Andhra Pradesh HC

Priority of Tax Dues In Liquidation?

Leo Edibles & Fats Limited vs TRO (Andhra Pradesh High Court)

The manner of distribution of the assets of a company during liquidation is fraught with ambiguity and settlement of such claims arising out of it has inconvenienced the parties concerned since the advent of the Insolvency and Bankruptcy Code, 2016 (Code). ...

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Income Tax cannot be recovered during Liquidation Process under IBC

Leo Edibles & Fats Limited Vs The Tax Recovery Officer (Central) (Andhra Pradesh HC)

Leo Edibles & Fats Limited Vs TRO (Central) (Andhra Pradesh HC) Section 178 of the Act of 1961 is titled ‘Company in liquidation’. Under sub-section (1) thereof, the liquidator of a company which is being wound up, or a person who is appointed as a Receiver of the assets of such company has to give […]...

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Explanation 3 to section 147 has no application In relation to issue cropped up subsequent to original assessment on new set of facts

CIT Vs . Swarna Andhra Ijmii Integrated Township Development (P) Ltd. (Andhra Pradesh High Court At Hyderabad)

Explanation 3 will be applicable in case where live issue, which was subsisting at the time of original assessment and if such issue has escaped the determination of the assessing officer, can be a ground for reopening. Any new issue that has cropped up subsequently on new set of facts, the aforesaid Explanation has no application. ...

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Reopening on ground that returned income is lower in comparison to income offered by others is invalid

Rajender Goud Chepur Vs. ITO (Andhra Pradesh And Telangana High Court)

Assessing officers completely erred in reopening assessments on the basis of either a suspicion that there is suppression of income or on the basis that persons in the same line of business are returning a higher income. Without even mentioning the comparables, no initiation of proceedings under section 147 can be made....

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Initiation of Penalty Proceeding U/s. 271(1)(c) in absence of clear finding is invalid

Pr CIT Vs. Baisetty Revathi (Andhra Pradesh High Court)

Pr CIT Vs. Baisetty Revathi (Andhra Pradesh High Court) In the present case, the assessee seems to have submitted her explanation on merits without raising a doubt as to what was the precise allegation leveled against her. However, we are more concerned with the principle involved and not just the isolated case of its application [&hellip...

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Sec. 11 deduction on fees for Providing Assistance to Banks & Financial Institutions

The Principal Commissioner of Income Tax (Exemptions) Vs. Institute for Development and Research in Banking Technology (Andhra Pradesh High Court)

Principal CIT (Exemptions) Vs. Institute for Development and Research in Banking Technology (Andhra Pradesh High Court) Held by ITAT The circumstances under which the services rendered by the appellant society to the Banks make clear that there is no profit motive in such activities because these activities were entrusted to the appellan...

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Levy of Capital Gain Tax when assessee denies ownership and sale

Smt. Uppada Sarvani Vs ITO (Hyderabad High Court)

Admittedly, the petitioner has lodged a police complaint that her name has been misused in a document in respect of a property of which she is not the owner. Therefore, the matter requires further detail prob....

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No VAT under Telangana VAT Act, 2005 on transfer of a business as a whole

M/s. Paradise Food Court Vs. State of Telangana (Andhra Pradesh High Court)

 A careful look at the reason for Rule 36 being inserted, which cannot be correlated to anyone of the matters enumerated in Clauses (a) to (r) of sub-section (2) of Section 78, will show that in the entire Telangana VAT Act, 2005, the only place where a transfer of business as a whole is spoken […]...

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If marks are not affixed on goods then it cannot be said that brand-name has been affixed

The Commissioner, Customs & Central Excise Vs M/s. Voltarc India (P) Ltd. (Andhra Pradesh High Court)

Commissioner, Customs & Central Excise Vs.M/s.Voltarc India (P) Ltd. (Andhra Pradesh High Court)- Tribunal also found that Voltarc symbol which was being used on the wrapper and packer was reflecting only the name of the company...

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If department alleges collection of taxes, then burden to prove the same also lies on it

Commissioner of Customs & C.Ex Vs Rayan Pharma Ltd (Andhra Pradesh High Court)

In the present case it appears that the Commissioner has assumed that in respect of all the clearances, the appellant has collected Excise Duty. If the department makes the allegation that the appellant had collected money representing Excise Duty...

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