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. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD(Cri)249; II(2004)BC448
..... from the bank about the dishonour of the cheques. therefore, i have no hesitation in holding that the accused committed an offence punishable under section 138 of the act. he is accordingly convicted under section 138 of the act.13. as regards the sentence, the complaint was lodged about five years back. therefore, it is not desirable to send the accused ..... the firm, it does not mean that they relate to some transaction between the accused and p. w. 1 individually. the cheques were issued in favour of the appellant-finance firm. the cheques were presented in the bank on its behalf. in exs. p15 and p16 issued by p.w. 1, the same cheque numbers were referred to. ..... its judgment, dated 20.1.2000, inter alia on the ground that p.w. 1 issued the notice in his individual capacity but not on behalf of the appellant-finance firm, and that he was not properly authorized to represent the company. questioning the legality and correctness of the said judgment, the de facto complainant filed the present .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(3)ALD125; 2000(3)ALT432; 2001(136)ELT45(AP)
..... determined, after over-ruling the objection of the petitioner. it cannot be disputed that in view of the definition of 'tax arrear' under section 87(m) of finance act no.2 of 1998 (for short 'the act'), the amount of duty constituting the subject-matter of show-cause notice issued before 1st april, 1998 comes under the said definition. under ..... commissioner of customs and central excise, guntur, since you have not paid the entire amount, i.e., rs.13,22,879/- as payable under section 88(f) of the finance (no.2) act, 1998.'2. by the date of filing the declaration, the tax arrears quantified to be payable by the petitioner as per the show-cause notice ..... section 88 of the act, the declaration has to be filed before the designated authority before the stipulated due date. if such declaration relating to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1980CriLJ1164
..... against that order of the licensing authority, the commissioner of police, hyderabad, the petitioner preferred an appeal to the government of andhra pradesh under section 10(4) of the act. before the government the petitioner complained through his lawyer that the commissioner of police did not consider the explanation offered by the licensee and that ..... manager that there was a failure in supply of electricity. the complainant who is the deputy commissioner of police without rejecting this explanation as irrelevant under the act, took trouble to investigate into the truth of the petitioner's explanation. the deputy police commissioner, found this explanation wholly untrue. he not only found ..... when the film is being exhibited and the public is seated in the auditorium.' section 10(2)(b) of the act reads as follows :- 'the licensee has, without reasonable cause failed to comply with any of the provisions of this act or of the rules made thereunder, or any of the conditions or restrictions upon .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1979(4)ELT307(AP)
..... were deemed to have come into effect on and from 1-3-1951. section 7(2) ..... finance act of 1951 being act, 23 of 1951, which became a law on 28-4-1951. by this act, the duty on tobacco was raised from 8 annas to 14 annas per lb. though the finance act, 1951 became law on 28-4-1951, yet by virtue of section 6(2) the rates introduced by the act ..... being deducted from out of the duty payable on the electric fans manufactured by it. because of the finance act, 1969 placing the stators and rotors under entry 30, the petitioner became ineligible for the said facility ..... finance act, 1969, however took them out of entry 33 and placed them under entry 30. it may be noticed that in november, 1971, the position was restored and the stators and rotors again came to be mentioned under entry 33. the present dispute has arisen because of the said change in law.3. the rules framed under section .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(5)ALD220; 1999(5)ALT484; [1999]239ITR687(AP)
..... of rs.245/-. the assessee unsuccessfully claimed that the cash transactions are genuine and are allowable expenditure under the act.4. sri y. ratnakar counsel for the petitioner contended that the provisions of section 40-a(3) of the act as amended by the finance act of 1995. stipulate that 20% of the expenditure incurred by an assessee exceeding twenty thousand rupees, otherwise than by ..... a crossed cheque drawn on a bank or by a crossed bank draft shall not be allowed as a deduction. the said section further provides that no disallowance .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2001]252ITR316(AP)
..... referred to above, is the same. after extracting the facts and analysing several decisions and also considering the effect of section 17(2)(vi), which was inserted by the taxation laws (amendment) act, 1984, but repealed by the finance act, 1985, it was held that the interest subsidy is not a perquisite and that no legal obligation lies on ..... the clarification issued by the chairman, central board of direct taxes, the clarification issued by the income-tax officer, ward-5(7), hyderabad, the order under section 264 of theincome-tax act, passed by the commissioner of income-tax, andhra pradesh-i, hyderabad, in the case of e.c.i.l. and the decision of the income-tax ..... is correct in holding that the assessee-company is liable to pay tax on interest subsidy provided to its employees in accordance with the provisions of section 201 of the income-tax act, though the assessee-company was under honest belief that such interest subsidy is not includible as perquisite ? 5. whether, in the facts and in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1959]36ITR337(AP)
..... the case of babu khan and sons v. commissioner of income-tax, for the proposition that section 13 of the indian finance act, 1950, which repealed the hyderabad income-tax act was not saved for purposed of reassessment or reopening escaped assessment. sub-section (1) of section 13 of the indian finance act, 1950, is in the following terms :'if immediately before the 1st day of april, 1950 ..... the registration of a firm would be saved as coming within the term levy, assessment and collection under sub-section (1) of sections 13 of the indian finance act. the provisions relating to the registration of cancellation of a firm are to be found in section 31 which deals with assessment. the registration or non-registration of the firm would materially affect the procedure for .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP263
..... of income-tax, hyderabad, ilr 1956 hyd 809 for the proposition that section 13 of the indian finance act 1950 which repealed the hyderabad income-tux act was not saved for purposes of reassessment or reopening escaped assessment. sub-section (1) of section 13 of the indian finance act, 1950 is in the following terms:'if immediately before the 1st day of ..... and co. v. commissioner of income-tax, ilr 1956 hyd 899 we held that sub-section (1) of section 13 of the indian finance act did not have the effect of saving the provisions of section 40 of the hyderabad income-tax act for purposes of imposing the levy of penalty relating to any particular year or years of ..... firm would be saved as coming within the term levy, assessment and collection under sub-section (1) of section 13 of the indian finance act. the provisions relating to the registration or cancellation of a firm are to be found in section 31 which deals with assessment. the registration or non registration of the firm would materially .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1987(32)ELT350(AP)
..... department in writ appeal no. 181/80, referred to above. by the time the writ appeal came up for hearing before the bench, the parliament amended section 4 by finance act, 1982 (act no. 14 of 1982) with retrospective effect from 1-10-1975. by this amendment an explanation was added, which reads thus: 'explanation.: for the purposes ..... the exemption granted has to be excluded from the normal price. learned counsel for the assessee fairly conceded that because of the above explanation inserted by the finance act of 1982 with retrospective effect from 1-10-1975 the assessee's contention is no longer tenable'. the bench then proceeded to deal with the contentions as ..... the duty thereon being levied ad valorem; (vide item 4 of the first schedule to the central excises and salt act, 1944 - hereinafter referred to as 'the act'). clause (a) of sub-section (1) of section 4 of the act provides that excise duty is to be calculated on the basis of wholesale cash price of the commodity concerned. clause .....
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