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Commissioner of Income-tax Vs. Ampro Food Products

Court : Andhra Pradesh

Reported in : 1995(2)ALT843; (1995)125CTR(AP)341; [1995]215ITR904(AP)

..... to place a curb on extravagant and socially wasteful expenditure on advertisement, publicity and sales promotion at the cost of the exchequer, the finance act has inserted new sub-section (3a) in section 37 of the income-tax act for the disallowance of a part of such expenditure in the computation of taxable profits. the main features of the new sub ..... reduced by any discount or rebate allowed by the assessee.' 6. sub-sections (3a), (3b), (3c) and (3d) of section 37 of the act were inserted by the finance act, 1978, with effect from april 1, 1979. we may point out here that section 37 of the act which is titled as 'general', provides that any expenditure not being expenditure of ..... alone and no other expenditure would come within the mischief of sub-section (3a), reliance is placed on the speech of the finance minister. 8. we shall now refer to the speech of the finance minister made at the time of the introduction of the bill of the finance act, 1978, which is reported in [1978] 111 itr 85. .....

Commissioner of Income-tax Vs. Bakelite Hylam Ltd.

Court : Andhra Pradesh

Reported in : 207(2007)CCR584; [2006]287ITR75(AP)

..... income could not be included in the business profits under the formula prescribed under section 80hhc of the act.10. learned counsel for the assessee has drawn our attention to clause (baa) of the explanation to section 80hhc of the act inserted by the finance (no. 2) act, 1991, which was added by way of an amendment after the assessment order in ..... 3. admittedly the income was sought to be included under the head 'profits and gains of business' and computed in terms of section 80hhc of the income-tax act, 1961 (for short 'the act'). section 80hhc of the act lays down:80hhc. (1) where an assessee, being an indian company or a person (other than a company) resident in india ..... reasons given by the tribunal for coming to the conclusion that these amounts which were earned by way of interest could be computed and given the benefit under section 80hhc of the act.9. another judgment to which reference made is cit v. kantilal chhotalal : [2000]246itr439(bom) . this is a judgment by a division bench .....

Smt. Ch. Mangayamma Vs. Union of India

Court : Andhra Pradesh

Reported in : (2000)158CTR(AP)35; [1999]106TAXMAN339(AP)

..... rs. 245. the assessee unsuccessfully claimed that the cash transactions are genuine and are allowable expenditure under the act.3. shri y. ratnakar, counsel for the petitioner, contended that the provisions of section 40a(3), as amended by the finance act, 1995, stipulate that 20 per cent of the expenditure incurred by an assessee exceeding rs. 20,000, ..... facts which prompted the filing of the writ petition are: the petitioner is an assessec under the act. originally her husband was carrying on the business of purchase and sale of cold drinks and he died in the year 1991. later on, the petitioner continued the same business. claiming herself as an illiterate woman, she alleged ..... (3) is made applicable. he relied on the decision of the apex court in attar singh gurmukh singh v. ito : [1991]191itr667(sc) , wherein the constitutional validity of section 40a(3) was questioned on the ground that imposition of tax on assumed income amounts to putting a restriction on the right to carry on .....

Rastriya Ispat Nigam Limit Vs. Asst. Commissioner of Income Tax and An ...

Court : Andhra Pradesh

..... set off against income under any head for assessment year 1997-98 and seven subsequent assessment years. the parliament again amended section 32 of the act by finance act, 2001 w.e.f.01-04-2002 and the original provisions of section 32 of the act were restored, removing the time limit of eight years that was introduced with effect from 04.07.1997. in view ..... iv, ward-a,(companies) ahmedabad (1976) 102 itr712 kothari (madras) ltd. v. agriculture income tax officer, (1989) 177 itr538 (1988 tax lr1505, and commr. of income-tax v. kalinga tubes (1991) 187 itr595 respectively in support of his contention that the word any used in the expression order sought to be amended would mean the original order of the assessment. as .....

ipur Gram Panchayat, Guntur District Vs. Government of Andhra Pradesh ...

Court : Andhra Pradesh

Reported in : 2000(5)ALD24; 2000(4)ALT678

..... resources which are vested in the gram panchayat is only in respect of the water works vested in the gram panchayat by operation of sub-section (1) of section 80 of panchayat raj act, 1994. their lordships observed that ' fishery rights in the tanks relating to irrigation works do not vest in the gram panchayat and such ..... (ii) such other funds as may be granted by the state and central government for the development of the area of operation; (iii) resources raised from any financing agency for undertaking any economic development activities in its area ofoperation; (iv) income from the properties and assets attached to the irrigation system within its area of operation; ..... of ownership over the tanks in question leave apart transferring the tank, which vested in the gram panchayat as per the earlier order of the government in 1991. as stated supra, if the intention of the government is to transfer the ownership of the minor irrigation tanks to the water users' associations, to augment .....

Patchala Seethramajah Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Reported in : [1999]107TAXMAN305(AP)

..... scheme') which was enunciated under the finance act, 1997 (26 of 1997). the petitioner has filed a declaration on 27-12-1997 under the said scheme disclosing the income for the years 1991-92 and 1992-93, for which no returns were filed by him under section 139(1) of the income tax act, 1961 ('the act'). later, the petitioner had paid the ..... a declarant under the scheme who paid the tax beyond the prescribed period thereunder is entitled for refund of the same?5. the scheme was enunciated under the finance act, 1997 (act 26 of 1997) with a view to give concessional rate of tax and immunity in respect of disclosure of concealed income. the scheme is a self-contained ..... void and non est and the declaration filed by the assessee was not acted upon, the question of retention of the tax paid under such declaration will not arise. the revenue cannot retain any amounts paid under a declaration falling within the mischief of section 67(2). there is no provision under the scheme whereby the revenue can .....

Patchala Seethramaiah Vs. Commissioner of Income Tax, Vijayawada and A ...

Court : Andhra Pradesh

Reported in : 2000(1)ALD354; 1999(6)ALT767; [2000]241ITR287(AP)

..... ') which was enunciated under the finance act, 1997 (act 26 of 1997).the petitioner has filed a declaration on 27-12-1997 under the said scheme disclosing the income for the years 1991-92 and 1992-93, for which no returns were filed by him under section 139(1) of the income tax act (for short 'the act'). later, the petitioner had paid ..... a declarant under the scheme who paid the tax beyond the prescribed period thereunder is entitled for refund of the same?5. the scheme was enunciated under the finance act, 1997 (act 26 of 1997) with a view to give concessional rate of tax and immunity in respect of disclosure of concealed income. the scheme is a self contained ..... void and non-est and the declaration filed by the assessee was not acted upon, the question of retention of the tax paid under such declaration will not arise. the revenue cannot retain any amounts paid under a declaration falling within the mischief of section 67(2). there is no provision under the scheme whereby the revenue can .....

Karvy Consultants Limited Vs. Government of India

Court : Andhra Pradesh

Reported in : 2006[]STR75

..... in relation to the business auxiliary services of provision of service on behalf of the client, from the whole of the service tax leviable thereon, under section 66 of the finance act, which is received by the service provided prior to 10-9-2004. this notification has neither been referred to in the show cause notice issued ..... since the activity carried on by the petitioner of 'registrar and transfer agency' falls within the purview of 'any incidental or auxiliary support service' under section 65(19) of the finance act, 2003, the said business auxiliary services rendered by the petitioner during the period 1-7-2003 to 31-1-2004 would bring them within the service ..... by the petitioner towards such services rendered from 1-7-2003 to 31-1-2004, that the show cause notice was issued after strictly construing section 65(19) of the finance act, 2003, that the functions of the registrar and share transfer agent is a service rendered which is in the nature of incidental or auxiliary support .....

Nava Bharat Ferro Alloys Ltd. Vs. Union of India (Uoi)

Court : Andhra Pradesh

Reported in : (2005)186CTR(AP)451; 2005(185)ELT236(AP); 2006[3]STR565

..... any person shall be punishable as an offence which would not have been so punishable if this section had not come into force.6. the argument is that the finance act, 1994 as amended by finance act, 1997, finance act, 2000 and finance act, 2003, are ultra vires on the ground that taxes on goods and passengers carried by road ..... the domain of state legislature. before going to this argument, it is necessary to reproduce the amendments that were affected to the finance act in 2003. section 68 in 2003 act reads as under:section 68 : payment of service tax.-provided that-(i) in relation to services provided by a clearing and forwarding agent, every person ..... the assent of the president in the prescribed manner on the basis of the self assessment of the service tax and the provisions of section 71 shall apply accordingly.in finance act of 2000, section 117 lays down:117. validation of certain action taken under service tax rules. - notwithstanding anything contained in any judgment, decree or .....

Commissioner of Income-tax Vs. Beehive Engineering Co. and Allied Indu ...

Court : Andhra Pradesh

Reported in : (1996)136CTR(AP)321; [1996]221ITR561(AP)

..... not less than fifty-one per cent. of such total income. 2. the question as to the exact meaning of the explanation to sub-section (7)(d) of section 2 of the finance act, 1966, came up for consideration and the board are advised that an 'industrial company' would mean - (i) a company which is mainly ..... 17, 1973) (see [1973] 88 itr 80). it reads : 'interpretation of the term 'industrial company' as given in the explanation to sub-section (7)(d) of section 2 of the finance act, 1966. '.... 'industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power ..... bharat enterprises (p.) ltd. v. cit : [1983]143itr804(ap) . there the division bench was concerned with the definition of 'industrial company' contained in section 2(6)(c) of the finance act, 1969, which is in pari materia as the definition under consideration. while interpreting the said definition, the division bench observed as follows (page 811) : ' .....