Court : Andhra Pradesh
Reported in : (1980)14CTR(AP)11; [1980]123ITR802(AP)
..... (5)(b) relating to the assessment of an unregistered firm were introduced into the indian i.t. act, 1922, respectively, by the amendments made by the indian i.t. act, 1939, and section 14 of the finance act, 1956. the result is that while the income in the hands of an unregistered firm cannot be assessed to income-tax if ..... income-tax law the unregistered firm could still be assessed. the effect of the amendment brought about by the finance act, 1956, was considered in this case and it was held that the amendment brought about by the finance act of 1956 did not permit the ito to assess the income in the hands of the unregistered firm having ..... the assessing authority to proceed against the firm which is a taxable entity, and that the tax on the unregistered firm has to be determined in accordance with section 183 of the act and that, therefore, the ito was correct in proceeding with the assessment against the unregistered firm. in the decision in cit v. blue mountain engineering corporation .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP253; [1961]43ITR344(AP)
..... partners or the persons, as the case may be jointly and severally.8. section 11 of the indian finance act, 1958 has introduced far-reaching amendments to section 44. the substituted section is in these terms:section 11, 'for section 44 of the income-tax act, the following section shall be substituted, namely: '44(1) liability in case of firm or ..... assessment made on a dissolved firm as such without making it on the erstwhile partners jointly and severally would be in contravention of section 44 before the amendments introduced by the indian finance act 1958, and, therefore, illegal.23. the learned counsel for the department contends that a different view had been taken by a ..... interdict, restraining the collector from enforcing the demand which is afflicted with an obvious legal infirmity.6. section 44 of the indian income-tax act, as it stood prior to the amendment made in and by the indian finance act, 1958, was in these terms:44: 'where any business, profession or vocation carried on by a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008[10]STR434
..... original and appellate authorities in correct perspective and therefore, the finding that the petitioner falls within the ambit of commercial coaching and training under section 65(27) of the finance act, 1994 cannot be sustained.5. while the learned asst. solicitor general of india, vehemently opposed the prayer of the petitioner.6. having ..... central excise and service tax appellate tribunal, bangalore, to dispose of the appeal filed by the petitioner against the order dated 31-8-2007 in appeal no. 35 of 2007 (h.h) service tax by the first respondent expeditiously, the petitioner filed this writ petition.2. the petitioner is a charitable educational ..... tax on services, were levied. aggrieved by the said order, petitioner herein preferred appeal being appeal no. 35 of 2007 before the first respondent and the first respondent vide order dated 31-8-2007 dismissed the same. aggrieved thereby, the petitioner preferred appeal before the customs, central excise and service fax appellate tribunal, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1998)149CTR(AP)78; [1998]231ITR12(AP); [1998]100TAXMAN54(AP)
..... the case, the tribunal was correct in holding that provisions of ss. 54e(3) and 155(10b) of the it act, 1961, were applicable in the case of the assessee for the asst. yr. 1975-76 whereas these sections were inserted by the finance act, 1978, and applicable w.e.f. 1st april, 1978 ?' 2. the assessment year is 1975-76. ..... to rs. 4,64,900. the assessee invested the entire additional compensation in 7-year national rural development bonds as per s. 54e(3) which was introduced by the finance act, 1978, w.e.f. 1st april, 1978. the ito rectified the original assessment under s. 154 r/w s. 155(7a) to tax the enhanced compensation received by ..... received in respect of the acquisitions that take place after the introduction of the provision. such a narrow interpretation is not warranted either going by the language of the section or by having resort to the purposive interpretation. the words 'within six months after the date of receipt of additional compensation' cannot be qualified by the limitation .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1989]175ITR237(AP)
..... 3. before we refer to the relevant facts, we may first refer to the provisions contained in section 40a(8). sub-section (8) was inserted in section 40a by the finance act, 1975, with effect from april 1, 1976. eventually, this was omitted by the finance act, 1985, with effect from april 1, 1986, so that from the assessment year 1986-87 onwards, ..... the provision is out of the statute book. it is not in dispute that for the assessment year 1977-78, sub-section (8) was very much on the statute book. it ..... computing the assessee's income. the commissioner of income-tax was not satisfied with the tribunal's direction to allow interest and consequently filed an application under section 256(1) of the act and sought a reference of the following question : 'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1969]74ITR248(AP)
..... ] scottish cases 125. but this case is decided on the language of section 15 of the u.k. finance act, 1896. though section 24 is based upon the provisions of section 15 of the u.k. finance act, the scope of section 24 in the indian act is more liberal than the corresponding section under the english act. secondly, the concept of hindu law and the rights of a hindu widow ..... are foreign to the provisions of the english act and in determining the scope .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1996]218ITR724(AP)
..... (mad) which is being consistently followed by that court. 4. the answer to the question referred to above depends upon the true interpretation of section 54 of the act. section 54 of the act was inserted in the income-tax act by the finance act, 1978, with effect from april 1, 1974, and it remained in the statute book till it was amended by the ..... finance act, 1982, with effect from april 1, 1983. as the question relates to the assessment year 1982-83, we shall refer to the unamended ..... previous year but if the amount of capital gain is equal to or less than the cost of new asset, the capital gain shall not be charged under section 45 of the act. section 45 reads as follows : 'any profits or gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise provided .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1976]38STC292(AP)
..... paper bags for purposes of regeneration into fluid milk was not sustainable. it was clearly a case which was limited to the scope of entry i-b in the finance act, 1969, and cannot have any relevance to the understanding of the present entry.13. what emerges from the above discussion is that the legislature has -power to decide ..... 1091 dated 10th june, 1957, exempting milk from sales tax. but the entry makes milk foods, powder and baby milk foods exigible to sales tax at single point under section 5(2)(a). there is no difference whatever between fresh milk and milk powder. if milk powder is mixed with water, it becomes milk. likewise, milk foods also. in ..... sambasiva rao, ag. c. j.1. is entry 43 (which is now entry 44) in the first schedule to the andhra pradesh general sales tax act, 1957, providing for a single point sales tax under section 5(2)(a) on milk foods, powder and baby milk foods, but excluding fresh milk, discriminatory and, therefore, violative of article 14 of the constitution .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1992AP143; 1991(1)ALT653
..... that the term 'other structure' wilt have to be read in consonance with the concept of the specific type of structures which have been mentioned in the said section. if we read the term 'other structure' used 'ejusdem generis'1, then it is obvious that the term 'other structure' will also have to bear similar ..... been put up as mentioned therein can be caused to be removed by the commissioner by dispensingwith giving of a notice. s. 406 of the hyderabad municipal corporations act, on the other hand, lays down the well recognised principle that the commissioner may, by written notice, cause to be removed certain structures or fixtures which ..... the main contention of the writ petitioners is that the municipal corporation of hyderabad is now seeking to take action under s.405 of the hyderabad muncipal corporations act without giving any notice thereby trying to remove the structures erected on the premises. mr. khader ah khan, learned standing counsel for the municipal corporation of hyderabad .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(4)ALD747; 2001(4)ALT725
..... revision by the commissioner under section 20(3) of the bengal finance (sales tax) act, 1941, as extended to the union territory of delhi, the revisional authority has to initiate the proceeding within a reasonable time. any unreasonable delay ..... shows that the assessing officer was given power under rule 43-d for bringing to tax any amount escaped from the assessment to tax under section 4 or section 4(a) of the act. a perusal of the said provisions shows that the assessing officer was given a maximum period of six years from the expiry of the ..... singh (supra). here, the apex court considered the question of limitation with reference to the suo motu revisional powers exercised by the commissioner under the bengal finance (sales tax) act, 1941 as extended to the union territory of delhi. it was held-'although no limitation has been provided for the exercise of the suo motu power of .....
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