Judgment Search Results Home > Cases Phrase: finance no 2 act 2004 Court: andhra pradesh Page 11 of about 644 results (0.094 seconds)

Vazir Sultan Tobacco Co. Ltd. Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Reported in : [1974]96ITR248(AP)

..... disputed or contingent liabilities, (2) where- (a) any amount written off or retained by way of providing for depreciation, renewals or diminution in value of assets, not being an amount written off' in relation to fixed assets before the commencement of this act; or (b) any amount retained by way of providing for any known liability; is in excess of the amount which, in the opinion of the directors, is reasonably necessary for the purpose, the excess shall be treated for the purposes of this ..... if the finance act is passed, it is the rate fixed by that act; if the finance act has not yet been passed, it is the rate proposed in the finance bill pending before parliament or the rate in force in the preceding year, whichever is more favourable to the ..... a reading of the above provisions indicates that the total income of the relevant previous year, determined under the provisions of the income-tax act, 1961, and adjusted in accordance with the provisions of the first schedule to the act is 'chargeable profit', and 6% of the capital oi the company on the first day of the relevant previous year, computed in accordance with the provisions of the second schedule, or ..... at the instance of the assessee-company, the income-tax appellate tribunal, under section 256(1) of the income-tax act, read with section 19 of the super profits tax act referred the following question of law to this court:' whether, on the facts and in the circumstances of the case, the provision, (a) for taxation .....

M/S. Sreemithra Developers Pvt. Ltd., Rep. by Its Managing Director Vs ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... clause (o) of the definition section defines it as under: " service' means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under ..... appellant submitted that the respondent became a member of the appellant by opting for instalment scheme and the duration of the scheme started in 2004 and ended in 2007 and therefore the complaint is barred by limitation. ..... appellant submitted that the complainant is not a consumer within the meaning of section 2(d)(i)(ii) of c.p.act, 1986 since the transaction is contractual in nature. ..... can a complaint be filed under the act against the statutory authority or a builder or contractor for any deficiency in respect of such ..... may mean any benefit or any act resulting in promoting interest or happiness. ..... development authority is a decision which stood the test of time and the term service has been considered on the broad horizon of section 2(1)(o) of the consumer protection act as under: 4. ..... absence of any indication, express or implied there is no reason to hold that authorities created by the statute are beyond purview of the act. ..... 's law dictionary it is defined as "existing in possibility but not in act. .....

Commissioner of Income Tax Vs. Roda Mistry

Court : Andhra Pradesh

Reported in : (1998)149CTR(AP)78; [1998]231ITR12(AP); [1998]100TAXMAN54(AP)

..... 1975-76 whereas these sections were inserted by the finance act, 1978, and applicable w.e.f. ..... 54e(3) which was introduced by the finance act, 1978, w.e.f. ..... 54e(3) and 155(10b) of the it act, 1961, were applicable in the case of the assessee for the asst. yr. ..... 54e(3) of the it act only to the additional compensation received in respect of the acquisitions that take place after the introduction of the provision. ..... 256(1) of the it act, 1961, for the opinion of this court : 'whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that provisions of ss. .....

Satti Venkateswara Reddy Vs. Mallidi Venkata Reddy

Court : Andhra Pradesh

..... other terms and conditions with regard to the deposit in the form of a document, however, shall require registration under section 17(1)c) of the registration act, but in a case in which such a document does not incorporate any term and condition, it is merely evidential and does not require registration. ..... it follows that in such a case the document which constitutes the bargain regarding security requires registration under section 17 of the indian registration act, 1908, as a non-testamentary instrument creating an interest in immovable property, where the value of such property is one hundred rupees ..... to create the charge and the document, which constitutes the bargain regarding the security, is also necessary and operates to create the charge in conjunction with the deposit, it requires registration under s.17, registration act, 1908, as a non-testamentary instrument creating an interest in immovable property, where the value of such property is one hundred rupees and upwards. ..... it follows that in such a case the document which constitutes the bargain regarding security requires registration under section 17 of the indian registration act, 1908, as a non-testamentary instrument creating an interest in immovable property, where the value of such property is one hundred rupees ..... here to state that letter dated 29th march, 2007 of the finance commissioner inter alia makes instrument of deposit of title-deeds compulsorily registerable under section 17(1)(c) of the registration act. ? .....

Commissioner of Income-tax Vs. S.V. Dalappa and Sons

Court : Andhra Pradesh

Reported in : (1989)75CTR(AP)184; [1989]176ITR455(AP)

..... ; (c) each member or group of members of such family immediately before such partial partition and the family shall be jointly and severally liable for any tax, penalty, interest, fine or other sum payable under this act by the family in respect of any period, whether before or after such partial partition; (d) the several liability of any member or group of members aforesaid shall be computed according to the portion of the joint family property allotted ..... sub-section (9) declares that no partial partition shall be recognised for the purpose of the act and it is, therefore, rightly placed in section 171, which deals with assessment of a hindu undivided family ..... of clause (b) of sub-section (9), the hindu undivided family, which was assessed as such for the assessment year 1979-80, shall continue to be liable to be assessed under this act as hindu undivided family as if no such partial partition had taken place. ..... the tribunal also noted that chapter xvi of the act contains special provisions relating to firms and that section 182(1) opens with a non-obstante clause 'notwithstanding anything contained in sections 143 and 144', which words, according to the tribunal, indicated that ..... that such partial partition had taken place and any finding recorded under sub-section (3) to that effect whether before or after the 18th day of june, 1980, being the date of introduction of the finance (no. ..... is not permissible in law, by virtue of sub-section (9) of section 171, inserted by the finance (no. .....

Commissioner of Income-tax Vs. Kohinoor Glass Factory P. Ltd.

Court : Andhra Pradesh

Reported in : [1989]175ITR237(AP)

..... 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 ..... 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 was right in concluding that a charge on the assets of the company was ..... assessee's contention is that an equitable mortgage is created in favour of the depositors, it is imperative that the act of deposit of title deeds is established in order to make the mortgage valid. ..... issued the certificate on may 2, 1977, acknowledging the fact that pursuant to the provisions contained in section 132 of the companies act, in the records of the registrar, a charge has been registered against rs. ..... can be said is that it is a step in the direction of taking action at a future date to create a charge, which act bears the authorisation of thee board of directors of the company. ..... we may refer to section 58(f) of the transfer of property act which requires delivery to a creditor or his agent of documents of title to immovable property with intent to create a security thereon in order that an equitable mortgage is created .....

Commissioner of Income-tax Vs. D. Rani

Court : Andhra Pradesh

Reported in : [1996]218ITR724(AP)

..... 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 ..... but the commissioner of income-tax, in exercise of the power under section 263, opined that the order of assessment was erroneous and prejudicial to the interests of the revenue as exemption under section 54 of the act was wrongly allowed and after giving an opportunity of being heard to the assessee, set aside the order of the assessment with a direction to the income-tax officer to redo the assessment of january 15, 1985. ..... in this reference, at the instance of the revenue, under section 256(1) of the income-tax act, 1961, the following question is referred for the opinion of this court : 'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in law in holding that ..... that the use was for a period less than two years, it was contended by the revenue that the provisions of section 54 of the act would not be attracted. ..... capital gain is greater than the value of the house property purchased or constructed, the difference between the amount of capital gain and the cost of new asset shall have to be charged under section 45 of the act as the income of the 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. .....

Auric Engineering Private Limited Vs. Commissioner of Commercial Taxes ...

Court : Andhra Pradesh

Reported in : 1995(3)ALT640; [1996]101STC270(AP)

..... in our view, leads to the conclusion that concessional rates of tax provided in provisions other than section 5-b, would form basis for levy of surcharge and they would be included within the expression 'tax under this act', and the concessional tax contemplated under section 5-b shall not be exigible to surcharge under section 6-b. ..... 710 relating to the first sales of general engineering goods, capacitors and laminations used in electrical fans, which were covered by declarations in form 'g1' issued under section 5-b of the act read with rule 30-a of the andhra pradesh general sales tax rules. ..... section 5-b(1) of the andhra pradesh general sales tax act, as it stood at the relevant point of time, reads as follows : 'section 5-b : levy of concessional tax in respect of component ..... a plain reading of section 5-b of the act coupled with the purpose and objective of this provision makes it clear that the tax leviable under section 5-b of the act is at a maximum of 4 per cent ..... appeal under section 23(1) of the andhra pradesh general sales tax act, 1957 (for short, 'the act'), arises out of the order passed by the commissioner of commercial taxes exercising suo motu revisional powers under section 20(1) of the act. ..... - (1) notwithstanding anything in this act, every dealer shall pay, in respect of any sale of goods specified in a scheme published by the state government by notification to another for use by the latter as component part of any other goods specified in the said scheme, which .....

The Minerals and Metals Trading Corporation of India Ltd. Vs. the Stat ...

Court : Andhra Pradesh

Reported in : [1989]72STC29(AP)

..... . the supreme court held that the expression 'occasions the movement of goods' in sections 3(a) and 5(2) of the central sales tax act had the same meaning, that before a sale could be said to have occasioned the import, it was not necessary that the sale should have preceded the import and that the movement of goods ..... the petitioner was also registered as a dealer under the bengal finance (sales tax) act as well as under the c.s.t ..... court that the transaction of sale by the auctioneers to the agents and intermediaries of the foreign buyers did not occasion the export of the goods, even though the appellants knew that the buyers were acting on behalf of the foreign principals and that the buyers intended to export the goods ..... . on these findings, it is clear that the petitioner was not an agent but was acting as a principal and it was not also obliged to sell the goods only to coromandel and it could sell to other party ..... . the letter of authority clearly stated that the respondent-firm will act purely as an agent of the licensee and that the goods imported will be the property of the licence holder both at the time of clearance through the customs and ..... has acknowledged that the coromandel fertilisers has reserved the right to act for itself in respect of the following matters under the contract - (i) review of nominations and shipments schedule; (ii) supply on payment for and receipt of demurrage and despatch at unloading port; (iii) insurance claims; and (iv) matters relating .....

Commissioner of Income-tax Vs. Dr. S. Surender Reddy

Court : Andhra Pradesh

Reported in : (2000)162CTR(AP)145; [2000]243ITR110(AP)

..... argument of learned counsel for the revenue is that by using this machinery neither a thing nor an article is produced, but only a report is given and, therefore, it does not qualify for allowance under section 32a of the act in view of the language used in sub-clause (iii) of subsection (2) of section 32a ; while learned counsel for the assessee submitted that giving of a report by the doctor with the assistance of the machinery amounts to production ..... the tribunal referred the following question for the opinion of this court under section 256(1) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is correct in law in holding that the asses-see, who is running a diagnostic centre, as a qualified professional, is carrying on business and/or ..... held that the assessee is entitled for investment allowance under section 32a of the income-tax act, in respect of the equipment used in the laboratory for testing blood, serum, etc. ..... investment allowance on the same under section 32a of the income-tax act in respect of the following machinery : 1. ..... equipment used for conducting the pathological tests the assessee is not qualified to claim investment allowance under section 32a of the act. ..... x-rays the tribunal is also of the view that the x-rays produced by using x-ray equipment is a thing within the meaning of section 32a of the income-tax act.6. ..... is entitled for investment allowance under section 32a of the income-tax act. .....