Kolkata Court June 1967 Judgments
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Commissioner of Income-tax, Calcutta Vs. Board of Mutwallis to the Wak ...
Court: Kolkata
Decided on: Jun-19-1967
Reported in: [1968]69ITR758(Cal)
BANERJEE J. - This is a reference under section 66(1) of the Indian Income-tax Act, 1922.The assessment years, which are involved, are 1948-49 to 1958-59. The relevant accounting years for assessment years 1948-49 to 1956-57 are the calendar years 1947 to 1955; the relevant accounting years for assessment years 1957-58 and 1958-59 are the financial years respectively ending with March 31, 1957, and March 31, 1958. The question of law referred to this court is :'Whether, on the facts and in the circumstances of the case and on a proper construction of the wakfnamah dated the 25th July, 1900, the income of the wakf was exempt from taxation under the provisions of section 4(3)(i) of the Indian Income-tax Act, 1922 ?'The reference has been made in the circumstances hereinafter stated in brief. One Ibrahim Sulaiman Salehjee, now deceased, executed a deed of wakf on July 25, 1900, and thereby created a charitable trust. Hereunder, are set out material portions from the said deed of wakf :1. ...
Raghunath Prasad Jhunjhunwala and anr. Vs. Hind Overseas (Private) Ltd ...
Court: Kolkata
Decided on: Jun-16-1967
Reported in: [1971]41CompCas279(Cal),72CWN761
1. The petitioners, Raghunath Prasad Jhunjhunwala and Phoolchand Jhunjhunwala, made an application for winding up of Hind Overseas (Private) Limited. The other applications in regard to this company are an application for stay of winding up and an application for the appointment of provisional liquidator and an application for injunction. All the four applications were heard from time to time because of the inconvenience of counsel to have the hearing concluded. The final hearing w...
Commissioner of Income-tax, West Bengal Vs. West Bengal Mining Co.
Court: Kolkata
Decided on: Jun-15-1967
Reported in: [1968]67ITR292(Cal)
BANERJEE J. - This is a reference under section 66 (1) of the Indian Income-tax Act, 1922. The assessment year involved is the year 1955-56, the corresponding previous year being the calendar year ended on December 31, 1954.The assessee is a firm engaged in coal mining. During the assessment year in question, the assessee operated two collieries named Modern Satgram Colliery and Ratibaty Colliery. In respect of pits Nos. 1 and 2 of the latter colliery, the Cess Deputy Collector of Burdwan levied road and education cesses amounting in all to Rs. 11,906, for the year 1954, and the assessee paid the sum. This sum was claimed by the assessee as a business expenditure, allowable under section 10 (2) (xv) of the Indian Income-tax Act. The Income-tax Officer disallowed this expenditure with the observation, 'not allowable as being based on profit.' Obviously, in disallowing the claim, the Income-tax Officer had in mind the provisions of section 10 (4) of the Indian Income-tax Act, which reads...
Commissioners for the Port of Calcutta and anr. Vs. Baleswar Singh
Court: Kolkata
Decided on: Jun-12-1967
Reported in: AIR1968Cal206,71CWN786,(1969)IILLJ640Cal
Sinha, C.J. 1. The facts in this case are shortly as follows: The respondent in this case was at all material time employed as a sub-gunner by the Port Commissioners, a statutory body formed under the Calcutta Port Act. 1890 (hereinafter referred to as the 'said Act'). On the 5th of January, 1961 the respondent and several other employees of the Port Commissioners were convicted under Sections 147 and 323 of the Indian Penal Code. Section 147 deals with rioting and Section 323 is voluntarily causing hurt. The respondent was sentenced to a fine of Rs. 30 under Section 147 I. P. C. In default to undergo rigorous imprisonment for three weeks and a fine of Rs. 30 and under Section 323 I. P. C. in default to undergo rigorous imprisonment for three weeks On the 28th of March 1963 the respondent was suspended from service and on the 9th April, 1963 he was served with an order passed by the Traffic Manager dated 4th April, 1963 removing him from service The said order is set out below'Whereas ...
Gadadhar Ghosh Vs. Janki Nath Ghosh and ors.
Court: Kolkata
Decided on: Jun-12-1967
Reported in: AIR1968Cal509,72CWN292
Ray, J.1. This is an application for an order that the delay in filing the appeal may be condoned On 15 June 1966 a preliminary decree was passed declaring the shares of the parties and directing the premises to be sold by auction. Thereafter the petitioner who is defendant No. 1 in this suit received an offer from an outsider for purchase of the premises. The petitioner made an application for an order for varying or modifying the decree dated 15 June, 1966 which provided that the premises be sold by public auction The application was made on 18 August, 1966 By a Judgment dated 27 February, 1967 the application was disposed of and the decree dated 15 June, 1966 was not disturbed 2. The petitioner on 3 April, 1967 filed an appeal against the judgment and order dated 27 February 1967.3. On 3 April, 1967 the petitioner gave requisition for certified copy of the decree dated 15 June, 1966 The draft decree was settled and passed on 11 April, 1967. Thereafter the petitioner made this applic...
Bhakti Bh. Mondal Vs. Khagendra K. Bandopadhya and ors.
Court: Kolkata
Decided on: Jun-07-1967
Reported in: AIR1968Cal69
ORDERS.P. Mitra, J.1. This is an election petition in respect of the Dubrajpur Constituency in the District of Birbhum. The petitioner was a candidate in this constituency in the last General Election and had lost to the respondent No. 1 by a margin of 290 votes. The Returning Officer declared the result of the election on the 23rd February 1967. The petitioner wanted to present his election petition on the 17th April, 1967. There were doubts in my mind as to whether the petitioner came to this Court within time. The petitioner's Counsel then submitted to me that he did not want to take the risk; and would make an application for condonation of the delay, if any, in presenting the petition. Accordingly, an application for condonation, if necessary, has beep made.2. For the last two days I have heard arguments of the petitioner's counsel, the Advocate General (who is appearing for the District Election Officer and the Returning Officer, the respondents Nos. 3 and 4 herein) and counsel f...
Ambika Prosad Sexena Vs. Sm. Bhagirathi Debi Agarwalla and ors.
Court: Kolkata
Decided on: Jun-07-1967
Reported in: AIR1968Cal242
P.N. Mookerjee, J. 1. This appeal, which has been argued well on both sides and fully in all its details, raises a very interesting and important question.2. The appeal relates to the respondent's right to execute a decree for ejectment. The decree was passed in respect of the disputed premises, comprising one go-down in the ground floor of Municipal Premises No. 68, Burtolla Street. Calcutta. It was obtained by the then landlords Indramoni Debi and others (Trustees) against the tenant (judgment-debtor) Chitra Gupta Press on May 12. 1961 Thereafter, the present respondent No. 1. Bhagirathi Debi Agarwalla, purchased the disputed premises from the said landlords Indramoni Debi and others (Trustees), who are the other respondents in this appeal, under a conveyance, by which the entire interest of the said landlords in the disputed premises passed. This conveyance was dated March 30, 1963. On May 17, 1963, the purchaser Bhagirathi applied for execution of the above decree for ejectment and...
Commissioner of Income-tax, West Bengal Vs. K. K. Roy.
Court: Kolkata
Decided on: Jun-06-1967
Reported in: [1967]66ITR179(Cal)
BANERJEE J. - This is a reference under section 66(1) of the Indian Income-tax Act.The assessment year involved is the year 1954-55, corresponding to the financial year 1953-54, which is the accounting year.The assessee, K. K. Roy, is an individual. He is an aeronautical engineer. In December, 1945, he was appointed as the manager of Airways (India) Ltd., to look after the business of the company relating to all matters other than finance and general policy. In 1947, he was appointed as the managing director of the company. While he was acting as the managing director, there was passed the Air Corporations Act (XXVII of 1953) on May 28, 1953. The object of the Act was to nationalise transportation by air and for that purpose 'to provide for the establishment of air corporations, to facilitate the acquisition by the air corporations of undertakings belonging to certain existing air companies and generally to make further and better provisions for the operation of air transport services'...
Anant Kumar Hazra Vs. Controller of Estate Duty
Court: Kolkata
Decided on: Jun-01-1967
Reported in: AIR1967Cal629
Banerjee, J.1. This is a reference, under Section 64(1) of the Estate Duty Act, 1953, made in circumstances hereinafter stated.2. One Satish Chandra Hazara died on July 28, 1956. At the time of his death he owned various movable and immovable properties. The Assistant Controller of Estate Duty Calcutta who was the assessing authority, determined the principal value of the estate at Rs. 6,60,597 and the duty payable thereon as Rs 83,180 10 P.3. In arriving at the principal value of the estate, the Assistant Controller:(1) added back a sum of Rs 35.000 to the amount of 'cash in house' namely a sum of Rs. 10,216 only as shown in the statement of account in Form E D 1 on the following ground: 'On an examination of the deceased's bank accounts it is found that the deceased made huge withdrawals just a few months before his death. As to what happened to these withdrawals, the accountable person could not explain. In view of this an addition of Rupees 85,000 is made to the cash in the house a...
Ashoka Viniyoga Ltd. Vs. Commissioner of Income-tax.
Court: Kolkata
Decided on: Jun-01-1967
Reported in: [1968]70ITR381(Cal)
K. L. ROY J. - This is a reference under section 66(1) of the Indian Income-tax Act, 1922 (hereinafter referred to as the Act). The assessment year concerned is 1953-54 for which the relevant accounting periods commenced on October 1, 1951, and ended on September 30, 1952. The original assessment for this year was completed by the Income-tax officer on November 30, 1953. In making the assessment, the Income-tax Officer accepted the assessees profit and loss account which showed a loss on sale of shares of Rs. 5,14,295. Subsequently, the Income-tax Officer had information that in consequence of an order under section 23A passed in respect of Messrs. Sahu Jain Ltd. of which the assessee was a shareholder, dividend deemed to have been distributed to the assessee had escaped assessment. The Income-tax Officer started reassessment proceedings under section 34 (1) (b) of the Act on February 7, 1958, to assess this deemed dividend income. In the meantime, the Income-tax Officer had completed ...
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