Court : Andhra Pradesh
Reported in : [2002]110CompCas193(AP)
..... the first and foremost thing would be, that he will be arrested by the police under the scheduled castes and the scheduled tribes (prevention of atrocities) act, ..... of his case he filed affidavits of some of the purchasers of the vehicles and also hire-purchase agreements entered into by them with lakshmi devi finance company to show that the vehicles fetched much higher amounts than the price shown in the auction slips ..... . the ninth petitioner in his evidence categorically stated that he obtained hire-purchase documents from laxmi devi finance corporation apart from the affidavits given by the purchasers and the board in its order did not refer to the hire-purchase ..... hire charges to private lorries :the case of the petitioner is that, while he was the managing partner of the padmalaya finance corporation, it used to give its lorries on hire to srmt and the average hire charges used to be rs ..... arisen when he raised the issue of sale of lorries and closure ofparcel offices in the board meeting held on march 3, 1993, the case of the respondents is that disputes have arisen between them as he refused to finance his political activity, i feel that both the versions may be far from the truth. ..... no. 2 threatened him to vacate the premises of srmt wherein the office of padmalaya finance corporation was also located within 24 hours and thereafter having agreed before the police not to press for vacation of the premises, removed his table and placed it outside the company premises .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1998)150CTR(AP)688; [1998]232ITR844(AP)
..... 1976-77 to 1978-79 were bad in law for assessing the beneficiary's life interest in the jewellery mentioned in the first schedule of the trust deed under s. ..... 5(1)(viii) of the wt act, 1957, by the finance (no. ..... 41 of 1989, dt. ..... that the right to wear jewellery, however widely the expression might be interpreted, could not be considered to be 'property' for the purpose of the wealth-tax and, thus dismissed the appeal of the revenue on 30th november, 1989. ..... 27(3) of the wt act, 1957 (for short 'the act'). ..... 21(1) of the act to refer the said questions filed before the tribunal was dismissed on 25th april, 1990. ..... 21(1) of the wt act, 1957, in the hands of the trust representing the beneficiary, even after the retrospective amendment of s. ..... 21(1) of the wt act, 1957 2. ..... we, therefore, agree with the tribunal that neither the interest of the sahebzadi in the jewellery fund nor her interest in the shares fund is an asset within the meaning of the wt act'. ..... 21(1) of the act. ..... 2) act, 1971 ?' 2. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1995(1)ALT563
..... the assessee has pointed out the difference between section 2(10) of the maharashtra general sales tax act defining the expression 'sale', which was considered by the bombay high court in 20th century finance corporation limited [1989] 75 stc 217 and section 2(n) of the apgst act and pleaded that the assessment order was passed by the commercial tax officer without any investigation into the full facts of the case, ..... after the amendment, there are 190 types of goods listed in schedule i, which are taxable at the point of first sale and one commodity - cotton yarn waste - at the point of last ..... commissioner's reasoning is that there are two appropriations : the first appropriation is complete when the manufacturer of the goods consigned them to the inter-state sale to the assessee but the second appropriation took place only when the goods are physically delivered to the lessee for a deemed sale under section 5-e of the act for, for a deemed sale under section 5-e, physical possession ..... in the second schedule, which covers 21 commodities, tax is leviable in respect of the same at the point of first purchase and in respect of others, at the point of last ..... equipment are mentioned in the first schedule to the agreement. ..... the agreement provided that orders for individual equipment would be placed by the first petitioner at the instance of the lessee and the equipment would be despatched by the manufacturer to the ..... the first schedule. ..... , lease the equipment mentioned in the first schedule. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALD551; 2001(4)ALT70
..... the following rules add such of the orders and clarifications issued on these rules by government of andhra pradesh in respect of the employees of state, government from time to time insofar as they are not inconsistent with the act and the rules made thereunder : (i) the fundamental rules and the subsidiary rules issued thereunder; (ii) the andhra pradesh leave rules, 1933; (iii) the andhra pradesh manual of special pay and allowances including ..... the employees of the tirumala tirupathi devasthanams shall be governed by the statutory rules and executive instructions given by the state government in so far it relates to its employees, which are not inconsistent with the act and the rules made thereunder and the same are mutatis mutandis made applicable to the employees of the ttd.6. ..... learned counsel for the respondents tries to contend that these rules came into force in the year 1989, whereas the rules governing the appointments to special grade posts were promulgated in the year 1981. ..... no.117, finance and planning (fwprc-i) dated 25-5-1981 special grade promotions are limited to those employees who are drawing the pay in the revised pay scales, 1978 up to and including grade-xviii in schedule 1 to the ..... for the above reasons, the first contention of the respondents is ..... with regard to the first contention, suffice it to state that the service rules for ttd employees were framed by the government in exercise of its powers under sections 35, 106 and 107 read with section 153 of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1997]223ITR713(AP); [1997]93TAXMAN310(AP)
..... the petitioner says that section 115j was inserted by the finance act, 1987; and a new concept of book profit was introduced; and the provisions of section ..... after conducting a careful study, by the finance act, 1987, section 80vva was deleted and section 115j was introduced by way of an independent chapter xii-b in the income-tax act and it came into force from the assessment ..... profits and also declaring substantial dividends, have been managing their affairs in such a way as to avoid payment of income-tax and accordingly as a measure of equity section 115j has been introduced by the finance act, 1987. ..... by the finance act, 1987, chapter xiib containing a ..... of the above section which is a self-contained provision, certain companies whose total income as computed under the provisions of the income-tax act, in respect of the previous year relevant to the assessment year after april 1, 1988, is less than 30 per cent. ..... will be the net profit as shown in the profit and loss account prepared in accordance with the provisions of the sixth schedule to the companies act, 1956, after certain adjustments. ..... (3) of section 80hhd, as the case may be; or (iv) the amount of the loss or the amount of depreciation which would be required to be set-off against the profit of the relevant previous year as if the provisions of clause (b) of the first provision (1) of section 205 of the companies act, 1956 (1 of 1956), are applicable. ..... -89, 1989-90 and ..... , april 1, 1989, to march 31, 1990, the ..... year 1989-90, i.e .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(3)ALT501
..... that while the petitioner -appellant was in the employment of erstwhile lakshmi commercial bank limited, it was alleged that he committed certain acts of misconduct and they were scrutinized and investigated into by the respondent-bank and it revealed a prima facie case for issuing charge-sheet to the petitioner and by 11-5-1989 when the departmental promotion committee considered the case of the petitioner for promotion, issuance of charge-sheet to the appellant was contemplated ..... per the terms of the scheme of amalgamation, all the employees of the lakshmi commercial bank limited, other than those specified in the schedule annexed to the scheme, were continued in service and were deemed to have been appointed as employees of the first respondent-bank with the benefit of continuity of service with effect from 24-8-1985. ..... in the instant case, the departmental promotion committee met for considering the case of the appellant for promotion on 11-5-1989, on which date, it is alleged, issuance of charge memo was under contemplation, while the charge memo was issued long thereafter ..... the employees of the lakshmi commercial bank limited who were included in the schedule annexed to the scheme including the appellant herein moved the supreme court of india in writ petition ..... , was amalgamated with the first respondent bank with effect from 24-8-1985 by virtue of a notification of government of india, ministry of finance, department of economic affairs (banking division), new delhi, dated .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(1)ALT87
..... .31. the cfa programme might have been increasingly attracting the attention of several business and professional executives and those working in banking and financial institutions and the reserve bank of india, industrial finance corporation of india, industrial development bank of india and the industrial credit and investment corporation, of india limited might have agreed to reimburse their officers and executives the tuition fee paid ..... . the first and the second schedules to the act deal with professional misconduct in relation to chartered accountants in practice or in service and the purview of the council and the various high courts in the matter ..... (telangana area) public societies act, 1350 fasli represented by its registrar, and 16 others who are members of the said society and members of institute of chartered accountants of india, filed this writ petition challenging the notification dated 3rd august, 1989 and the explanatory statement issued by the council of the institute of chartered accountants of india, the first respondent herein, as unauthorised, invalid and unenforceable and violative of articles 14 and 19 of ..... on 25th may, 1989, mulla & mulla & craigie blunt & caroe, advocates, solicitors and notaries, issued a registered notice to the editor of the journal on behalf of the 1st petitioner, asking him to insert a suitable explanation in the next issue ..... in its may 1989 issue, a caution to members about the institute of chartered financial analysts of india was .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1996)136CTR(AP)98; [1996]220ITR654(AP)
..... the ito after taking into consideration sub-paragraph ii of the first schedule to the finance act, 1981, found the total income of the huf exceeded the minimum taxable limits and hence subjected the assessee-huf to a high rate of income-tax. ..... it is also relevant to extract sub-paragraph ii of the first schedule to the finance act, 1981, which reads as follows : 'in the case of every huf which at any time during the previous year has at least one member whose total income of the previous year relevant to the assessment year commencing on the first day of april, 1981, exceeds....' 7. ..... is contended that the tribunal ought to have held that the karta's wife was not having independent income exceeding the non-taxable limits and, therefore, sub-paragraph ii of the first schedule to the finance act, 1981, cannot be made applicable. ..... 256(1) of the it act, 1961 : 'whether, on the facts and in the circumstances of the case, the tribunal is correct in law in holding that the higher rates of income-tax specified by sub-paragraph ii of paragraph i of the first schedule to the finance act are applicable to an huf where none of the members has any independent taxable income ?' ..... support the contention, our attention was also drawn to the budget speech of the hon'ble finance minister for 1973-74, while introducing the higher rate of tax to specified huf. ..... it is sought to be contended that in view of the ambiguity in the provision, support can be had from the speech of the hon'ble finance minister. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1985(4)ECC289; 1984(17)ELT300(AP)
..... the first is, that poster paper is totally exempted from levy of excise duty from 16-3-1976 to 18-6-1980 by virtue of the amendment of tariff item 17 by finance act 2 of 1976, and secondly, that poster paper has become dutiable under tariff item no. ..... of india (1) supra where the learned judges dealing with the ambit and scope of item 68 observed as follows : 'the expression 'not elsewhere specified' referred to in item 68 means the total omission of failure to specify goods in the schedule to the central excise act either for the purpose of taxability or for the purpose of exemption from liability to duty. ..... 68, as poster paper is a kind of paper for which the main tariff in the first schedule is item 17 and he accordingly held that poster paper has been correctly classified under tariff item no. ..... (2) the central government may, by notification in the official gazette, fix, for the purpose of levying the said duties, tariff values of any articles enumerated, either specifically or under general headings, in the first schedule as chargeable with duty ad valorem and may alter any tariff values for the time being in force. ..... - for the purposes of this item, goods which are referred to in any preceding item in this schedule for the purpose of excluding such goods from the description of goods in that item (whether such exclusion is by means of an explanation to such item or by words of exclusion in the description itself or in any other manner) shall be deemed to be goods .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(34)ECC195; [1991]80STC217(AP)
..... is whether these straps made of plastic should be taxed as 'plastic articles' within the meaning of entry 113 of the first schedule (which reads 'plastic sheets and articles', and taxed at 9 paise in the rupee at the first point of sale in the state), or should they be taxed as 'general goods' under section 5(1) of the act there is no entry in any of the schedules to the act relating to straps/strips, whether made of plastic, nylon, cotton, or silk, nor is there any entry relating to ..... of several decisions, the court observed : 'the result emerging from these decisions is that while construing the word 'coal' in entry 1 of part iii of schedule ii, the test that would be applied is what would be the meaning which persons dealing with coal and consumers purchasing it as fuel would give to that word. ..... if there had been another entry in the first schedule, or in other schedules to the andhra pradesh general sales tax act relating to 'straps/strips used for packing', then there will be little doubt that plastic strips/straps concerned herein would more appropriately fall under such entry, and will not be taxed ..... screens manufactured from sheet glass for fitting in motor vehicles must be treated as motor vehicle parts, and they fell under item 34a until the amendment of the said item by the finance act, 1979. ..... inasmuch as the finance act, 1979 restricted item 34a to certain commodities specified therein, it was held, these goods which are not specified in that item, must fall under the .....
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