Judgment Search Results Home > Cases Phrase: finance act 1987 section 91 amendment of section 42 Court: andhra pradesh Page 1 of about 378 results (0.192 seconds)

Commissioner of Income-tax Vs. Nandanam Constructions

Court : Andhra Pradesh

Reported in : [1996]222ITR737(AP)

..... of 'owner of house property' as contained in section 27 of the act was amended by inserting clause (iiia) by the finance act of 1987 so as to make the position clear and explicit. ..... discussed the question as to who is the owner referred to in section 9 of the indian income-tax act, 1922, corresponding to section 22 of the present act as under (at page 575) : ' the question is who is the 'owner' referred to in this section is it the person in whom the property vests or is it he who is entitled to some beneficial interest in the property it must be remembered that section 9 brings to tax the income from property and not the interest ..... when the matter was pending decision of the appellate commissioner, the administrative commissioner issued notice under section 263 of the act calling upon the assessee to show cause why the income from house property should not be assessed in his hands for the period between the date of ..... the amended provision reads as under ;'(iiia) a person who is allowed to take or retain possession of any building or part thereof in part performance of a contract of the nature referred to in section 53a of the transfer of property act, 1882 (4 of 1882), shall be deemed to be ..... 90 held the view that the ownership does not change until registered sale deed is executed by the vendor and, therefore, the expression 'owner' in section 9 of the indian income-tax act, 1922, or section 22 of the income-tax act, 1961, does not include beneficial or equitable owner. .....

Commissioner of Income-tax Vs. Coromandel Agro Products Oil Ltd.

Court : Andhra Pradesh

Reported in : (1998)146CTR(AP)520; [1998]230ITR335(AP)

..... was inserted by the finance act, 1968, with effect from april 1, 1968, and it was on the statute book till it was omitted by the direct taxes (amendment) act, 1987, with effect from april ..... 1968, whether directly or in association with any other person, any expenditure (not being in the nature of capital expenditure or personal expenses of the assessee) referred to in clause (b), he shall, subject to the provisions of this section, be allowed a deduction of a sum equal to one and one-third times the amount of such expenditure incurred during the previous year : provided that in respect of the expenditure incurred after the 28th day of february, 1973 ..... the income-tax officer allowed the deduction but in exercise of his power under section 263 of the act the commissioner held that the order of the income-tax officer was erroneous in so far as it was prejudicial to the interests of the revenue and could not be sustained ..... we have already pointed out above that to enable the assessee to claim benefit of export markets development allowance under section 35b, the expenditure should be incurred on performance of services outside india in connection with or incidental to the execution of any contract for supply outside india of such ..... that being the scope of the allowability of the deduction under section 35b of the act, we shall now refer to the export credit scheme under which the assessee has availed of the benefit of the 'packing credit loan' in respect of which the amount of interest .....

Commissioner of Income-tax Vs. Rayalaseema Mills Limited

Court : Andhra Pradesh

Reported in : [1997]228ITR477(AP)

..... section 209a was inserted by the finance act, 1978, with effect from june 1, 1978, and was omitted by the direct tax laws (amendment) act, 1987, with ..... section 212, which has since been omitted by the direct tax laws (amendment) act, 1987, with effect from april 1, 1988, provided for estimate of income ..... officer to direct the assessee to pay simple interest at 12 per cent, per annum if on making regular assessment he finds that the assessee has underestimated the advance tax payable by him under sections 209a and 212 of the act and thereby reduced the amount payable in either of the first two instalments or has wrongly deferred the payment of advance tax on a part of his income under ..... the division bench having compared section 18a(2) of the act of 1922 with section 212 of the act of 1961, pointed out that both speak of a revised estimate of advance tax and that section 18a(2) spoke only of an estimate of advance tax and section 212 of the act of 1961 spoke of estimates of (i) current income, and (ii) advance tax and it is on that basis it held that section 216 dealt with underestimation of the advance tax by the assessee and for the ..... is obliged to send to the income-tax officer an estimate of (a) the current income, and (b) the estimate of the advance tax payable by him on the current income calculated in the manner laid down under section 209 of the act and has to pay such amount of advance tax according to his estimate in equal instalments on the dates applicable to him under .....

Hotel Manasasarovar Vs. Union of India and ors.

Court : Andhra Pradesh

Reported in : (1995)123CTR(AP)576; [1995]213ITR668(AP)

..... of the amendments made to sections 2 - 5, 7 and 15 of the expenditure tax act, 1987 (for short, 'the act'), by the finance (no. ..... the act of 1987, as it stood prior to the amendment act of 1991, was enacted to provide for the levy of a tax on expenditure incurred in ..... to the amendment in question such type of expenditure was brought to tax under the principal act of 1987. ..... clause (9a) inserted by the amendment act in section 2 defines 'restaurant' in the following terms (see : [1991]191itr260(all) : ''restaurant' means any premises, not being a restaurant situated in a hotel referred to in clause (1) of section 3, in which the business of sale of food or drink to the public is carried on and such premises, at the beginning of any month, are equipped with, or have access to, facilities for air- ..... amendment, restaurants not situated in the class of hotels referred to in clause (1) of section 3 are brought within the sweep of the act. ..... consequence of the insertion of clause (9a) in section 2, necessarily, sections 3 - 5 also had to be amended. ..... amendments brought about by the finance ..... the application of the act in relation to any chargeable expenditure, by sub-section (2) of section 3, was extended to the expenditure incurred ..... sub-section (1) of section 3 says that this act shall apply in relation to any chargeable expenditure incurred in a hotel wherein the room charges for any unit of residential accommodation at the time of incurring of such expenditure are four hundred rupees or more .....

Chalasani Venkateswara Rao Vs. Income Tax Officer, Ward-iv

Court : Andhra Pradesh

..... clear that the legislature, even though it was aware of the above decisions, did not choose to amend the law by making the partner liable when it amended the i.t act,1961 by introducing clause (4) to s.45 by the finance act,1987 w.e.f 1.4.1988 and made only the firm liable. ..... ( not being a company or a co-operative society) or otherwise, shall be chargeable to tax as the income of the firm, association or body, of the previous year in which the said transfer takes place and, for the purpose of section 48, the fair market value of the asset on the date of such transfer shall be deemed to be the full value of the consideration received or accruing as a result of the transfer. ..... contended by the assessee, up to the assessment year 1987-1988, section 47 (ii) of the income tax act, 1961 excluded these transactions. ..... that up to the assessment year 1987-1988, section 47 (ii) of the income tax act, 1961 excluded these transactions. ..... this appeal is filed by the appellant/assessee under section 260-a of the income tax act, 1961 challenging the order dated 08-02-2000 of the income tax appellate tribunal, "b" bench, hyderabad in i.t.a.no.1529/hyd/94 for the assessment ..... (prayer: income tax tribunal appeal under section 260-a of the income tax act, 1961, against the order of the income tax appellant tribunal, hyderabad bench ..... -89, in the case of dissolution of a firm, only the firm is taxable on capital gains on dissolution under section 45 (4) of the income tax act, 1961 and not the partner. 13. .....

Shri Chalasani Venkateswara Rao, Vijayaw Vs. Income Tax Officer, Ward- ...

Court : Andhra Pradesh

..... thus it is clear that the legislature, even though it was aware of the above decisions, did not choose to amend the law by making the partner liable when it amended the i.t act,1961 by introducing clause (4) to s.45 by the finance act,1987 w.e.f 1.4.1988 and made only the firm liable. ..... or body of individuals ( not being a company or a co- operative society) or otherwise, shall be chargeable to tax as the income of the firm, association or body, of the previous year in which the said transfer takes place and, for the purpose of section 48, the fair market value of the asset on the date of such transfer shall be deemed to be the full value of the consideration received or accruing as a result of the transfer. ..... (sc) judgment (per hon'ble sri justice m.s.ramachandra rao): this appeal is filed by the appellant/assessee under section 260-a of the income tax act, 1961 challenging the order dated 08-02-2000 of the income tax appellate tribunal, "b" bench, hyderabad in i.t.a.no.1529/hyd/94 for the assessment year 1989 ..... , as rightly contended by the assessee, up to the assessment year 1987-1988, section 47 (ii) of the income tax act, 1961 excluded these transactions. ..... he also contended that up to the assessment year 1987-1988, section 47 (ii) of the income tax act, 1961 excluded these transactions. ..... assessment year 1988-89, in the case of dissolution of a firm, only the firm is taxable on capital gains on dissolution under section 45 (4) of the income tax act, 1961 and not the partner.13. .....

Commissioner of Income-tax Vs. Raj Brothers

Court : Andhra Pradesh

Reported in : [1987]165ITR720(AP)

..... the contention that by introducing the proviso after sub-section (2) to section 187 of the act by the amendment act of 1984, the income-tax act sought to recognise only a dissolution brought bout by death of any of the partners within the meaning of section 42(c) of the partnership act and derecognise all other forms of dissolution envisaged by sections 40 to 44 of the partnership act is wholly unsupportable. ..... the assessee's contention that the partnership constituted under the deed dated march 19, 1977, is a successor to the earlier partnership firm constituted under the deed dated october 20, 1969 and, therefore, the provisions of section 188 of the act were applicable and two separate assessments have to be made, one of the predecessor firm in respect of its income up to december 31, 1976, and another in respect of the successor-firm for the period january 1, 1977, to ..... in other words, learned standing counsel wants us to interpret the proviso inserted by the amendment act of 1984 as enunciating that nothing contained in clause (a) to sub-section (2) of section 187 of the act shall apply to a case where the firm is dissolved on the death of any of its partners and to no other form of dissolution ..... learned standing counsel's contention is that the proviso inserted by section 33 of the amendment act, 1984, refers only to dissolution of the firm on the death of any partner and does not refer to dissolution by any other mode ..... surana trade finance corporation : [1987]165itr728(ap) . .....

Society of St. Ann's and the Rayalaseema Navodaya Minorities Christian ...

Court : Andhra Pradesh

Reported in : 1993(2)ALT610

..... (4) on and from the commencement of the andhra pradesh education (amendment) act, 1987 no educational institution shall be established except in accordance with the provisions of this act and any person who contravenes the provisions of this section or who after the permission granted to him under this section having been cancelled continues to run such institution shall be punished with simple imprisonment which shall not be less than six months but which may extend to three years and with ..... following those decisions, we hold that all applications submitted by the educational agencies for the grant of permission for establishing educational institutions, and pending on the date the amending act 27 of 1987 came into force, shall be considered and disposed of in accordance with the law in force on the date of consideration of such applications including the policy decision, if any, taken by the state government, in that regard and in force on ..... relating to the site for building, play-ground and garden proposed to be provided;(ii) plans approved by the local authority concerned which shall conform to the rules prescribed therefor; and(iii) documents evidencing availability of the finances needed for constructing the proposed buildings; and(c) within the period specified by the authority concerned in the order granting permission:-(i) appoint teaching staff qualified according to the rules made by the government in this behalf .....

Self-financing Rural Engineering College Managements Association and o ...

Court : Andhra Pradesh

Reported in : 2005(5)ALT547

..... (4) on and from the commencement of the andhra pradesh education (amendment) act, 1987, no educational institution shall be established except in accordance with the provisions of the act and any person who contravenes the provisions of this section or who after the permission granted to him under this section having been cancelled continues to run such institution shall be punished with simple imprisonment which shall not be less than six months but which may extent to three years and with ..... deeds relating to the site for buildings, playground and garden proposed to be provided;(ii) plans approved by the local authority concerned which shall conform to the rules prescribed therefore; and(iii) documents evidencing availability of the finances needed for constructing the proposed buildings; and(c) within the period specified by the authority concerned in the order granting permission:(i) appoint teaching staff qualified according to the rules made by the government in this behalf ..... a society wanted to establish a self-financing engineering college and submitted an application during 1994-95 to the university of kerala and also to the all india council for technical education. ..... one of the contentions raised on behalf of the state government before the supreme court was that the state government, as a matter of policy, has decided not to grant approval to self-financing engineering colleges to be established. .....

Government of A.P. Vs. National Council for Teacher Education and ors.

Court : Andhra Pradesh

Reported in : 2006(2)ALD120

..... (4) on and from the commencement of the andhra pradesh education (amendment) act, 1987, no educational institution shall be established except in accordance with the provisions of this act and any person who contravenes the provisions of this section or who after the permission granted to him under this section having been cancelled continues to run such institution shall be punished ..... section was amended by act 27 of 1987 wherein it was provided that no educational institution shall be established except in accordance with the provisions of the act ..... the time limit of submission of application, determination of norms and standards for recognition of teacher education programmes and permission to start new course or training) regulations, 2002 dated 13-11-2002 as amended by regulation dated 6-6-2003, after sub-clause (ix) of para 6, the following sub-clauses shall be added:(x) the requirement of noc shall not apply to institutions already recognized by ncte ..... proposed to be provided; (ii) plans approved by the local authority concerned which shall conform to the rules prescribed therefore; and (iii) documents evidencing availability of the finances needed for constructing the proposed buildings; and (c) within the period specified by the authority concerned in the order granting permission, - (i) appoint teaching staff qualified according ..... section 20 of education act also fell for consideration in a batch of writ petitions in w.p,no.3179 of 2005 and w.a.no.425 of 2005 (self financing .....