Kolkata Court December 1956 Judgments
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Burma Shell Oil Storage and Distributing Co. of India Ltd. Vs. Commerc ...
Court: Kolkata
Decided on: Dec-07-1956
Reported in: AIR1957Cal395,61CWN195,[1957]8STC142(Cal)
ORDERSinha, J.1. The facts of this case are shortly as follows:2. The petitioner is the Burma Shell Oil Storage and Distributing Company of India Limited, a well-known company which produces manufactures, distributes and sells mineral oil, petroleum, etc. including aviation spirit. It carries on business inter alia in Calcutta in the distribution and sale of oil. It has a supply station at Dum-Dum Aerodrome, from which motor spirit for aviation purposes called 'aviation spirit' is supplied to aircraft, including foreign-bound aircraft. As is to be expected, most of the aircraft so supplied, proceed beyond Indian territorial limits. The Bengal Motor Spirit Sales Taxation Act, being Bengal Act V of 1951, provides for the levy of a tax on retail sales of motor spirit in Bengal. Under Section 2 of the said Act, 'Motor Spirit' has been defined to be any liquid or admixture of liquids which is ordinarily used directly or indirectly as fuel for any form of motor vehicle or stationary internal...
Corporation of Calcutta Vs. Narayan Chandra Das
Court: Kolkata
Decided on: Dec-06-1956
Reported in: AIR1957Cal447
Chakravartti, C.J.1. This is an appeal from an order of Sinha, J., dated 27-7-1955, whereby the learned Judge quashed an order of assessment in respect of a property owned by the respondent and gave certain consequential directions.2. The appellant is the Corporation of Calcutta. The premises concerned is situated in an area which appertained formerly to what was once the Tollygunge Municipality. It appears that in the year 1951, there was a general assessment and in the course of that assessment, the respondent's property which is Premises No. 46 Izazatulla Lane was assessed to a valuation of Rs. 270/-. The Tollygunge Municipality was superseded by an order of the State of West Bengal on 26-11-1951, for the period of one year, but the period of supersession was subsequently extended from time to time. Upon superseding the Municipality, the State of West Bengal appointed one Shri Priya Nath Bose to be the Administrator and to exercise all the powers and discharge all the duties which m...
London Investment and Mortgage Co. Ltd. Vs. Inland Revenue Commissione ...
Court: Kolkata
Decided on: Dec-06-1956
Reported in: [1958]34ITR43(Cal)
LORD EVERSHED M. R. These four cases have raised a single points for our consideration, which may be stated as follows : Where a company, which carries on the trade or business of property dealing, receives from the War Damage Commission a value payments in respect of a property held by the company in the course to its trade, is that value payment to be treated as part of the companys annual profits or gains arising to it from its business within the meaning of Schedule D, now incorporated into section 122 of the Income Tax Act, 1952 ?There is also raised in each case a question as regards profits tax, but we were information that the answer to this question as it is related to income tax necessarily involves also the answer as it relates to profits tax, and I shall therefore follow the judge, Upjohn J. in delivering a single judgment in all four cases, and I shall confine my observations to the impact of the Income Tax Acts upon the value payments.I concaves that the case has been for...
Babulal Choukhani Vs. Western India theatres Ltd. and anr.
Court: Kolkata
Decided on: Dec-05-1956
Reported in: AIR1957Cal709
P.B. Mukharji, J. 1. This appeal questions the refusal by the Board of Directors of the Defendant Western India Theatres Ltd. to register certain shares transferred by defendant Shantaram Raghurao Hemmad in favour of the plaintiff Babulal Choukhani. Two essential points arise for determination in this appeal. The first point relates to the construction of the Articles of Association restricting the right of transfer and limiting such transfer by certain conditions mentioned in the Articles. The second point raises the question of proper exercise of such power by the Directors under those Articles and how far and to what extent the Director's decision in this respect is reviewable by the Courts. 2. The plaintiff's case briefly is that he obtained shares of the face Value of Rs. 5,00,000/- in the defendant company bearing Nos. 30057 to 35056 together with blank transfer deed duly executed and completed and transferred by the defendant Hemmad. The transfer was made on or about the 27th Ap...
Dawjee Dadabhoy and Co. Vs. S.P. JaIn and anr.
Court: Kolkata
Decided on: Dec-04-1956
Reported in: AIR1957Cal244
ORDERSinha, J.1. These four matters have been heard together and the questions of fact and law are common. The facts are briefly as follows:--2. The petitioner In all these applications Is a partnership firm duly constituted under the Indian Partnership Act. It Is stated that' the firm was established as early as 1894 and has continued all along, except for reconstitution of the personnel from time to-time, with the death or retirement of a partner and/or admission of a new partner or legal heir of a deceased partner. It appears also that the partnership deed was accordingly changed from time to time. A partnership deed was executed on or about November 14, 1949 and another on or about July 2, 1953. The latest partnership deed is dated 31st August 1954. In these applications we are concerned with the Income-tax Assessment years 1950/51, 1951/52, 1952/53 and 1953/54. For all these years, the firm has been assessed as a registered firm, that Is to say, registered under the Indian Income-...
Dawjee Dadabhoy and Co. Vs. S. P. JaIn and Another.
Court: Kolkata
Decided on: Dec-04-1956
Reported in: [1957]31ITR872(Cal)
SINHA, J. - These four matters have been heard together and the questions of fact and law are common. The facts are briefly as follows :The petitioner in all these applications is a partnership firm duly constituted under the Indian Partnership Act. It is stated that the firm was established was early as 1894 and has continued all along except for constitution of the personnel from time to time, with the death or retirement of a partner and/or admission of a new partner or legal heir of a deceased partner. It appears also that the partnership deed was accordingly changed from time to time. A partnership deed was executed on or about November 14, 1949, and another on or about July 2, 1953. The latest partnership deed is dated 31st August, 1954. In these applications we are concerned with the income-tax Act and assessment years, 1950-51, 1951-52, 1952-53 and 1953-54. For all these years, the firm has been assessed as a registered firm, that is to say, registered under the Indian Income-t...
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