Court : Andhra Pradesh
Reported in : [1956]30ITR286(AP)
..... law but could only be decided after a full investigation of all facts and, therefore, referred the case back to the commissioner under section 66(4) of the income-tax act. at page 558, the learned judges observed 'in some cases it might be payment of rent in advance and in other cases it might well be a lump ..... mistake in the cause title and that the appeal was in substance presented by the legal representative herself through her power of attorney agent. section 33 of the indian income-tax act governs the right of appeal from the order passed by the appellate assistant commissioner. under that section, an assessee objecting to an order passed by an appellate assistant ..... order is communicated to him. 'assessee' is defined under the act to mean a person by whom income-tax or any other sum of money is payable under this act and includes every person in respect of whom any proceeding under this act has been taken for the assessment of his income or of the loss sustained by him or of the amount .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1956]30ITR593(AP)
..... the companys current or accumulated profits and a company cannot pay dividends otherwise that out of such profits. under section 16(2) of the income-tax act, a dividend is deemed to be the shareholders income of the year in which it is paid, credited or distributed regardless of when the profits out of which the dividend is paid were ..... taxable entity. the company pays tax in discharge of its own liability and not on behalf of or as agent for the shareholders. the shareholder himself is ..... earned by the company. a company is a corporate body distinct from the shareholders and, under the income-tax act, is chargeable to tax on its profits as a distinct .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1957]8STC61(AP)
..... sold gunny bags for profit, he cannot be said to be carrying on business or trade in gunny bags and is therefore not a dealer as defined in the sales tax act, we may observe that to be a dealer, the test is not whether the assessee gets profit or loss but it is the object with which he carries on ..... have been excluded from it. this case does not help the assessee because in our view also, as we have already stated, goods for purposes of the hyderabad general sales tax act is any property visible, tangible, corporeal or movable. the patna high court in the above case was distinguishing tangible corporeal property as against an abstract right as 'loom hours' ..... be levied on steam, it was submitted that since steam is not a tangible corporeal goods, it cannot come within the definition of goods under the general sales tax act and hence no tax can be levied. the word 'goods' has been defined by clause (g) of section 2 to mean.'all kinds of movable property other than actionable claims, stocks .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1956]7STC482(AP)
..... . the decisions, however, have given a much wider interpretation to the expressions 'agriculture' and 'agricultural income' occurring in section 2 of the income-tax act. see commissioner of income-tax v. sundara mudaliar `6). even for purposes of the income-tax act income from forests derived by sale of wood or trees or other produce has been held not to be agricultural ..... income, mustafa ali khan v. commissioner of income-tax (1948 16 i.t.r. 330; a.i.r. 1949 ..... of income-tax, madras v. manavedan (1930 i.l.r. 54 mad. 21). the juxtaposition of the words 'agricultural' and 'horticultural' and the reference to the 'produce grown' in the proviso to section 2(i) of the act indicate that what is exempted from the 'turnover' by the proviso is the produce of land .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1956]7STC568(AP)
..... the assessees are licensed dealers carrying on business in hides and skins in the state and are not exempt from taxation under section 3(3) of the act. the tax is sought to be levied on them as the last dealers who bought untanned hides and skins in the state on the amounts for which they were bought ..... his purchase turnover. there is nothing illegal therefore in making the purchase turnover taxable under the rules.9. it was argued that the act being a taxing statute should be construed strictly and where the tax has not been levied in clear and unmistakable terms, the benefit of doubt should be given to the taxpayer. in our opinion, if ..... j.1. the question that arises in these cases relates to the levy of sales tax in respect of transactions in untanned hides and skins under the madras general sales tax act and the turnover and assessment rules made thereunder, hereinafter referred to as 'the act' and 'the rules' respectively.2. untanned hides and skins purchased by licensed dealers within .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1956]30ITR726(AP)
..... have the effect of making the order in a reference case, 'a judgment'. the word 'judgment' occurring in section 66 of the indian income-tax act, or in section 82 of the hyderabad income-tax act, is used to indicate an opinion or advice on a legal question referred to it and under sub-section (5) of the said sections ..... the supreme court.5. the learned advocate for the assessee, however, submits that in the several cases decided by us both under the hyderabad excess profits tax act and the hyderabad income-tax act we had not considered the effect of clause 23 of the adaptation of laws order, 1950, issued by the president on 26th january, 1950, which inter ..... confer a right of appeal to the supreme court.4. we had in certain cases arising under the excess profits tax act and, at any rate, in one case arising under the hyderabad income-tax act, viz. commissioner of income-tax v. baliram santoba, observed that so far as appeals pending before the judicial committee at the time of enforcement of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1956]7STC486(AP)
..... part of the drying process, he did not go to the extent of contending that the material lost its character as movable property. when the provisions of the sales tax act clearly apply, there is really no scope for exempting them on some hypothetical considerations.'8. in the present case, as in that case, the packing materials were ..... . the only question therefore is whether the assessee is a 'dealer' and whether there is a 'sale' as defined in section 2(h) of the madras general sales tax act. under section 2(b), 'dealer' means any person who carries on the business of buying or selling goods. 'sale' is defined in section 2(h) thus :''sale ..... m. r. hornibrook (pty) ltd. v. federal commissioner of taxation (62 c.l.r. 272) and certain other rulings in australia. the sales tax (assessment) acts, 1930-36, lay the tax on goods manufactured or imported into australia granting exemptions for some building materials and these cases may not be fully apposite. but there is a clear statement that .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1956]30ITR252(AP)
..... -13-0 was imposed on them. notice of demand was sent to them on 6th october, 1951. the petitioners made an application to the income-tax officer under section 27 of the income-tax act for cancellation of the assessment. on 17th november, 1951, that was dismissed and an appeal was taken to the appellate assistant commissioner. in may ..... by the judicial committee in alcock, ashdown & company ltd. v. chief revenue authority, bombay, where, interpreting the word 'may' in section 51 of the indian income tax act, 1918, empowering the commissioner to state a case to the high court, lord phillimore observed :'and as the learned counsel for the respondent rightly urged, may does not ..... the words 'shall' and 'may' found in legislative enactmens has been the subject of constant and conflicting interpretation by the courts. section 45 of the income-tax act in which both these words are found, has been brought into the arena of this controversy and is interpretation has been the subject of a difference of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1956]7STC560(AP)
..... construction of statutes, page 506). the same principle has been laid down by a division bench of the madras high court in p.a. raju chettiar & brothers v. commissioner of income-tax (1949 17 i.t.r. 51; i.l.r. 1949 mad. 644), where rajamannar, c.j., and yahya ali, j., observed thus :'it is manifest, therefore, that section ..... referred to a full bench :-'whether the deduction referred to in sub-rule (2) of rule 18 of the turnover and assessment rules framed under the madras general sales tax act is conditional upon the assessee complying with the requirement contained in sub-rule (3) of that rule.'opinion of the full bench the opinion of the full bench was ..... has been referred to us :'whether the deduction referred to in sub-rule (2) of rule 18 of the turnover and assessment rules framed under the madras general sales tax act is conditional upon the assessee complying with the requirement contained in sub-rule (3) of that rule ?'2. the answer to this question depends on the construction of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1957]32ITR728(AP)
..... subba rao, c.j.1. pursuant to a requisition made by the high court under section 66(2) of the indian income-tax act, hereinafter referred to as the act, the income-tax appellate tribunal, bombay, submitted the following question ' whether on the facts and in the circumstances of this case the assessee would be entitled to claim the loss ..... to the assessee on 12th september, 1947, under section 34 read with section 22(2) of the income-tax act. the assessee filed a return on 28th october, 1947, declaring an income of rs. 3, 130-90, but it turned out that the income related only to the assessment year 1947-48. at the time of the enquiry he filed another return ..... asserted that he filed a return, it was found that he did not. he did not also file any return for the assessment year 1946-47. but the income-tax officer, acting on information furnished by the excise department to the effect that the assessee had made considerable profits from arrack shops bid by him during the year, issued a .....
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