Kolkata Court December 1974 Judgments
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Jogendra Nath Naskar Vs. Official Receiver and ors.
Court: Kolkata
Decided on: Dec-24-1974
Reported in: AIR1975Cal389
Janah, J.1. This appeal is directed against the judgment and decree dated June 19, 1963 passed by Mullick, J. in Title Suit No. 79 of 1952 of the 8th Court of the Subordinate Judge, Alipore, which, on transfer to this Court was registered as Extraordinary Suit No. 6 of 1957. The said suit was instituted by the respondent No. 1, the Official Receiver, challenging the alienation of certain debottar properties.2. By a Deed executed on January 18, 1806, one Raja Pitambar Mitra established and consecrated the deity Sri Sri Iswar Bakleo Jew Thakur, and by another Deed dated May 17, 1824, his wife Sm. Nandarani Dasi established and consecrated the deity Sri Sri Gopal Jew Thakur. The debettar estate consisted of a large number of valuable properties, both land and premises, in and around Calcutta. The alienations challenged in the suit were by way of long leases granted by 3 persons consisting the committee of management under a scheme framed by this Court in an administration suit being, suit...
Commissioner of Income-tax Vs. Indian Iron and Steel Co. Ltd.
Court: Kolkata
Decided on: Dec-24-1974
Reported in: [1978]111ITR843(Cal)
Sabyasachi Mukharji, J. 1. In this reference under Section 256(1) of the Income-tax Act 1961, we are concerned with the assessments under the Income-tax Act, 1961, for the assessment years 1961-62 and 1962-63, for which the relevant accounting periods ended on 31st March, 1961, and 3Ist March; 1962, respectively. The original assessment for the assessment year 1961-62 was completed on the 30th November, 1962, and thereafter the total income was revised under Section 34 of the Indian Income-tax Act, 1922, determining the assessee's total income as Rs. 4,18,59,438. While making the assessment, the Income-tax Officer had allowed development rebate of Rs. 2,21,48,873 against the development rebate reserve of Rs. 1,66,57,251. Similarly, for the assessment year 1962-63, the totalincome as per the original assessment was rectified under Section 154 of 1961 Act and revised under Section 250 determining the assessee's total income at Rs. 8,20,77,760. In this case also while making the assessmen...
Prabhudayal Agarwalla and ors. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Dec-23-1974
Reported in: AIR1975Cal235,(1975)1CompLJ122(Cal)
ORDERAmiya Kumar Mookherji, J.1. Petitioners are owners of Husking Machines fixed with different types of hullers and run their business of husking paddy at different places in West Bengal. All of them are holders of licence granted under the Rice-Milling Industry (Regulation) Act, 1958, and which is valid upto March 31, 1975. On 31st October, 1974, the Government of West Bengal in exercise of powers conferred by Clause (1) of Article 213 of the Constitution, promulgated an Ordinance viz. The Rice Milling Industry (Regulation) (West Bengal Second Amendment) Ordinance, 1974, whereby the Rice Milling Industry (Regulation) Act, 1958, in its application to West Bengal has been amended. By Section 3 of the Ordinance a new Section 6-A has been inserted in the Rice Milling Industry (Regulation) Act, 1958. The said Ordinance was published in the Calcutta Gazette extraordinary issue dated 31st October, 1974. The new Section 6-A (3) (a) provides that the licencee shall recover from every custome...
Commissioner of Income-tax (Central) Vs. New Central Jute Mills Co. Lt ...
Court: Kolkata
Decided on: Dec-20-1974
Reported in: [1976]105ITR262(Cal)
Sabyasachi Mukharji J.1. In order to appreciate the controversy in this case it would be relevant to refer to certain facts. It appears that on 30th November, 1954, there was half-yearly closing of account by Lothian jute Mills Co. Ltd. and the accounts for the half-year ended on 30th November, 1954, were drawn up by the Lothian Jute Mills Co. Ltd, The said accounts disclosed a surplus profit of Rs. 2,38.754-8-7. On the 9th February, 1955, the directors submitted their report to the shareholders in respect of the half-yearly account up to 30th November. 1954. The directors recommended distribution of dividend Out of the aforesaid profit of Rs. 2,38,754-8-7 as follows: ' Preference shares at Rs. 3-8-0 per share amounting to Rs. 35,000 and ordinary shares at Rs. 15 per share amounting to Rs. 1,50,000. Distribution of dividend has left a balance of Rs. 53,754-8-7 which was carried forward. The Lothian Jute Mills Co. Ltd. on the 24th March, 1955, distributed to the shareholders the aforesa...
Commissioner of Income-tax Vs. Ashok Glass Works
Court: Kolkata
Decided on: Dec-19-1974
Reported in: [1976]103ITR379(Cal)
Sabyasachi Mukharji, J.1. This is a reference under Section 66(1) of the Indian Income-tax Act, 1922, We are concerned in this reference with the assessment year 1958-59. The assessee is a registered firm carrying on business of manufacture of glass and money-lending. The accounts of the glass business were maintained for the Ram Navami year, i.e., the year ending 12th April, 1958. The money-lending books were closed on June 29, 1957. Two partners were Ramnivas Jhunjhunwalla and Birmadutt Jhunjhunwalla. They claimed to have made gifts of Rs. 3,75,000 to their respective nephews, and also other gifts by them. In the case of another partner, Murarilal, there were also certain gifts. We need not refer in detail to the actual amounts of gifts made. In all the cases, respective gifts were only by debiting the accounts of the respective donors and crediting the accounts of the respective donees, who were all minors. Before these gifts in June, 1955, Ramnivas had to his credit with the firm R...
Commissioner of Income-tax Vs. Birla Brothers Private Ltd.
Court: Kolkata
Decided on: Dec-17-1974
Reported in: [1987]165ITR588(Cal)
Sayasachi Mukharji, J.1. We are concerned with the assessment years 1960-61, 1961-62 and 1962-63, in this reference under Section 256(1) of the Income-tax Act, 1961. The assessee is a private limited company. One of the businesses of the assessee-company is that of managing several other companies situate both in India and Pakistan and thereby to earn managing agency commission. One of such managed companies is Sutlej Cotton Mills Ltd. situate in Okara (Pakistan). The assessee-company was appointed as their managing agents by an agreement dated May 16, 1936. The managed company though registered in India has its factory in Pakistan. The assessee-company has its head office in India. The Income-tax Officer, in view of the 'Two-man Committee Report' and ' Avoidance of Double Taxation Agreement ' with Pakistan, taxed 50% of the managing agency commission from Sutlej Cotton Mills Ltd. in the hands of the assessee-company. The other half of the managing agency commission was brought to tax ...
Parshva Properties Ltd. Vs. Commissioner of Income-tax, Central
Court: Kolkata
Decided on: Dec-17-1974
Reported in: [1976]104ITR631(Cal)
Sabyasachi Mukharji, J. 1. In this reference we are concerned with the question of deducibility of certain expenses incurred in relation to a criminal proceeding initiated against the officers of the assessee-company. The assessee is a private limited company and the assessment year involved is 1959-60. The business of the company was in quarrying lime-stone. The assessee-company also derived income from the property, letting on hire of furnitures, etc. One of the contentions urged before the Tribunal was that the Income-tax Officer and the Appellate Assistant Commissioner had erred in not allowing as deduction, expenditure to the extent of Rs. 17,057 alleged to have been incurred in defending certain employees of the company in a case which arose consequent to an accident which occurred in the mines. The amount of Rs. 17,057 included an amount of Rs. 3,000 which was paid as fine. In order to appreciate the question, it is necessary to mention that the accident occurred on the 25th Apr...
Commissioner of Income-tax Vs. Prem Chand Jute Mills Ltd.
Court: Kolkata
Decided on: Dec-13-1974
Reported in: [1978]114ITR769(Cal)
Sabyasachi Mukharji, J.1. Whether the amount realised as a result of leasing out of the mill, Premchand Jute Mills Ltd., was income assessable under Section 28 of the Income-tax Act, 1961?', is the main question that falls for determination in this reference under Section 256(1) of the Income-tax Act, 1961. We are concerned with the assessment for the year 1962-63. The relevant previous year ended on the 13th April, 1962. The assessee-company had been carrying on business of manufacture of jute goods having been incorporated in 1938 with an issued capital of about rupees 40 lakhs. It was under the control of two families which held equally 93% of its shares. The mill had 604 looms and was being run by steam power, but orders had been placed for running the mills by electric power at the cost of Rs. 5.45 lakhs. It appears that quarrels arose among the members of the two families resulting in a practical deadlock in the management of the assessee-company. Since it was found impossible to...
Commercial Tax Officer and ors. Vs. Vishnu Agencies (P.) Ltd.
Court: Kolkata
Decided on: Dec-13-1974
Reported in: [1975]36STC527(Cal)
S.K. Roy Chowdhury, J.1. This is an appeal from a judgment and order making a rule issued in the writ petition against the appellant absolute.2. The relevant facts of the case which are not very much in dispute are as follows:3. Respondent No. 1, Messrs. Vishnu Agencies Private Ltd., is a registered dealer under the Bengal Finance (Sales Tax) Act, 1941, and a licensed stockist and dealer of cement, which is a controlled commodity and its distribution is completely regulated by the West Bengal Cement Control Act and the orders and notifications made thereunder.4. There is no dispute that respondent No. 1 is a licensed stockist under the said Cement Control Act and the orders and notifications made thereunder from time to time.5. The only question raised in this appeal is whether the transactions between respondent No. 1, Messrs. Vishnu Agencies Private Ltd., and the permit licence-holders for cement Issued by the Director of Textile and Consumer Goods, and West Bengal State Licensing Au...
Ashoke Kumar Dutta Vs. the State of ors.
Court: Kolkata
Decided on: Dec-13-1974
Reported in: 1975CriLJ1054
Bimal Chandra Basak, J.1. This is an application for a Writ in thef; nature of Habeas Corpus challenging the order of detention passed bv the Commissioner of Police. Calcutta, on the l3th July, 1974 in exercise of powers confer-I fed by Sub-section (1) (a) (ii) read with r Sub-section (2) of Section 3 of the Main-. I penance of Internal Security Act, 1971 (hereinafter referred to as the said Act). The said order was made with a view to i preventing the petitioner from acting in a manner prejudicial to the maintenance of public order. The grounds of detention which were served on the detenu relies on the incident set out hereinbelow :-That at about 22.00 hours on 28-1-1974, you alone with vour associates, all belonging to Sibnarayan Das Lane (Calcutta) group being armed with iron rods and bombs formed an unlawful assembly on Guru Prasad Chowdhurv Lane. Calcutta and committed riot with your rivals, belonging to Guru Prasad Chowdhury Lane (Calcutta) Group over old enmitv on Guru Prasad Ch...
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