Court : Andhra Pradesh
Reported in : [1991]189ITR31(AP)
..... . no. 149 of 1977 in i.p. no. 4 of 1976 was filed by the tax recovery officer income-tax department visakhapatnam. under rule 16(1) of schedule ii of the income-tax act 1961 and section 151 of the code of civil procedure and section 4 of the provincial insolvency act for permission to the petitioner to proceed with the attachment and sale of all the properties ..... to the insolvency petition in accordance with the procedure laid down in the second schedule to the income-tax act, 1961. this petition also was contested and the learned subordinate judge permitted the tax recovery officer to proceed further with the matter and sell the property and recover the tax arrears due to the department. against that order, a.s. no. 86 of 1980 was filed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1988)73CTR(AP)44; [1989]175ITR313(AP)
..... j.1. two questions are referred for our opinion under section 256(1) of the income-tax act, 1961. they are : '(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, was barred by limitation and, therefore, not valid in law and (2) whether, on ..... contends, the amount must be held to have been received in the previous year relevant to the assessment year 1961-62. we do not find it possible to agree. the expression 'previous year' is defined in section 3 of the income-tax act, 1961. only clauses (a) and (b) are relevant for our purpose which read as follows : '3. ..... (1) for the purpose of this act, 'previous year' means - (a) the financial year immediately preceding the assessment year; or (b) .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1988]171ITR541(AP)
..... . the following two questions are referred under section 256(1) of the income-tax act : '1. whether, on the facts and in the circumstances of the case, the assessee was the owner within the meaning of section 22 of the income-tax act, 1961, relating to the properties sold to outsiders in respect of which full sale ..... consideration was received and possession was handed over but formal deeds of conveyance executed subsequent to the accounting year relevant to the assessment year under consideration 2. whether, on the facts and in the circumstances of the case, the assessee was liable to be taxed ..... as owner under section 22 of the income-tax act in respect of the properties handed over to various sahebzadas by firmans without executing proper deeds of conveyance ?' 2. the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1990)86CTR(AP)57; [1990]184ITR47(AP)
..... the presence of mens rea, a bad motive and a guilty mind. in the absence of this, no conviction shall follow the prosecution under section 276cc of the income-tax act, there is a clear explanation given by a-3 that he was not conversant with the preparation of the profit and loss account and the balance-sheet. equally so ..... legislature is that the penalty should serve as a deterrent. 5. it is thus in rare and exceptional cases where penalty under section 271(1)(a) of the income-tax act is found to be not sufficiently deterrent and that mens rea was present that conviction under section 276cc is called for and not otherwise. in the instant case. the ..... j. 1. these three appeals are directed against the order of acquittal of respondents nos. 1 to 5. the income-tax department prosecuted the respondents for an offence under section 139(1) read with section 276cc of the income-tax act on the ground that there was wildful failure in the submission of return by the due date. since the said default .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]110CompCas58(AP); [2002]254ITR750(AP)
..... respondent entered appearance and filed its counter, wherein it is stated that the assistant commissioner of income-tax, central circle-3, hyderabad, issued a notice dated february 17, 1998, purported to be one under section 226(3) of the income-tax act, 1961, calling upon the respondent-company to remit the amount due and payable to the company in ..... assessee, who happens to hold the amounts belonging and payable to such assessee. though the proceedings under sub-section (3) of section 226 of the income-tax act in fact are initiated against a third party, in substance, they are proceedings against the assessee, in the present case happened to be the company in ..... the leave of this court as stipulated under section 446(1) of the companies act. (ii) whether the order under section 226(3) of the income-tax act issued by the assistant commissioner of income-tax, dated february 17, 1998, would entitle the income-tax department to enforce that order against the debtor of the company on the ground .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1988]68STC80(AP)
..... assessee is not bound to pay the whole or any part of the above sales tax provided in its accounts, it would be open to the authorities to tax the extent of sales tax ceasing as a liability under section 41 of the income-tax act, 1961. our attention has been invited to the decision of this court in the above regard ..... it is further submitted that the petitioner is willing to offer for assessment the sum allowed as deduction in its income-tax assessment for the year 1983-84 in view of the provisions contained in section 41 of the income-tax act. 7. we find considerable force in the submission of the learned counsel for the petitioner. there is statutory ..... basis. 9. a copy of this order shall be endorsed to the commissioner of income-tax, a.p., hyderabad, who will communicate the same to the concerned income-tax officer for the purpose of ensuring the assessment of the sum under section 41 of the income-tax act in the relevant assessment. 10. the writ petition is disposed of with the aforesaid .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1987]168ITR266(AP)
..... therefore, the sale of property situated at yanam by the 1st respondent is without jurisdiction and void; (ii) the notice under rule 2 of schedule ii to the income-tax act was issued by the 1st respondent. inasmuch as he has no jurisdiction over yanam, the said notice is bad. accordingly, all the proceedings taken subsequent and pursuant to the ..... . 8. in so far as the second contention is concerned, we may add that notice contemplated by rule 2 of schedule ii to the income-tax act is the notice issued by the tax recovery officer to the defaulter calling upon him to pay the amount specified in the certificate within 15 days from the date of service of the ..... 9. now, coming to the third contention, it is based upon rule 118 of the income tax rules read with section 156 and sub-section (2) of the section 220 of the income-tax act. rule 118(1) says that where the tax has fallen due, the income-tax officer shall calculate the interest payable under sub-section (2) of section 220 at the end .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]253ITR68(AP); [2002]120TAXMAN378(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 ..... reddy, j.1. 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 as 'the act'), arising out of its order dated february 27, 1982, in i. t. a. nos. 243 and ..... 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.'17. the bombay high court while arriving at the above decision, considered the following decisions .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP631
..... is not a pure question of law. we have no material as to whether the orders of assessment were subjected to appeals and reference under section 66 of the income-tax act and when they became final. this requires investigation and there is no material upon which this could be disposed of. 7. in the result, the appeals are dismissed ..... belonging to the assessee are available. 6. lastly, mr. suryanarayana murthy sought to raise a point of limitation. his argument is that since section 46 of the indian income-tax act prescribes a period of one year the application ought to have been dismissed as these applications have been filed beyond one year. it is not necessary to consider the validity ..... p. c. for obtaining a decree for a debt due to it. there was also another plea that the assessments being under section 23 clause 4 of the income-tax act to the best judgment and not being on merits, it was in the nature of a penalty arising out of the misdeeds of the second respondent and consequently the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1994(2)ALT240; [1993]202ITR145(AP)
..... the assessee was to be given the right to claim interest under section 214 of the income-tax act, 1961. section 214 of the income-tax act has to be read along with section 218 of the act. under section 218 of the income-tax act, if the instalment of advance tax was not paid by the specified date, the assessee shall be deemed to be an ..... parvatha rao, j. 1. the sole question in this referred case referred for the decision of this court under sub-section (1) of section 256 of the income-tax act, 1961 (hereinafter referred to as 'the act'), at the instance of the assessee, i.e., messrs. bakelite hylam ltd., hyderabad, is : 'whether, on the facts and in the circumstances of the ..... holding that the assessee was not entitled to interest under section 214 of the income-tax act, 1961, on rs. 4,29,219 which was the excess amount of tax paid in the financial year 1971-72 (relevant to the assessment year 1972-73) over the tax determined on regular assessment for the assessment year 1972-73 ?' 2. it is .....
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