Court : Andhra Pradesh
Reported in : [1996]219ITR458(AP)
..... of 1986 on the file of the special judge for economic offences, hyderabad, respectively, acquitting the respondents-accused of offences under section 276c and 277 of the income-tax act, 1961, and sections 193 and 196 of the indian penal code, by separate judgments dated october 31, 1991. ..... these circumstances, the trial court found that no offence under sections 276c and 277 of the income-tax act are made out. 6. ..... main ingredient of the offence under section 276 of the income-tax act is wilful attempt to conceal the income. ..... is no legal bar in giving due regard to the result of the proceedings under the income-tax act. ..... it so happened during course of examination of accounts of r-1 firm, that the income-tax officer had an occasion to go through the ledger relating to the assessment year 1977-78, wherein the sales through the commission agents relating to the year ending march 31, 1976, were found accounted during ..... the income-tax appellate tribunal deleted the penalties by holding that the revised returns were filed before any detection by the department and further held that the income-tax officer has not brought home concealment of income by r-1 firm and the orders of the tribunal have become final as no reference was filed before the high court against the findings of ..... while working out the taxable income, the firm omitted to take into account the sales made through the commission agents during the last quarter of the years 1977 and 1978 in the assessment years 1977-78 and 1978-79, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (2009)23VST573(AP)
..... authority. the provisions of section 33c are in pari materia borrowed from section 241 of the income tax act 1961 (omitted by the finance act 2001, ..... ltd. (supra) the learned bench of the gujarat high court (in a case arising under section 241 of the income tax act 1961) held that the existence of the structural conditions does not relieve the assessing authority from forming an opinion that the grant of refund is likely to adversely affect the ..... the new act ..... validity of section 241 of the income tax act, 1961 was questioned as beyond the legislative competence of the state and as conferring a power to nullify the effect of the judgment of the high court (the high court had allowed a reference holding that the apsrtc is an institution meant for the advancement of the object of general public utility not involving the carrying on of any activity for profit and therefore this income is exempted from assessment to tax under section 4(3)(i) of the old act and section 11 of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP94; 2004(1)ALD199; 2004(1)ALT417; II(2004)BC76; (2004)189CTR(AP)256
..... 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, apply with necessary modifications as if the said provisions and the rules referred to the amount of debt due under this act instead of to the income-tax:provided that any reference under the said provisions ..... income-tax (certificate proceedings) rules, 1962 have been framed by the central board of revenue in exercise of the powers conferred by section 295(1) of income-tax act, 1961 and rules 91 and 92 of the second schedule to the income-tax act. ..... we are, therefore, of the view that section 29 of the act does not enjoin upon the recovery officer, drt to follow the provisions for recovery of tax rules provided in second schedule to income-tax act, 1961 in letter and spirit but gives him discretion to follow the same as far as possible. ..... section 29 of the act makes second and third schedules to income-tax act, 1961 and the income-tax (certificate proceedings) rules, 1962 applicable to recover the amount of debt due under the act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1969]74ITR558(AP)
..... 4,50,00,000 is a security of the state government within the meaning of section 8 of the income-tax act ? ..... the statement of the case would show that these questions arose in respect of assessments for 1955-56 to 1961-62 respectively and concern the nature of 11/4% interest loan of o.s. rs. ..... 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 on the second question that the assessee was not entitled to tax free exemption. ..... basis of the judgment both of this court as well as the supreme court is on the footingthat the securities were free from tax under the indian income-tax act; otherwise, there was no point in considering whether the nizam was exempt from tax or the trust was exempt from tax, as admittedly, the hyderabad income-tax act did not apply to any income of the nizam whether from securities or otherwise during the period when he was the ruling sovereign of the state of hyderabad ..... loan is a state government security within the meaning of section 8 of the income-tax act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2004]135TAXMAN339(AP)
..... 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 with necessary modifications as if the said provisions and the rules referred to the amount of debt due under this act instead of to the income-tax :provided that any reference under the said provisions ..... income tax (certificate proceedings) rules, 1962 have been framed by the central board of revenue in exercise of the powers conferred by section 295(1) of the income tax act, 1961 and rules 91 and 92 of the second schedule to the income tax act. ..... we are, therefore, of the view that section 29 of the act does not enjoin upon the recovery officer, drt to follow the provisions for recovery of tax rules provided in second schedule to income tax act, 1961 in letter and spirit but gives him discretion to follow the same as far as possible. ..... section 29 of the act makes second and third schedules to income tax act, 1961 and the income tax (certificate proceedings) rules, 1962 applicable to recover the amount of debt due under the act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(4)ALD268; [1998]233ITR678(AP)
..... 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. ..... ') informed the chief commissioner of income-tax, hyderabad that where the employer directly bears a part of the interest burden of the employees by reimbursing a portion of the interest payable by the employee in respect of building loans, such reimbursement is taxable as income from 'salaries' under section 17(2)(iii) of the income-tax act. ..... in the circumstances there shall be a direction to the respondents not to treat the interest subsidy as a perquisite while deducting the tax at source in respect of income under the head 'salaries' under section 192 of the income-tax act.47. ..... but in respect of other similarly placed employees of public sector undertakings, action has been taken under section 201 against the employers for failing to treat the interest subsidy as perquisite while deducting the tax at source in the case of ecil a revision has been allowed by the commissioner of income-tax, whereas in the case of bhel, an appeal was dismissed by the commissioner (appeals) and it is stated that a second appeal was also dismissed by flic appellate tribunal.is interest subsidy .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1981]127ITR378(AP)
..... 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. ..... on the facts and in the circumstances of the case, the income as per the books of the trust has to be considered for the purposes of section 11 of the income-tax act, 1961, for the assessment years 1966-67, 1967-68 and 1968-69 ?3. ..... 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. ..... 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. ..... (4) for the purposes of this section 'property held under trust' includes a business undertaking so held, and where a claim is made that the income of any such undertaking shall not be included in the total income of the persons in receipt thereof, the income-tax officer shall have power to determine the income of such undertaking in accordance with the provisions of this act relating to assessment ; and where any income so determined is in excess of the income as shown in the accounts of the undertaking, such excess shall .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP102; [1965]58ITR821(AP)
..... appeal against the order of justice jagmohan reddy accepting a petition of the respondent for the issuance of a writ of mandamus to prevent the income-tax authorities from collecting the tax pursuant to a certificate issued under section 46(2) of the income-tax act. ..... of the partners, defaulted to pay tax within the prescribed time and so a penalty was imposed on him under section 46(1) of the indian income-tax act. ..... taken against the respondent by the issue of a certificate under section 46(2) of the indian income-tax act. ..... concerned recites : 'notwithstanding anything contained in the foregoing sub-sections, when the assessee is a firm and total income of the firm has been assessed, under sub-section (1), sub-section (3) or sub-section (4), as the case may be (a) in the case of a registered firm, (i) the income-tax payable by the firm itself shall be determined ; and (ii) the total income of each partner of the firm including therein his share of its income, profits and gains of the previous year, shall be assessed ..... ' (13) that it is only the tax as computed under the assessment that could be collected from the partners can be gathered from section 29 of the act which postulates : 'when any tax, penalty or interest is due in consequence of any order passed under or in pursuance of this act, the income-tax officer shall serve upon the assessee or other person liable to pay such tax, penalty or interest a notice of demand in the prescribed form specifying ..... income-tax officer : [1961 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1990]186ITR9(AP)
..... (all) , a division bench of the allahabad high court held as follows (headnote) : 'a perusal of section 273a(1) of the income-tax act, 1961, shows that the commissioner is enabled to exercise his discretion to reduce or waive a penalty imposed or imposable under section 271(1)(a) for late filling of the return, if he following conditions exist : (i) the assessee has voluntarily made a disclosure of his income before any notice under section 139(2) of the act had been served upon him; (ii) the disclosure should have been a full ..... and true disclosure of the assessee's income made in good faith, and (iii) the assessee ..... on september 11, 1980, the staff of the income tax department conducted a survey operation under section 133a of the income-tax act, 1961, hereinafter referred to as 'the act'. ..... i would have accepted a pointed, specific and forceful plea if the arguments based on the explanation had been highlighted before the commissioner and yet he had omitted to discuss it in the order. .....
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 of the income-tax act may not speak of any priority, we find it difficult to agree with the view that section 178 of the income-tax act and section 530 of the companies act deal with two different topics. ..... now, if section 530(1)(a) of the companies act is in any manner contrary to the provisions of section 178 of the income-tax act, then according to sub-section (6) of section 178, the said section will have overriding effect. ..... while section 530(1)(a) of the companies act restricts the preferential claim to tax due and payable within 12 months next before the winding-up order, section 178 of the income-tax act puts no such restriction on the claim, preferential or otherwise, in regard to the amount of tax due from the company in liquidation. ..... the section casts a statutory obligation on the liquidator to set aside the notified amount at the pain of his being held personally liable if he omits to so set aside the amount. .....
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