Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : 195426ITR608(Hyd.)
..... the said rules is authorised to receive memoranda of appeals and applications presented to the tribunal.after the application of the indian income-tax act to the state of hyderabad, the president of the income-tax appellate tribunal issued standing order no. 1 of 1950 made in pursuance of rule 4 of the appellate tribunal rules, vesting ..... the bombay bench with jurisdiction for the state of hyderabad to hear appeals and applications under the income-tax act as and from 1st april, 1950. from the foregoing it is clear that the registrar at bombay was authorised to receive applications and memoranda of appeals ..... there is no force in the contention of counsel for the assessee that since the assessment was being made under the hyderabad income-tax act, the registrar appointed thereunder as registrar for the income-tax appellate tribunal should be deemed to be the proper receiving authority. once jurisdiction has been vested in the tribunal constituted under .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : 195425ITR258(Hyd.)
..... of sub-section (4) of the section 24 (corresponding to section 18(3a) of the indian income-tax act) so as to attract the provisions of section 24(12) of the hyderabad income-tax act (corresponding to section 18(7) of the indian income-tax act). the learned advocate for the department has urged on the analogy of the definition of the word "paid ..... 12. the answer to this question will depend upon the provisions of section 24(4). section 24(4) which corresponds to section 18 (3a) of the indian income-tax act in so far as it relevant is as follows :- "any person responsible for paying to a person not resident in h.e.h.the niazams dominions any ..... the non-residents, but only credited it to their accounts. the appellate assistant commissioner dismissed the appeal observing, "according to section 12(5) of the hyderabad income-tax act paid means actually paid or incurred according to the method of accounting upon the basis of which profits or gains are computed under this section." a further fact .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : 195425ITR309(Hyd.)
..... wider significance going beyond the scope of sub-section (i) of section 24 and as such loesses incurred either in an indian state (or under the hyderabad income-tax act in india or pakistan) shall not be set off except against profits or gains according or arising within any native state (or india or pakistan as the case ..... by the allahabad decision cited above, but with section 4(1). under section 3 of the indian income-tax act (section 3 of the hyderabad income-tax act) an assessee is to be charged subject to the provisions of the act in respect of the total income of the previous year at a rate current for the year of assessment. section 2(15) ..... to us, with great respect, that the above observations are not based upon a full appreciation of the scheme of taxation set out under the indian income-tax act and the distinction created by the said act between a "resident and ordinarily resident," "resident but not ordinarily resident" and a "non-resident" assessee. in our view, section 14(2)(c .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : 195425ITR226(Hyd.)
..... any expenditure laid out or expended wholly and exclusively for the purpose of such business provided it is not his personal expense or capital expenditure. the income-tax act does not expressly define what it meant by "capital expenditure" and what would be regarded as "revenue expenditure". in the english statute the phrase " ..... of the nature of the payments made by the assessee under the two documents mentioned. section 10, sub-section (2), clause (xv), of the indian income-tax act allows certain deduction. the section reads as follows :- "any expenditure (not being in the nature of capital expenditure or personal expenses of the assessee) ..... claimed that this amount should be regarded as revenue expenditure to be deducted for the purpose of assessing the income under section 10, sun-section (2) clause (xv), of the indian income-tax act, the income-tax officer and the appellate assistant commissioner, disallowed the amount claimed for the years 1357f and 1358f respectively treating them .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : 195426ITR612(Hyd.)
..... standing order no. 1 of 1st april, 1950, vesting the bombay tribunal with jurisdiction to hear appeals under the hyderabad income-tax act as from 1st april, 1950. the rules relevant for purposes of this application are rules 7, 8 and 36, which are as under : "7(1). a ..... refer to the high court any question of law arising out of its order.sub-section (1) of section 82 of the hyderabad income-tax act [corresponding to sub-section (1) of section 66 of the indian income-tax act] provides :- "within sixty days of the date on which he is served with notice of an order under sub-section (4) ..... powers conferred under sub-section (8) of section 5a of the indian income-tax act made certain rules which have later been applied to appeals under the hyderabad income-tax act also. after the fiscal integration of hyderabad state with the union of india, the president of the income-tax tribunal in pursuance of rule 4 of the appellate tribunal rules issued .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : 195629ITR210(Hyd.)
..... by the assessee founded upon this argument before the appellate tribunal in a appeal. under sub-section (1) of section 66 of the indian income-tax act, an assessee or the commissioner of income-tax can by application require the tribunal to refer a case to the high court on any question of law arising out of an order of the ..... has been vested with the power to make orders with retrospective effect, it is necessary to look into the content of the power in section 60a of the indian income-tax act which is in the following words : "if the central government considers it necessary or expedient, so to do for avoiding any hardship or anomaly, or removing any ..... december 12, 1952, and held that the depreciation calculated under section 12(5)(c)(i) is not the depreciation which is actually allowed to the assessee under the hyderabad income-tax act. the words used in paragraph 2 of the taxation laws (part b states)(removal of difficulties) order, 1950, are "actually allowed" and in the view the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : 195629ITR449(Hyd.)
..... to pay to one mohamed yakoob through whose good offices he procured the loan as an item of expense deductible under section 12 of the hyderabad income-tax act, corresponding to section 10 of the indian income-tax act.the income-tax officer disallowed this contention, but the appellate assistant commissioner allowed a sum of rs. 5,000 towards interest and a sum of rs. 5, ..... for the trade.on an interpretation of the provision or fule (3) of cases 1 and 2 of schedule d corresponding to section 12(2)(xv) of the hyderabad income-tax act, it was held in british sugar manufacturing, ltd. v.harris, that such an amount was money wholly and exclusively laid out for the purpose of the trade. reference ..... carried forward in accordance with the provisions of section section 31(5)(a) and 31(6) correspond to section 23(5)(a) and 23(6) of the indian income-tax act and are set out as under : "31. (5) notwithstanding anything contained in the foregoing sub-section when the assessed is a firm and the total .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : 195629ITR443(Hyd.)
..... his stocks previously, he is entitled to adopt one of the method for the purposes of his first assessement on the enforment of the hyderabad income-tax act. if this were not so and the income-tax officer was given the option to value the stocks at cost price, there could be no question of the assessee ever having a right to ..... he had not valued his cotton stock, nor was profit and loss determined even for that period and seems to have escaped assessment. on the introduction of the indian income-tax act, the assessee in order to ascertian his profit and loss from cotton business valued his closing stock prior to the year of account at the market value and showed opening ..... the provision of the said law with respect to this matter being analogous will equally apply to a case of a similar nature arising under the hyderabad income-tax act. it is not doubt true that vithal reddy ranga reddys case was one where the assessee, who was regularly valuing his opening and closing stocks at cost price, .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : 195629ITR206(Hyd.)
..... to paragraph 2 of the taxation laws (part b states) (removal of difficulties) order, 1950, purporting to have been made under section 60a of the indian income-tax act is valid in law (2) if the answer to question no. 1 is in the affirmation, whether the central government had the power to pass an order with ..... in the indian income-tax act, and the question was whether the value of the assets should be written down under the hyderabad income-tax act and depreciation allowed on the value under section 10(2)(vi) of the indian income-tax act. this contention was sought to be supported by the provisions ..... cost of the assets acquired 40 years earlier. prior to the assessment year 1950-51 when the indian income-tax act was applied to all part b states including the hyderabad state, there was in existence the hyderabad income-tax act, under which depreciation was allowed on the written down value of the assets. no corresponding provision existed .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : 195630ITR817(Hyd.)
..... . the assessee further appealed the minister-in-change who transferred the appeal for disposal to a judge of this court designated as income-tax commissioner under section 33(7) of the income-tax act. the learned income-tax commissioner over set the order of the appellate officer and directed the registration of the firm under section 26a. the minister-in charge ..... exercises the powers of the minister-in-charge for the purpose of the appeal transferred to him, then the provisions of section 66 of the income-tax act would give rise to anomalous results which could not be the intention of the legislature. in that event it will only be the minister-in- ..... true construction of the partnership deed dated the 2nd phagan, 2006, and in the circumstances and facts of the case the income-tax commissioner was right in law in allowing registration and renewal of registration under section 26a of the income-tax act, 2007." messrs. pran nath om prakash filed their return for s. 2006-7 and 2007-8 before the .....
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