to (g) of section 118 also, like the presumption under section 139 of the act, as per section 4 of the evidence act, are the rebuttable presumptions for which the burden is on the accused. however, to rebut the presumptions if a case ..... 60% as against 24% p.a., that there were rice business transactions between them and in that connection, the complainant obtained blank cheques to arrange private finance through others and one of such blank cheques was misused by fabrication for wrongful gain and without consent of accused. despite said reply notice and suggestions by .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... parties as arrayed in the complaint are referred to hereunder. 2. the brief facts of the complaint are that complainant in terms of g.o.ms.no. 212, finance and planning (fin.wing.admn.ii) department dated 17.12.1997 availed the benefits of the scheme under apglic by subscribing monthly premium of rs.150/- from his salary ..... form to the department seeking payment of accumulated amounts. the complainant is not a consumer since his services were never utilized by the department as per the provisions of act 1986, as such the complaint is not maintainable and thus the opposite party prayed for dismissal of the complaint. 4. both side filed evidence affidavit reiterating their respective ..... favour of the complainant as he did not submit his proposal in the prescribed form. a perusal of the rules issued in g.o. ms. no. 43, finance and planning dated 28.1.1989 shows that it is the responsibility of the head of the office to obtain necessary proposal from the employee concerned in the prescribed form .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... purchased tractor of 275 d/bp model in exchange of his used tractor from the opposite party no. 1. he purchased the tractor on finance arranged by the second opposite party and the tractor was delivered to him at nandigama show room of the opposite party no. 1. the ..... and 2: the facts beyond any dispute are that the complainant purchased tractor of 275 d/bp model from the opposite party no. 1 on finance from the opposite party no. 2. he filed the complaint in cc 20/2007 before the district forum seeking for direction for replacement of the ..... that the tractor was given to the j.dr. 1 for repair who is the agent of 2nd j.dr herein and for that the acts of the j.dr. 1 being agent, j.dr. 2 is liable being principal so it is for the 2nd j.dr to ..... counter blast the arbitral award passed on 25.4.2011 for which he had remedy u/s. 34 of the arbitration act and not by filing a consumer complaint. the appellant has contended that there is no privity of contract between the complainant and it in .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... such an event, the period spent between the filing of the claim before the district forum and disposal of the matter today by this commission will be excluded under section 14 of limitation act, 1963 in the light of the decision of the honble supreme court in trai foods ltd. vs. national insurance company ltd and others reported in (2004) 13 ..... cheema engineering services ( supra ) and it was held that the purchaser of goods in order to qualify the definition of consumer within the meaning of section 2 (1)(d) of consumer protection act, has to prove that he used the machine exclusively by himself and the burden of proof lies on him to establish that the goods purchased are used ..... cdj 1999 sc 626 (iv) birla technologies limited vs neutral glass and allied industries limited cdj 2010 sc (v) hindusthan machine tools limited and another vs. m/s. ram laxman finance and hire purchasers fa no. 174/2009. (vi) fa no. 556/2008 (vii) fa no. 1082/2009 (viii) fa no. 32/2012 (ix) iii (2007) cpj 423 18. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... tirupathi. on the other hand, the complainant approached this forum after ex.a-8. a consumer can either approach the appellate authority referred to in sec. 127 of the electricity act or other adjudicating authority or consumer forum as held in the decision referred supra {2008 ctj 837 (ncdrc)}.the district forum thus came to the ..... apspdcl issued a provisional assessment notice to the appellant and provisionally assessed the electricity charges at rs.39,570/- and rs.33,872/- in accordance with section 126 of the electricity act, 2003. the assistant divisional engineer (o), gutnur-1, apspdcl demanded the appellant to pay half of the amount if the appellant opts for continuous power ..... thus, the high court should normally decline to interfere in a final order of assessment passed by the assessing - 6. officer in terms of section 126(3) of the 2003 act in exercise of its jurisdiction under article 226 of the constitution of india. 7. the high court did not commit any error of jurisdiction in .....
Tag this Judgment!Court : Andhra Pradesh
..... any person of land in the estate in respect of which they consider that he is prima facie entitled to a ryotwari patta under the proviso to section 3 of the act. the act envisaged appointment of functionaries such as director of settlements, settlement officers, managers of estates etc., and gave control to the board of revenue inter alia for ..... and the same changed hands under as many as 18 sale deeds from 17-11-1931 to 20-6-1940 and further sale deeds were registered upto the year 1978. the report of the revenue divisional officer revealed that in all the registered documents, the land is described as government land. in the year 1971, the municipal ..... government dry and there are link documents to that effect since 1901 and it was known as government dry.3. registered sale transactions occurred several times since 1901 to 1978 and there are link documents to that effect.4. since 1971, the municipal authorities have given the assessment number and allotted door nos.5. since 1969, the .....
Tag this Judgment!Court : Andhra Pradesh
..... or banking institution referred to in section 51 of that act); or (b) time deposits with a co-operative society engaged in carrying on the business of banking; (c) deposits with a public company which is formed and registered in india with the main object of carrying on the business of providing long- term finance for construction or purchase of ..... by the tribunal. it is also brought to the notice of this court that the circular number 7 of 2003, which explained some of the relevant provisions of the finance act, 2003 contains relevant guideline in regard to basic exemption limit of rs.50,000/-[rupees fifty thousands only]..5. (c) on an earnest consideration of the admitted facts ..... is the proper procedure and practice to be followed and resorted to in the matter of the tax-deductible at source in matters of this nature. section 194 a of the act obligates a person responsible for paying to a resident any income by way of interest to deduct income tax from such payment of interest at the time .....
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