Court : Andhra Pradesh
Reported in : (1985)46CTR(AP)38; [1985]151ITR308(AP)
..... to make a few observations. section 64 contains provisions intended to check tax avoidance by persons through diversion of income to the members of their family. prior to the taxation laws (amendment) act, 1975, the provisions of s. 64 dealt with the inclusion of income arising to a minor child from a partnership firm of which the assessee himself is a ..... the income arising to a minor child admitted to the benefits of a partnership in a firm of which the parent was not a partner. to plug the loophole, the taxation laws (amendment) act, 1975, introduced s. 64(1)(iii) with effect from april 1, 1976, that is to say, with effect from the assessment year 1976-77. we have already ..... a accept that return under s. 143(1) of the act and no further proceedings will ensue. 9. whatever may be the position in law prior to april 1, 1972, regarding the assessee's obligation to include income under s. 64 of the act, it is clear that after the amendment of the return with effect from april april 1, 1972, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1990)88CTR(AP)156; [1990]181ITR314(AP)
order--in respect of matters not covered by appeal before commissioner (a)held:the doctrine of merger applies to income tax proceedings but the extent of its applicability depends onthe scope and the subject matter of the appeal and the decision rendered by the appellate authority. matters whichare not covered by the appellate order are left untouched and to that extent, the ito's assessment order survives permitting exercise of revisional jurisdiction by the commissioner under s. 263. -- cit v. k.l. rajput (1987) 164 itr 197 (mp) (fb) concurred with.-- note : legislature has since stepped in with a view to remove any controversy. it has introduced cl. (c) in the explanation to s. 263. this explanation introduced by the taxation laws (amendment), act, 1984, and amended by the direct tax laws (amendment) act, 1987, though not applicable to the assessmentorder concerned herein, manifests the legislative intent. income tax act 1961 s.263
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1990]181ITR119(AP)
..... have the fair market value of a capital asset ascertained through the agency of a valuation officer. the crucial provision is that this section is provided by the taxation laws (amendment) act, 1972, to be effective from january 1, 1973, with a deliberate object of empowering the income-tax officer to find out the market value of a ..... , the authority concerned was taking shelter under section 142(2) of the act, which reads : 'for the purpose of obtaining full information in respect ..... the 'valuation officer' in section 55a of the act has the same meaning as in clause (r) of section 2 of the wealth-tax act. consequently, it is not in dispute that the rules framed under the wealth-tax act will also apply in this behalf. 12. before the said amended section 55a was enacted, though no specific provision existed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1998)146CTR(AP)694; [1998]230ITR385(AP); [2000]110TAXMAN10(AP)
..... . it may be noted here that the expln. to s. 263 was inserted by the taxation laws (amendment) act, 1984, w.e.f. 1st october, 1984. but then, this explanation was substituted by the finance act, 1988, w.e.f. 1st june, 1988. of the amendments which are introduced, the one relevant for purposes of the present discussion is clause (b) of ..... the question referred by the tribunal, provided the question is couched in terms of sufficient amplitude to cover an enquiry into the question in the light of the amended law, and the enquiry does not necessitate investigation of fresh facts'. these observations are of no assistance to the respondent. it is then contended that the judgment of ..... allowed the appeal on 31st october, 1985. that order has given rise to the aforementioned questions of law. 3. sri prasad, learned standing counsel for the revenue, contends that in view of the amendment of s. 263 of the act, the exercise of power by the cit was justified and the tribunal was in error in coming to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1986]160ITR94(AP)
..... by invoking the aid of the explanation to section 271(1)(c) of the act. it may be pointed out that this explanation was inserted by the finance act of 1964 with effect from 1st april, 1964. it was deleted by the taxation laws (amendment) act of 1975 with effect 1st april, 1976, by inserting a new scheme of explanations ..... which are not relevant for our purpose. for the sake of convenient reference, we may extract below the explanation inserted by the finance act of 1964 on which the revenue relies : (see [ ..... supreme court in addl cit v. swastik mineral corporation : [1979]118itr583(sc) , where the supreme court observed that the tribunal overlooked the amendments made by the finance act of 1964 and those amendments ought to have been considered by the tribunal. all the same, the supreme court did not think it fit to examine the matter taking .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1990]185ITR573(AP)
..... , i.e., in favour of the revenue and against the assessee in view of explanation 1 introduced in section 16(i) of the income-tax act, 1961, with retrospective effect from april 1, 1975, by the taxation laws (amendment) act, 1984. the assessee in this case is employed by two companies and received salary from both the companies. he claimed standard deduction in respect of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1995]216ITR582(AP)
..... on payment of rent by whatever name called in respect of the residential accommodation occupied by him.' 4. it may be noted that the said explanation was inserted by the taxation laws (amendment) act, 1984, with retrospective effect from april 1, 1976. 5. having regard to the wording of the explanation that an assessee residing in his own house will not be ..... revenue, the said question was referred to us. 3. it is brought to our notice that an explanation was added to clause (13a) of section 10 of the income-tax act. the explanation reads as follows : 'for the removal of doubts, it is hereby declared that nothing contained in this clause shall apply in a case where - (a) the ..... to us by the income-tax appellate tribunal for our opinion : 'whether, on the facts and in the circumstances of the case, the appellate tribunal is correct in law in allowing the assessee's claim under section 10(13a) ?' 2. the question arises in respect of the assessment years 1979-80 and 1980-81. the assessee is the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1977]107ITR825(AP)
..... in default in respect of such instalment or instalments, as the case may be, of the advance tax payable under section 218. section 140a was introduced by the taxation laws (amendment) act, 1970, with effect from april 1, 1971. it would be appropriate to set out the said section in its entirety.'140a. self-assessment.--(1) where a ..... within 30 days of the filing of the return is one of the modes/stages of collection of tax devised by parliament in exercise of its power of taxation and the petitioners in fact do not question the competency of parliament to so provide. the madras high court has also upheld the legislative competence of parliament. ..... failure to deduct and pay tax when required to do so. these provisions relating to levy of penalties and criminal prosecutions are twin sanctions provided by law for ensuring compliance with law on the part of the assessees. the object of the two sets of provisions, namely, one levying penalties and the other providing for criminal prosecution .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1997)142CTR(AP)471; [1997]225ITR963(AP)
..... , fix, from time to time, such amount as it deems fit....' 5. section 144b was inserted by the taxation laws (amendment) act, 1975, with effect from april 1, 1976. it was on the statute book for 13 years and was omitted by the direct tax laws (amendment) act, 1987, with effect from april 1, 1989; it is no more on the statute book now. a plain ..... assessee's representative. 8. the word 'forward' is a word of common usage and has to be understood in the meaning it bears in the english language. in black's law dictionary, sixth edition, at page 655, the meaning of the word 'forward' is given as under : 'to send forward; to send towards the place of destination; to transmit; to ..... , j.1. on the application of the revenue, filed under section 256(2) of the income-tax act, 1961 (for short 'the act'), this court issued a direction to the income-tax appellate tribunal to state the case and refer the following questions of law for opinion, by its order in i.t.c. no. 233 of 1985 passed on september 2, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1988)67CTR(AP)215; [1987]169ITR678(AP)
..... to a partner in a character other than a partner could not be disallowed under section 40(b) of the act. this principle has since received statutory recognition by the taxation laws (amendment) act, 1984, which added three explanations to section 40(b) of the act. explanation 2, newly added, provides that, where an individual is a partner in a firm in a representative capacity, the ..... the appeal filed by the income-tax officer. thereupon, the commissioner of income-tax filed an application before the tribunal for reference under section 256(1) of the act of the question of law referred in para 1 (p. 679) supra. 4. we have heard sri m. suryanarayana murthy, learned standing counsel for the revenue, and also sri. t. anantha babu, learned .....
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