Court : Andhra Pradesh
Reported in : [1985]151ITR562(AP)
..... : '(1) whether the return filed by the assessee on april 2, 1964, along with the refund application was one filed under section 139(1) of the income-tax act (2) even if it is assumed that the return filed by the assessee along with the refund application commences assessment proceedings, whether the proceedings should be treated to ..... formulating the question : whether, on the facts and in the circumstances of the case, the order of reassessment made by the income-tax officer for the assessment year 1962-63 under s. 147 of the income-tax act is valid in law 10. regarding the return, the vice-president took the view that a return required to be filed ..... filed an application for refund under s. 237 of the act on april 2, 1964, for the assessment year 1962-63 claiming refund. accompanying the refund application, a return disclosing nil income for that year was filed. the assessee was not previously assessed to income-tax and, hence, nil income was stated in the return. 13. the learned standing .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(6)ALD372; [1999]237ITR392(AP)
..... , j. 1. this itc is filed under section 256(2) of the income tax act, 1961 against the decision of the income tax appellate tribunal, hyderabad 'b' bench in ra no.3817hyd/94 dated 23-1-1995, by the commissioner of income tax, andhra pradesh-i, hyderabad, seeking a direction from this court to the income tax appellate tribunal (for short 'the tribunal') to state the case and refer the ..... would be appropriate to refer to the provisions contemplated under section 143 of the income tax act, 1961.9. section 143(1)(a) of the act provides for completing assessment which is a provisional 'assessment by the assessing authority even with minor modifications in the returned income.10. section 143(2) of the act further provides as under:'where a return has been made under section 139 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1990]186ITR226(AP)
..... appreciating the points arising in the case, it is necessary to state the following facts. 3. a search operation was conducted by the income-tax authorities under section 132 of the income-tax act, 1961 (hereinafter called 'the act'), on september 26, 1986, at the premises, house no. 6-3-629/1, ravindernagar, khairatabad, hyderabad, belonging to the petitioner's ..... learned counsel before us in support of this contention. 7. on the other hand, it has been contended by learned standing counsel for income-tax, sri m. suryanarayana murthy, that the income-tax act, 1961, is a complete code in itself and provides for payment of interest in various contingencies. inasmuch as it does not provide for payment of ..... been raised, it is not necessary for us to go into this aspect of the matter. 10. we shall now deal with the position under the income-tax act, 1961, and briefly refer to the statutory provisions. it is to be seen that section 132 deals with the powers and procedure 'for search and seizure'. .....
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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