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Commissioner of Income Tax, A.P.-i, Hyderabad Vs. Bakelite Hylam Ltd., ...

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 .....

The Chief Commissioner of Income Tax, Income Tax Department, Visakhapa ...

Court : Andhra Pradesh

..... recovery would be taken in accordance with sections 222 to 229, 231 and 232 of the income- tax act. apbcl made an application to the deputy commissioner of income tax, under section 220(6) of the income tax act, requesting him to stay recovery of the tax demand of rs.1468.64 crores. by his order dated 12.02.2015, the deputy ..... on the issue of privilege fee, special privilege fee etc, had been made by the department during the scrutiny assessment proceedings under section 143(3) of the income tax act; and, hence, the deduction claimed under the head privilege fee ?, special privilege fee etc could not be treated as incidental expenses nor did it pertain to manufacturing ..... the subject stocks, should be examined on its merits or they should be relegated to the statutory remedy available to them under the second schedule to the income-tax act, are matters to be examined when the writ petitions are finally heard. while sri s.ravi, learned senior counsel, and sri k.vivek reddy, learned .....

Commissioner of Income Tax Vs. Tirumala Tirupati Devasthanam Co-operat ...

Court : Andhra Pradesh

Reported in : (1998)148CTR(AP)91

..... are business profits and not statutory profits. they are real profits and not notional profits. the real profit of a businessman under section 10(1) of the income tax act cannot obviously include the amounts returned by him by way of rebate to the consumers under statutory compulsion. it is as if he received only from the consumers ..... here italicised in print, supplied).after considering various judgment, this court was led to observe that the income-tax was a tax on the real income, i.e., the profit arrived at on commercial principles subject to the provisions of the income tax act. the real profit could be ascertained only by making the permissible deductions.there was a clear-cut ..... ) the supreme court has reiterated the view after quoting the following passage from poona electricity supply company.'under section 10(1) of the income tax act, tax shall be payable by an assessee under the head profits and gains of business in respect of profits and gains of any business carried on .....

Parimisetti Seetharamamma Vs. Commissioner of Income-tax, Andhra Prade ...

Court : Andhra Pradesh

Reported in : [1963]50ITR450(AP)

..... , learned counsel sought to distinguish an original assessment from a reassessment made under section 34 of the income-tax act. in support of his submission he cited to us commissioner of income-tax v. manohar and lakshman shenoy v. income-tax officer. we do not think that neither of these two decisions comes to the rescue of the ..... in any event, the department has to establish that these payments were 'profits or gains' within the ambit of section 7 of the income-tax act and as such were exigible to tax. it is argued by sri ananta babu, learned counsel for the petitioner, that there is a vital difference between an assessment made under ..... made by persons who were acquainted with the assessee and certain documents, he initiated proceedings under section 34 of the indian income-tax act. before issuing the notice under section 34, the proper income-tax officer called upon the assessee to give particulars about several matters contained therein and bearing upon the amounts received by her from .....

The Commissioner of Income Tax, Andhra Pradesh, Hyderabad Vs. Rayalase ...

Court : Andhra Pradesh

Reported in : [1970]78ITR682(AP)

..... in view of the inflated figures of purchase prices given to explain cash balance in the suspense account of the assess-firm. the income tax officer, proceeded to levy penalty under section 28 (1) (c) of the act and levied a penalty of rs. 23,000/-. on appeal the appellant assistant commissioner confirmed the order,. but on further appeal by ..... question refered to us we have to take note of the fact that the eight instances of purchases by the assess-firm which disclosed inflated prices noted by the income tax officer were scruitinised by the appellate tribunal and were found to be not correct. in regard to each item it gave detailed reasons for holding that the purchase ..... imposition of penalty under section 28 (1) (c) of the act, is a matter which must defend on the facts and circumstances of each case. in to instant case the tribunal on a review of the evidence found that one of the two grounds mentioned by the income tax authorities for imposing the penalty was not correct and came to .....

Mullapudi Venkatarayudu Vs. Union of India (Uoi)

Court : Andhra Pradesh

Reported in : [1975]99ITR448(AP)

..... with 30th september, 1958. the petitioner had been submitting the returns inpursuance of notices issued under section 22(2) of the indian income-tax act, 1922. the income-tax act of 1961 (hereinafter referred to as 'the act') came into force from the 1st april, 1962, and the petitioner submitted his return pursuant to a notice issued by the ..... income-tax officer under section 139(2) of the act. no return was filed by the petitioner under section 139(2) of the act and no action was taken by the income-tax ..... assessee from his liability under sub-section (1).28. the learned counsel for the petitioner brought to our notice the provisions of section 22 of the indian income-tax act, 1922. by sub-section (1) of that section, provision was made for publication in the press and in the prescribed manner of a notice before the .....

Commissioner of Income-tax Vs. Rama Bai

Court : Andhra Pradesh

Reported in : (1991)94CTR(AP)93; [1991]190ITR342(AP)

..... .1. the following question of law has been referred by the income-tax appellate tribunal under section 256(1) of the income-tax act, 1961, for the decision of this court : 'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in holding that the reassessment proceedings initiated by the income-tax officer in this case were not valid in law ?' the ..... of the reversal or modification of the judgment subsequently by the supreme court. 5. the expression 'reason to believe' occurring to section 34 of the old income-tax act (1922) corresponding to section 147(a) of the 1961 act was interpreted by the supreme court in sheo nath singh v. aac of i.t. : [1971]82itr147(sc) . the supreme court observed (p. 153) : 'there can .....

Andhra Pradesh State Road Transport Corporation Vs. Income-tax Officer ...

Court : Andhra Pradesh

Reported in : [1963]47ITR101(AP)

..... , general as well as the questions of conflict or repugnancy between the income-tax act and the road transport corporations act, we hold that the income of the road transport corporations is liable under the income-tax act.on the question whether the income-tax officer was justified in refusing to deduct interest payable to the government on ..... employees bonuses, dourness allowances or to provide other amenities, but that is no concern of the income-tax act. all that the income-tax act is concerned with the provisions of that act or the provisions of the finance act passed each year amending the provisions relating to such matters. in this view, the provisions ..... attracting the immunity under article 289 of the constitution, or as the provisions of the road transport corporations act are repugnant to the income-tax act, to the extent of that repugnance, the income-tax act should be deemed to have been impliedly repealed and therefore inapplicable to this corporation.the argument of the .....

Cit Vs. Nizam Sugar Factory Ltd

Court : Andhra Pradesh

Reported in : (2002)173CTR(AP)136; [2001]253ITR68(AP)

..... the appellate assistant commissioner and referred the following question directly to the apex court under section 257 of the income tax act, 1961 (page 197) :'whether, on the facts and in the circumstances of the case, the income tax appellate tribunal was correct in holding that the sum of rs. 46,460 transferred to the contingencies reserve ..... which the assessee has lost its domain, cannot be considered as a part of its real income or its profit. it is, therefore, required to be excluded under section 28 of the income tax act, 1961, for the purpose of calculation of income.'the bombay high court while arriving at the above decision, considered the following decisions rendered by ..... reddy, j. r. c. no. 256 of 1991 :at the instance of the revenue, the income tax appellate tribunal, hyderabad bench-a, hyderabad, referred the following questions under section 256(2) of the income tax act, 1961 (hereinafter referred to as 'the act') arising out of its order dated 27-2-1982, in i.t.a. nos. 243 and .....

The State of Andhra Pradesh Vs. the Firm of Illur Subbayya Chetty and ...

Court : Andhra Pradesh

Reported in : AIR1961AP512; [1961]12STC257(AP)

..... were these: raleigh investment co. ltd., brought an action on the original side of the high court of calcutta claiming a declaration that certain provisions of the indian income tax act, 1922 as amended in 1933 on which the assessment was based were ultra vires and as such the assessment was illegal, for repayment of the amount paid under ..... so far as it debarred the question of ultra vires being debated, fell within the competence of the legislature. in their lordships' view, it is clear that the income tax act, 1922, as it stood at the relevant date, did give the assessee the right effectively to raise in relation to an assessment made upon him the question whether or ..... it cannot be doubted that included in the questions of law which might be raised by a case stated is any question as to the validity of any taxing provision in the income tax act to which effect has been given in the assessment under review. any decision of the high court upon that question of law can be reviewed on appeal. .....