Kolkata Court April 1969 Judgments
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Commissioner of Income-tax, West Bengal Ii Vs. Sainthia Rice and Oil M ...
Court: Kolkata
Decided on: Apr-17-1969
Reported in: [1971]82ITR778(Cal)
SABYASACHI MUKHARJI J. - This reference arises out of the assessment for the assessment year 1960-61. The assessee is a registered firm owning rice and oil mills at Sainthia in the district of Birbhum of the State of West Bengal. The corresponding previous year relevant for the present assessment is 2015-16 Diwali Samvat. In the course of assessment proceeding for this year the assessee had claimed exemption from tax under section 15C of the Indian Income-tax Act, 1922, which is allowable to a newly established industrial undertaking. The same claim had also been made by the assessee in respect of the assessment of the immediately preceding year, 1959-60, and such claim had been refused originally by the Income-tax Officer on the ground that rice milling is not an industrial undertaking within the meaning of section 15C of the said assessment for 1959-60. The Appellate Assistant Commissioner had directed that the Income-tax Officer should allow the benefit under section 15C of the said...
Commissioner of Income-tax (Central) Vs. Hindusthan General Electrical ...
Court: Kolkata
Decided on: Apr-16-1969
Reported in: [1971]81ITR243(Cal)
Sankar Prasad Mitra, J. 1. The assessment year is 1959-60 for which the previous year ended on the 31st July, 1958. The assessee is a public limited company. It carries on the business of manufacture and sale of certain electrical goods. On the 21st May, 1956, the assessee entered into an agreement with Messrs. Simplex Electric Company Ltd. of England (hereinafter sometimes called the ' foreign company '}. By this agreement the assessee acquired certain rights to manufacture and sell in India products of ' Simplex ' design and to use the trade name ' Simplex ' on the terms and conditions therein mentioned. Some of the clauses of this agreement which the Tribunal has quoted in the statement of the case are as follows :' Clause 3(a).--HGEC shall be liable to pay ' Simplex ' the cost (including freight, transport and insurance costs) of preparing and providing prints, designs, drawings, specifications, instructions and other information as aforesaid and of supplying patterns and tools upo...
Commissioner of Income-tax Vs. Darbhanga Marketing Co. Ltd.
Court: Kolkata
Decided on: Apr-14-1969
Reported in: [1971]80ITR72(Cal)
Sabyasachi Mukharji, J.1. This reference arises out of the assessment for the assessment year 1962-63, for which the previous year is the year ending on the 31st March, 1962. The assessee is accompany mainly deriving income from dividends. The assessee filed a return of income declaring business loss of Rs. 20,905 and income from other sources of Rs. 1,76,584. The Income-tax Officer found that the gross amount of dividend amounted to Rs. 1,76,584 and allowed deduction of Rs. 21,326 being interest paid to various parties on moneys borrowed in connection with investments. The Income-tax Officer then worked out the chargeable dividend income at Rs. 1,55,258 inasmuch as the assessee was entitled to exemption under Section 89(1)(ii) (sic. 99(1)(iv), of the Income-tax Act, 1961, the Income-tax Officer worked out the gross amount of dividend income exempt under that Section at Rs. 85,201 and reduced it by a sum of Rs. 10,290, being the amount paid in so far as it was attributable to the afore...
Smt. Hemangini Dassi Vs. Sm. Rashmoni Dassi
Court: Kolkata
Decided on: Apr-03-1969
Reported in: AIR1970Cal37,73CWN625
S.K. Chakravarti, J.1. A short point arises for determination in this appeal. It is as to whether a decree in respect of future maintenance can be enforced in execution without having recourse to any further suit or not.2. The appellant before us had filed a suit against the respondent for a declaration that she was entitled to future maintenance at the rate of Rs. 20/- per month and for recovery of arrears of maintenance at that rate and also for granting a charge in respect of Kha schedule properties for arrears of maintenance and future maintenance. The decree in that suit, as modified by this Court, was to the effect that the plaintiff was entitled to future maintenance at the rate of Rs. 20/- per month and that a charge on the Kha schedule properties was declared with respect to the future maintenance. There was also a decree for recovery of arrears of maintenance at the rate of Rs. 20/- per mensem.3. The appellant put the decree Into execution not only for realisation of arrears ...
The Metal Corporation of India Ltd. and anr. Vs. Union of India (Uoi) ...
Court: Kolkata
Decided on: Apr-01-1969
Reported in: AIR1970Cal15,73CWN676
ORDERB.C. Mitra, J.1. This is an application for appropriate Writs and Orders directing the Union of India (respondent No. 1) not to give effect to the Metal Corporation of India (Acquisition of Undertaking) Act, 1966, and for orders striking down, cancelling and declaring void the said Act and also for orders prohibiting the Union of India from enforcing and/or giving effect to the Metal Corporation of India (Acquisition of Undertaking) Ordinance, 1965. There is also a prayer for an injunction restraining the Union of India from selling, charging and dealing with the petitioner's undertaking and also the petitioner's properties both movable and immovable including lead and zinc ore and lead and zinc metals and silver smelter of the petitioner.2. In 1944 the petitioner No. 1 (hereinafter referred to as the company) was Incorporated as a public company under the Indian Companies Act, 1913. The company initially commenced its business in 1944 with a share capital of Rs. 35 lacs. The auth...
State Vs. D. Rudra, A.D.M. and anr.
Court: Kolkata
Decided on: Apr-01-1969
Reported in: AIR1969Cal602,1969CriLJ1487
Das, J. 1. This contempt Rule is against Mr. D. Rudra, Mr. B. K. Sarkar and Mr. A. K. Dasgupta, Additional District Magistrates Alipore and the Officer-in-Charge, Beliaghata Police Station in circumstances stated below:Criminal Appeal No. 86 of 1967 preferred by Shyamsundar Pathak and Kapildeo Narayan Sharma, A. S. I. of Police, Calcutta, against conviction under Section 414 of the Indian Penal Code, was dismissed by this Court by an order dated July 18, 1968 and this order was communicated and received by the District Magistrate on July 20, 1968.2. The order reads as follows:'We direct the accused-appellants, namely, Shyamsundar Pathak and Kapildeo Narayan Sharma be called upon to surrender forthwith to their hail to serve out the remainder of sentence imposed upon them.'3. This order was not, however, carried out by the contemners. Who functioned as Additional District Magistrates, Alipore, during the relevant period, as disclosed during hearing of an application under Article 134(1)...
Commissioner of Income-tax Vs. Deoria Sugar Mills Ltd.
Court: Kolkata
Decided on: Apr-01-1969
Reported in: [1971]80ITR408(Cal)
Sankar Prasad Mitra, J.1. This is a reference under Section 66(1) of the Indian Income-tax Act, 1922. The assessment year is 1959-60. The previous year ended on the 31st August, 1958. The Income-tax Officer, while making the assessment for the year 1956-57, found that the assessee had issued bonus shares to the extent of Rs. 3,58,800 and had also declared dividend to the extent of Rs. 44,944. He held that in terms of the Finance Act of 1956, the gross of corporation tax payable on the total income would be Rs. 43,460.25. He said that out of this sum a rebate @ 0-4-0 annas per rupee was allowable ; but this rebate had to be reduced in respect of the bonus shares issued @ 0-2-0 annas per rupee and also of the excess dividend over 6 per cent. @ 0-2-0 annas per rupee. In these premises, the Income-tax Officer computed the reduction in rebate at Rs. 45,973.62 and held that there was no unabsorbed reduction in rebate amounting to Rs. 20,219.37.2. Again, while he was assessing the income for ...
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