Judgment Search Results Home > Cases Phrase: finance act 2001 section 134 amendment of act 5 of 1986 Court: andhra pradesh Page 5 of about 163 results (0.182 seconds)

Commissioner of Income-tax Vs. Bolla Ramaiah and ors.

Court : Andhra Pradesh

Reported in : [1988]174ITR154(AP)

..... by the finance act, 1970, the definition of 'capital asset' was amended so far as ..... according to clause (viii) of section 47, any transfer of agricultural land effected before march 1, 1970 (the date on which the finance act, 1970, was introduced in parliament) would ..... are : '(1) whether the acquisition of lands under the requisitioning and acquisition of immovable property act, 1952, was completed before march 1, 1970 (2) whether the lands were agricultural lands on the date of acquisition (3) whether the benefit under section 54b of the income-tax act, was allowable in computing the capital gains in the event the acquisition was completed on march ..... well as both the appellate authorities, the main contention of the assessee has been that, inasmuch as the notification under section 7 of the 1952 act is dated february 12, 1970, and also because notices under the said act were issued prior to march 1, 1970, the transfer must be deemed to have taken place prior to march 1, ..... it says : 'any profits or gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise provided in section 53, 54, 54b and 54d, be chargeable to income-tax under the head 'capital gains', and shall be deemed to be the income of the previous year ..... as has been done by learned standing counsel for the revenue, that by virtue of clause (viii) of section 47, all transfers of agricultural lands, wherever situated, effected after march 1, 1970, became liable to capital gains .....

Commissioner of Income-tax Vs. Sudesh Kumari Soni

Court : Andhra Pradesh

Reported in : [1997]227ITR113(AP)

..... the profits and gains of a business of livestock breeding or poultry or dairy farming was completely exempted under section 10(27) until 1976 and the provision of section 80jj was introduced in the finance act, 1975. ..... in the circumstances of the case, the appellate tribunal was justified in directing the appellate assistant commissioner to consider that the assessee is an industrial company within the meaning of the finance act of the relevant assessment year for allowing enhanced depreciation at 10 per cent. ..... the objection that the assessee is availing himself of a double deduction as an industrial undertaking under section 80j as well as a poultry farm under section 80jj has also been rejected by the tribunal on the ground that there is no specific prohibition in these provisions as has ..... march 31, 1978, corresponding to the assessment year 1978-79, the assessee claimed deduction under section 80j as having established a new industrial undertaking in respect of the business of hatchery. ..... : [1993]204itr412(sc) and contended that the words 'production of article' in section 80j would refer only to manufacture or creation of inanimate objects of matter but not to ..... in the circumstances of the case, the appellate tribunal was justified in holding that the assessee is an industrial undertaking entitled to relief under section 80j of the income-tax act, 1961 2. ..... revenue, the following three questions have been referred by the tribunal under section 256(1) of the income-tax act, 1961 : '1. .....

The Commissioner of Central Excise and Customs, Hyderabad-II, Commissi ...

Court : Andhra Pradesh

..... - for the removal of doubts, it is hereby declared that - (1) the provisions of this section shall also apply to cases in which the order determining the duty under sub-section (2) of section 11a relates to notices issued prior to the date on which the finance act, 2000 receives the assent of the president; (2) any amount paid to the credit of the central government prior to the date of communication of the order referredto ..... order of the tribunal and we may also notice the very question raised in the present case would become academic in view of the fact that section 11ac came to be substituted by finance act, 2011 with entirely new provisions where different rates of penalties have been prescribed. ..... proviso : provided also that where the duty determined to be payable is reduced or increased by the commissioner (appeals), the appellate tribunal or, as the case may be, the court, then, for the purposes of this section, the duty as reduced or increased, as the case may be, shall be taken into account : provided also that in case where the duty determined to be payable is increased by the commissioner (appeals), the ..... is in appeal raising the substantial question of law that whether the cestat has power to reduce the mandatory penalty equivalent to duty imposed under section 11 ac of he central excise act, 1944, especially when the invocation of the longer period on the ground of suppression of fact was justified in view of the hon'ble ..... to the amended section 11ac provides .....

Jayasree Financiers (Regd.) Vs. Bejawada Venkatachalapathy and anr.

Court : Andhra Pradesh

Reported in : 2007(5)ALD298

..... , after recording reasons and also the relevant provisions of finance act 32/94 dated 13.5.1994 and the schedules thereunder, came to the conclusion that the suit document is insufficiently stamped and hence hit by section 35 of the indian stamp act and the finding recorded by the court of first instance ..... however, in view of the fact that as against the main judgment and decree in a small cause suit governed by the provisions of the provincial small cause courts act, 1887, the remedy available under section 25 of the act is only by way of revision, in the present case, as against the rejection of the plaint also, a revision is maintainable.further reliance was placed on the ..... different provisions of the code of civil procedure, hereinafter in short referred to as code, for the purpose of convenience, and also different provisions of provincial small causes courts act, hereinafter in short referred to as act, for the purpose of convenience, and placed reliance on several decisions and would maintain that in the light of the language employed in the provisions specified above, the appeal ..... since the plaint is returned for compliance of certain objections, the appellant-plaintiff is entitled to carry out such corrections or such suitable amendments and that cannot be a ground to negative the relief. ..... be treated as fresh plaint and it cannot be dismissed on ground that it contained averments not made in original plaint and it is not always necessary to seek amendment of plaint. ..... amended .....

G. Lakshmi Narayana Vs. Income-tax Officer

Court : Andhra Pradesh

Reported in : (1988)72CTR(AP)160; [1989]175ITR593(AP)

..... by section 1(2) of the finance (no.2) act of 1980, sub-section (9) is introduced from april 1, 1980, and view of section 4 of the act will apply to the assessment years commencing after april 1, 1980. ..... the prayer in these writ petitions is for a declaration that the amendment inserting sub-section (9) to section 171 of the income-tax act, 1961, by the finance (no. ..... in view of the aforesaid position, there shall be a direction to the income-tax officer not to apply the provisions of sub-section (9) of section 171 of the act to the proceedings of the petition, for the assessment year 1979-80, and to complete their case without reference to it. ..... in view of the positio n that the amendment does not apply to the assessment year 1979-80, the income-tax officer is not justfied in invoking sub-section (9) of section 171 for ignoring the partial partition claimed by the petitioners during the assessment year 1979-80 on the ground that it was effected after december 31, 1978, viz. ..... but, because of the aforesaid amendment, the income-tax officer is ignoring the earlier order passed by him under section 171 or to recognise the partial partition. ..... in view of section 1, sub-section (2), this amendment has retrospective effect from 1st day of april, 1980. .....

Commissioner of Income-tax Vs. Mohd. Khaleel

Court : Andhra Pradesh

Reported in : [1991]188ITR449(AP)

..... learned standing counsel for the income-tax department has contended that, in order to get over the decision of this court, and explanation has been added to section 2(1a) of the income-tax act by the finance act of 1989 with retrospective effect and, therefore, the judgment of this court which has been followed by the tribunal no longer applies. 3. ..... from the limits of notified municipality or municipal corporation is agricultural income not chargeable to income-tax having regard to the explanation to section 2(1a) of the income-tax act introduced by the finance act of 1989 with retrospective effect from april 1,1970?' 4. ..... in the said decision, this court held that ' the mere amendment of the definition of 'capital asset' in section 2(14) is not sufficient to clothe parliament with the power to tax agricultural income. ..... form the end of the municipal limits of the notified municipality is not a capital asset within the meaning of the terms as contained in section 2(14) of the income-tax act?' 2. .....

i. T. C. Classic Finance and Services Vs. Commissioner of Commercial T ...

Court : Andhra Pradesh

Reported in : 1995(1)ALT563

..... amendment to the expression 'sale' by act 18 of 1985 consequent upon the constitution (forty-sixth amendment) act, the words 'sale' or 'purchase' of goods occurring in section 5 of the act, which speaks of levy of a tax on sale or purchase of goods, must be understood with reference to the amended definition of sale as contained in explanation iv to section 2(n) of the act ..... 1993, which is in the following terms : 'in exercise of the powers conferred by sub-section (1) of section 9 of the andhra pradesh general sales tax act, 1957 (act vi of 1957) read with section 15 of the andhra pradesh general clauses act, 1891 (act 1 of 1891), the governor of andhra pradesh hereby rescinds the notification issued in g.o. ms. ..... 1388 dated december 23, 1985, reads : 'in exercise of the powers conferred by sub-section (1) of section 9 of the andhra pradesh general sales tax act, 1957 (andhra pradesh act vi of 1957), the governor of andhra pradesh hereby exempts the dealers who transfer the right to use any goods from the tax payable under section 5-e of the act with effect from 1st july, 1985, on such part of the turnover in respect of any right to use ..... 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, without correctly understanding and ..... [1986] .....

Prof. V.S.S. Sastry Vs. the Ministry of Human Resource Development, Go ...

Court : Andhra Pradesh

Reported in : 2008(4)ALD315; 2008(4)ALT240

..... of the chancellor passed on the ground of mis-behavior or incapacity and after due enquiry by such person who is or has been a judge of the high court or the supreme court as may be appointed by the chancellor and that section 13(a) introduced by the second amendment of the act deals only with the appellant and thus it was a clear case where the statute itself directed its provisions against one individual, namely, sri d.s. ..... be clear that not only the first vice-chancellor but also the first chancellor, first registrar, first finance officer, first court, first executive council and first academic council are to be appointed by the central government; that section 46 starts with a non-obstante clause and over-rides the provisions of the act, including sections 4(v) and 13; and that the letter of appointment dated 11-11-2005, by which the petitioner was appointed as vice-chancellor, cannot ..... the board of governors comprised secretary to the government of india, ministry of education & sw (ex- officio); nominee of the central government to represent the ministry of education; nominee of the central government to represent the ministry of finance; representative of the central advisory board of education nominated by the central government; vice-chancellor of osmania university, hyderabad (ex- officio); three members nominated by the central government; two other members nominated by the central government to represent .....

Shaik Rahim Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Reported in : 1977CriLJ417

..... vehicle, and he is given an opportunity for making a representation in writing against the grounds of confiscation, and he is given a reasonable opportunity of being heard in the matter.sub-section (2) of section 6-b reads as follows:without prejudice to the provisions of sub-section (1), no order confiscating any animal, vehicle, vessel or other conveyance shall be made under section 6-a if the owner of the animal, vehicle, vessel or other conveyance proves to the satisfaction of the collector that it was used in carrying the essential commodity without ..... while construing section 11(d) of the opium (madhya bharat amendment) act 1955, the supreme court held that it was only permissive and not obligatory to confiscate the truck. ..... he ordered that the truck shall be confiscated to the state on the ground that it was mandatory for him to confiscate the truck under section 11(d) of the opium (madhya bharat amendment) act 1955. ..... since there was a prima facie case notices were issued under section 6-a of the essential commodities act, by the district revenue officer, nellore to sri pulimi krishnaiah, the owner of the lorry, and sri p. ..... azad bharat finance co. ..... azad bharat finance co. ..... azad bharat finance co. .....

State of Andhra Pradesh Vs. Synthetic Fibre and Fabrics

Court : Andhra Pradesh

Reported in : 1991(34)ECC195; [1991]80STC217(AP)

..... screens and door 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. ..... 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 'country twine', all of which are used for packing or packaging goods. ..... 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 ..... that 'synthetic yarn' is exigible to tax at 3 per cent under entry 76 of the first schedule to the act, and that it is neither taxable as 'general goods' under section 5(1) nor as 'plastic articles' under entry 113 of the first schedule. ..... central excise : 1986(25)elt473(sc) functional ..... 1986] 63 stc 322 - a case arising under the central excises and salt act, 1944 - where, the learned counsel says, applying the functional test, it was held that mirrors and wind screens, rear screens, and door screens manufactured for motor vehicles, do not and cannot fall within the entry 'glass or glasswares', within the meaning of item 23a(4) of schedule i to the central excises and salt act .....