Kolkata Court November 1967 Judgments
Avery Co. of India Private Ltd. Vs. Second Industrial Tribunal and ors ...
Court: Kolkata
Decided on: Nov-28-1967
Reported in: AIR1968Cal287,72CWN165,(1968)IILLJ38Cal
Sinha, C.J.1. This is an appeal against the judgment and order of B. C. Mitter J. dated the 18th July, 1966. The facts are briefly as follows: The appellant is a company incorporated under the Indian Companies Act The respondent No. 2 Ganapati Santra was appointed by the appellant in 1946 as a clerk in the service department. On or about the 23rd of April, 1946 was passed the Industrial Employment (Standing Orders) Act. 1946 (Central Act 20 of 1946) (hereinafter referred to as the 1946 Act') Prior to the said Act of 1946, there was no rule as to superannuation of workers. The 1946 Act laid down provisions for the drawing up of standing orders and certification thereof by the certifying officer. Sometime in 1952, the appellant submitted draft standing orders under the provisions of the 1946 Act, and the same were duly certified in November 1952. By and under the said Standing Orders, the age of superannuation of workmen was fixed at 55 years. On or about the 17th September, 1956 the 194...
Tag this Judgment!Digendra Nath Roy Vs. the State
Court: Kolkata
Decided on: Nov-28-1967
Reported in: 1970CriLJ529
N.C. Talukdar, J.1. This appeal is against an order dated the 31st July 1964 passed by Shri B. Basak, Addl. Sessions Judge, Jalpaiguri, convicting the accused-appellant under. Sections 302 and 307 of the Indian Penal Code and sentencing him under the former section to undergo imprisonment for life and under the latter one to undergo rigorous imprisonment for five years, sentences to run concurrently.2. The prosecution case unfolds a sad and sordid story of a father killing his child, an infant-in-arm and also attempting to kill his wife and another minor son. Digendra alias Dwijendra Nath Roy is the son of one Kimsundar Roy (P. W. 11). He was living with his wife and two children in separate mess but in the same house with his father and stepmother at Madhya Nararthali. On the 28th September 1963 in the evening the accused-appellant re-, turned home, took his meals and went out again towards the village Harimandir for participation in the distribution of prosad and thereafter spent the...
Tag this Judgment!Union Coal Co. Ltd. Vs. Commissioner of Income-tax, CalcuttA.
Court: Kolkata
Decided on: Nov-16-1967
Reported in: [1968]70ITR45(Cal)
BANERJEE J. - This reference, under section 66(1) of the Indian Income-tax Act, 1922, has been made in circumstances hereinafter relate.The assessee is not obliged, under a resolution of its board of directors, to pay a pension of Rs. 12,000 per annum, to one Mr. Hunter, a retired manager of the assessee. This amount used to be claimed by the assessee in previous assessment years and used always to be allowed by the Income-tax Officer in those years as permissible business expenditure.In the assessment year 1958-59 (corresponding to the accounting year ended with December 31, 1957), the assessee do not make the claim for deduction of the said amount as a business expenditure, in the return filed by it. The said sum was not also debited to the profit and loss account The amount was, however, debited to an account headed 'staff account', appearing as reserve in the balance-sheet.In the aforesaid circumstances, the Income-tax Officer made the assessment without considering the question of...
Tag this Judgment!Commissioner of Income-tax Vs. Hind Construction Ltd.
Court: Kolkata
Decided on: Nov-15-1967
Reported in: [1970]78ITR664(Cal)
Masud, J.1. The point to be decided in this reference, under Section 66(2) of the Indian Income-tax Act, 1922, is whether a sum of Rs. 4,00,000 should be included in the total income of the assessee. The Income-tax Officer included the said sum, but the Appellate Assistant Commissioner and the Appellate Tribunal excluded the said amount and decided against the revenue. The facts may be briefly stated as follows :There was a joint venture run by Messrs. Bhagwanraj Patel & Co. and Messrs. Premier Suppliers Co. Ltd. for purchase and sale of machinery from the disposal department of Assam and each one of them was to receive half share in the joint venture. On the 22nd October, 1949, Messrs. Premier Suppliers Co. Ltd. sold their interest in the venture to the assessee-company and Messrs. Bhagwanraj Patel & Co. sold their interest to Patel Engineering Co., as a result whereof the assessee-company and Messrs. Patel Engineering Co. became interested in the said venture. The stock of the machin...
Tag this Judgment!Commissioner of Income-tax Vs. Central India Industries, Morar
Court: Kolkata
Decided on: Nov-15-1967
Reported in: AIR1969Cal236,[1969]74ITR687(Cal)
Banerjee, J.1. This reference, under Section 66(1) of the Income-tax Act, has been made in circumstances hereinafter related.2. During the accounting year ended on March 31, 1959, (the assessment year being 1959-60) the assessee held 4,58,071 shares in a company known as Pilani Investment Corporation Ltd. and became entitled to receive as dividend Rs. 1,83,228.40 P. at the rate of 40 P. per share, namely, the declared rate of dividend. This dividend was paid to the assessee in the form of, (a)13,087 shares of Gwalior Rayon and Silk ., (2) Rs. 10/- per shareRs. 1,30,870/-(b)416 shares of Hind Cycles Ltd. @ Rs. 125 per shareRs. 52,000/-(c)In cashRs. 358/40 Rs. 1,83,228/40The Income-tax Officer valued the shares of Gwalior Rayon and Silk . and Hind Cycles Ltd., at the market rate, namely, at Rs. 14.60 p. per share for Gwalior Rayon and Silk and at Rs. 128.50, per share, for Hind Cycles Ltd. and came to the conclusion that the total shares, received by the assessee in the aforesaid two com...
Tag this Judgment!Commissioner of Wealth-tax Vs. Mrs. Dorothy Martin.
Court: Kolkata
Decided on: Nov-15-1967
Reported in: [1968]69ITR586(Cal)
BANERJEE J. - This reference, under section 27(1) of the Wealth-tax Act, has been made in circumstances hereinafter related.The assessee, Mrs. Dorothy Martin, is the daughter of one Arratoon Stephen, now deceased. By his will, dated August 15, 1925, the deceased settled certain properties in several trusts and appointed three gentlemen as trustees. He appointed his wife, Ella, as the guardian of his infant children during her lifetime and after her death the trustees were to be the guardians of the said children. The settlement in trust, which the deceased made in favour of his wife and children, is recited in paragraphs 7, 8, 9 and 10 of the will, which are quoted below :'(7) I give all my property of every description whether movable or immovable not hereby otherwise disposed of unto my trustees upon trust at such time and in such manner as they shall in their absolute discretion think fit to sell and realise such part thereof as shall not consist of money and out of the net proceeds...
Tag this Judgment!Automobile Association of Bengal Vs. Commissioner of Income-tax, Calcu ...
Court: Kolkata
Decided on: Nov-15-1967
Reported in: [1968]69ITR878(Cal)
BANERJEE J. - This is a reference under section 66(1) of the Indian Income-tax Act, 1922.The relevant assessment years are 1957-58 and 1958-59, the corresponding previous years being, respectively, the years ended with December 31, 1956, and December 31, 1957.The assessee is an association of persons, known as the Automobile Association of Bengal (now as the Automobile Association of Eastern India). The Association is a mutual concern, run on no profit basis and was formed, inter alia, with the following objects (pages 26-27 of the paper book) :(a) to establish, maintain and conduct a club for accommodation of its members and their friends and to provide a Club House and other conveniences and generally to afford to members and their friends all the usual privileges, advantages, convenience and accommodation of a club;(b) to promote the interests of motorists and to provide means of social intercourse amongst them;(c) to consider and discuss all questions affecting the interests of mot...
Tag this Judgment!Commissioner of Income-tax Vs. Coal Shipments (Private) Ltd. ([1968) 6 ...
Court: Kolkata
Decided on: Nov-15-1967
Reported in: [1968]70ITR429(Cal)
BANERJEE J. - This is a reference under section 66(1) of the Indian Income-tax Act, 1922. The assessment years involved are 1951-52 to 1955-56.Before World War II, the assessee, Coal Shipments (Private) Ltd., was one of the companies, which used to export coal from India to Burma. Amongst other such exporters, there was a company of the name of Messrs. H. V. Low & Co. Ltd. The war stopped such export. After the cessation of hostilities, in 1946, it became possible to resume export to Burma. The exporters, including the assessee and H. V. Low & Co. Ltd., formed an association known as Coal Exporters and Charterers Association, inter alia, with the object of pooling up excess profits. The formation of the association notwithstanding, the assessee and Messrs. H. V. Low & Co. Ltd. became potential rivals in coal export to Burma. Thereupon, it is said, there was an understanding or an arrangement between the two on the following lines :(a) Messrs. H. V. Low & Co. Ltd. will not export coal t...
Tag this Judgment!Commissioner of Wealth-tax, West Bengal Vs. Calcutta Tramways Co. Ltd.
Court: Kolkata
Decided on: Nov-15-1967
Reported in: [1968]69ITR471(Cal)
BANERJEE J. - These references, under section 27(1) of the Wealth-tax Act, have been made in circumstances hereinafter related.The assessee is a sterling company, incorporated under the English Companies Act, and has is registered office in London. Admittedly, the assessee is not resident in India, within the meaning of Explanation 2 to section 6 of Wealth-tax Act. It is well-known that the assessee is the owner of the undertaking running tramways, in Calcutta and its suburbs, for public transportation. The Government of West Bengal became desirous of acquiring the undertaking of the assessee and pursuant thereto entered into an agreement with the assessee, on September 30, 1951, under which the assessee was allowed to carry on the under taking till January 1, 1972, (described as the 'purchase date'), subject, inter alia, to the following conditions :'2. (1) The company shall continue to carry on the undertaking until the purchase date in accordance with this agreement and any statutor...
Tag this Judgment!Commissioner of Income-tax, West Bengal Vs. Mahabir Commercial Co. Ltd ...
Court: Kolkata
Decided on: Nov-15-1967
Reported in: [1968]70ITR114(Cal)
BANERJEE J. - This reference, under section 66(1) of the Indian Income-tax Act, has been made in circumstances hereinafter related.The year of assessment is 1952-53 and the period of accounting is the calendar year ending on December 31, 1951.The assessee-company is a dealer in jute in East Pakistan as well as in India. The head office of the assessee is in Calcutta but there are branch offices at Ashugunj, Serajgunj and Gaibandha, all in East Pakistan. During the period of account, relevant for the assessment year 1952-53, the assessee sold jute of the value of Rs. 23,93,767, out of which sales worth Rs. 13,06,772 were made in foreign countries and sales worth Rs. 2,44,015 in India. The balance of sales, worth Rs. 11,42,979, according to the assessee, was made in Pakistan.The Income-tax Officer overruled the contention of the assessee that jute worth Rs. 11,42,979 was sold in Pakistan. He found that the quantum of sale in India amounted to Rs. 13,86,995 and assessed accordingly.The ap...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »