Court : Andhra Pradesh
Reported in : [1993]202ITR222(AP)
..... the firm or the members of the association individually.' 8. section 4 of the income-tax act, 1961 : '4. charge of income-tax - (1) where any central act enacts that income-tax shall be charged for any assessment year at any rate or rates, income-tax at that rate or those rates shall be charged for that year in accordance with, ..... ashok, learned standing counsel for the revenue, has contended that whatever might have been the position under section 3 of the indian income-tax act, 1922, now under section 4 of the income-tax act, 1961, no option is available to the assessing authority either to assess the unregistered firm or its members, therefore, the assessing authority is ..... factory : [1966]60itr95(sc) on the ground that it was under section 3 of the old act which was different from the provisions of section 4 of the income-tax act, 1961 (hereinafter referred to as 'the new act'). the income-tax tribunal followed the judgment of this court in atchaiah's case : [1979]116itr675(ap) , which .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1974]97ITR290(AP)
..... which he proposed to reopen the assessment of the assessee. after duly considering those reasons given by him, the commissioner of income-tax sanctioned issue of notice under section 151(2) of the income-tax act, 1961. in pursuance of the notice served on the managing partner of the firm, ammi reddy hid filed a return of ..... payable by the firm, although such share is to be be included in his total income for the purpose of determining the rate applicable to his taxable income. however, under section i83(b) of the income-tax act, 1961, the income-tax officer may assess the partners of an unregistered firm in respect of their shares of the firm ..... of the constitution of india, the petitioner seeks a writ or direction prohibiting or restraining the income-tax officer, rajahmundry, from proceeding further in pursuance of notice dated december 11, 1970, issued under section 148 of income-tax act, 1961, proposing to reopen the assessment for the assessment year 1965-66 and requiring him to file a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1967]64ITR93(AP)
..... being heard. after consideration of the objections raised by the assessee, the orders were passed. it was also stated that since the rectification under sections 154 and 155 of the income-tax act, 1961, for the assessment years 1951-52 and 1955-56 had not yet been completed, there was no question of any limitation. it was further stated that under section 16 (3 ..... with the specific understanding that they were subject to revision under section 35 of the income-tax act, 1922 (corresponding to sections 154 and 155 of the income-tax act, 1961), after the ascertainment of the correct share income which could be finally known after the completion of the assessments of the firm. the income of the minor sons of the petitioner was also liable to be included as .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP94; 2004(1)ALD199; 2004(1)ALT417; II(2004)BC76; (2004)189CTR(AP)256
..... method and manner of conducting sale of the property except section 29, which reads:application of certain provisions of income tax act:--the provisions of the second and third schedules to the income-tax act, 1961 (43 of 1961) and the income-tax (certificate proceedings) rules, 1962, as in force from time to time shall, as far as possible, ..... qua the property in question filed this writ petition on 27.12.1999 without resorting to the remedy provided in the second schedule to the income tax act, 1961 and income tax (certificate proceedings) rules, 1962. in the aforementioned background, we will have to notice the grounds on which the petitioners | have come forward ..... and the rules to the 'assessee' shall be construed as a reference to the defendant under mis act. 28. aforementioned provision in the act makes the second and third schedules to the income-tax act, 1961 and the income-tax (certificate proceedings rules) 1962 as in force from time to time applicable to the extent possible with .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1969]74ITR558(AP)
..... again on the basis that the assessee had not made out that the agreement to grant the loan was not subject to the condition that it was free of income-tax under the indian income-tax act. we have already stated that not only the decision of the supreme court deals with both the questions, one of which pertains to the grant of the identical ..... exemption. in appeal against the judgment of this court delivered by a bench of which one of us was a party in r.c. no. 35/59 dated july 4, 1961, their lordships of the supreme court confirmed the judgment of this court in respect of its answer holding that the loan was a state government security, but reversed its answer ..... 1955-56 to 1961-62 respectively and concern the nature of 11/4% interest loan of o.s. rs. 41/2 crores advanced by the nizam to the then government of hyderabad. after the police action the military governor had applied to the nizam for this loan on behalf of the state of hyderabad, which was to be income-tax free. the nizam .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2004]135TAXMAN339(AP)
..... the method and manner of conduction sale of the property except section 29, which reads'application of certain provisions of income tax act.the provisions of the second and third schedules to the income tax act, 1961 (43 of 1961) and the income-tax (certificate proceedings) rules, 1962, as in force from time to time shall, as for as possible, apply ..... sale qua the property in question filed this writ petition on 27-12-1999 without resorting to the remedy provided in the second schedule to the income tax act, 1961 and income tax (certificate proceedings) rules, 1962. in the aforementioned background, we will have to notice the grounds on which the petitioners have come forward to ..... of his powers, the debt recovery officer issued auction notice which notified that the sale will take place in accordance with the second schedule to the income tax act, 1961; further notifying that the successful bidder has to deposit 25% of the bid amount within seven days and the balance on or before 16-1-1999 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(4)ALD268; [1998]233ITR678(AP)
..... by claiming that the interest on reimbursement is not a perquisite and prays for a declaration that the said letter is illegal and ultra vires the provisions of the income-tax act.3. writ petition no.26797/1997 has been filed by the trade union of the workers of bharat heavy electricals limited. it is stated that an order ..... was not causa causans of the payment, and therefore, the compensation was taxable. the context, however, is the provisions of section 156(2) of the income-tax act 1952 in england where the tax is charged on the profits and gains arising from any office or employment. but the present context is quite different as can be seen by a plain ..... in order to see whether there is any such lacuna, we have to consider the scheme of the income-tax act with reference to the deduction of tax at source. the collection and recovery of tax is governed by chapter xvii of the income tax act by way of deduction of tax at source and advance payment.33. sections 192 - 194, 194-a, b, bb, c, d .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1981]127ITR378(AP)
..... 69 ?3. whether, on the facts and in the circumstances of the case, there was compliance by the assessee with the conditions stipulated in section 11(2) of the income-tax act, 1961, for the assessment years 1966-67, 1967-68 and 1968-69?4. whether, on the facts and in the circumstances of the case, the whole or any portion ..... of the income assessed by the income-tax officer is liable to be taxed in the assessee's hands on the ground of non-fulfilment of the conditions stipulated in section 11(2) of the income-tax act, 1961, for the assessment years 1966-67 and 1968-69 ?'2. questions nos. 1 ..... following four questions have been referred to us under section 256(1) of the i.t. act for decision :'1. whether, on the facts and in the circumstances of the case, the reassessment made by the income-tax officer under section 147 of the income-tax act, 1961, for the assessment year 1966-67 is valid ?2. whether, on the facts and in the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP102; [1965]58ITR821(AP)
..... the demand against one of the partners. so conceive steps were taken against the respondent by the issue of a certificate under section 46(2) of the indian income-tax act. (3) at this stage, the respondent had invoked the jurisdiction of this court under art. 226 of the constitution raising a plea that here was not liability ..... by reason of the assessment. therefore, that ruling has no relevancy in the present context. (21) nor can the department derive any help from iqtida khan v. income-tax officer : [1961]41itr165(all) . there, the allahabad high court was concerned with a partner of a registered firm who had migrated to pakistan and was declared an evacuee. his ..... half share of the income vested in the custodian. the competent officer passed an order directing the sale of the assets of the firm and division of the sale .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1976]46CompCas46(AP); [1975]101ITR470(AP)
..... the following observation is sought to be relied on :'the rule as to priorities in section 530 of the companies act also does not seem to be a matter governed or to any extent affected by section 178 of the income-tax act, 1961, for the simple reason that the two sections deal with two different topics and, therefore, no occasion could arise ..... for the operation of the non-obstante clause contained in sub-section (6) of section 178 of the said act.'19. we have already stated that though section 178 ..... long before the 12 months next prior to the date of winding-up order as the liquidator has done.8. we have, however, to consider section 178 of the income-tax act, this section was introduced in 1962. under section 178(3) the liquidator of any company which is being wound up, whether under the order of a court or .....
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