Kolkata Court August 1974 Judgments
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Eastern Scales (P.) Ltd. Vs. Commr. of Inc.-tax
Court: Kolkata
Decided on: Aug-12-1974
Reported in: [1979]117ITR488(Cal)
Sabyasachi Mukharji, J.1. In this reference under Section 66(2) of the Indian I.T. Act, 1922, the following question had been referred to this court:'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in holding that the disallowance made out of the salary paid to Mr. J. D. Somerville could be sustained under Section 10(4A) of the Indian Income-tax Act, 1922 ?'2. This reference arises out of the assessment for assessment years 1960-61 and 1961-62. The assessee is a private limited company. The shareholders of the company are Mr. J. H. Somerville, the managing director of the company, his wife and son. The company originally employed Mr. J.D. Somerville on September 8, 1951, as sales manager of the company at a monthly salary of Rs. 1,200 and an increment of Rs. 300 was given with effect from January 1, 1952. Further increment of salary was given with effect from April 1, 1953. Later on, he was promoted as director with effect from July 6, 195...
D.N. Sinha Pvt. Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Aug-12-1974
Reported in: [1976]102ITR491(Cal)
Sabyasachi Mukharji, J.1. The assessee is a private limited company carrying on business of dealing in petroleum products and automobile spare parts. This reference arises out of the assessment years 1961-62 and 1962-63, the relevant previous years being Samvat years 2018 and 2019 which ended on October 20, 1960, and November 8, 1961, respectively. It appears that there were three directors of the company, namely, Sri D.N. Sinha, Sri P. N. Sinha and Smt. Karunamoyee Sinha at the material times. Sri P. N. Sinha is the son of Sri D.N. Sinha and Smt. Karurnamoyee Sinha is his wife. Sri D.N. Sinha was the managing director. On February 8, 1961, the board of directors of the assessee-company increased the remuneration of Sri D.N. Sinha from Rs. 8,400 per annum to Rs. 12,000 per annum. A chart was produced giving the turnover and profits of the assessee for the relevant years which is to the following effect:Assessment yearTurnoverProfit as per P & L A/C. Rs.Rs.1960-61 9,19,234 3141961-62 9,...
Commissioner of Wealth-tax Vs. Phipson and Company Private Ltd.
Court: Kolkata
Decided on: Aug-08-1974
Reported in: [1977]110ITR64(Cal)
Sabyasachi Mukharji, J.1. In this case we are concerned with the assessments under the Wealth-tax Act, 1957, for the assessment years 1957-58, 1958-59 and 1959-60, the corresponding valuation dates being the 31st December, 1956, 31st December, 1957, and 31st December, 1958, respectively. The assessee is a company. The net wealth of the assessee-company had been determined by the Wealth-tax Officer for all these years under Section 7(2)(a) of the Wealth-tax Act, 1957, on the global basis by deducting from the total value of the assets as appearing on the balance-sheets as on the relevant dates the total liabilities as on the corresponding dates. In the account of the first year with which we are concerned in this reference the Wealth-tax Officer found that the company had written off the goodwill shown at a figure of about Rs. 6 lakhs in the earlier years almost the entire sum leaving a token balance of Re, 1 only. Goodwill had always been shown on the assets side of the balance-sheet p...
Ballabhdas Ishwardas Vs. Commr. of Inc.-tax
Court: Kolkata
Decided on: Aug-05-1974
Reported in: [1979]116ITR685(Cal)
Sabyasachi Mukharji, J.1. The assessee is a firm registered under the Indian I.T. Act, 1922. It carries on business of railway catering contracts. The reference relates to the assessment year 1955-56, the previous year being calendar year 1954. The assessment was completed on the 26th February, 1960, on a total income of Rs. 2,32,158 and the demand notice was served on the assessee-firm on 7th March, 1960. The assessee filed an appeal before the AAC challenging certain disallowances. The appeal was allowed partly. Thereafter, there was a further appeal before the Tribunal. Certain contentions about disallowances were made there with which we are not concerned in this reference.2. It was submitted at the time of the hearing of the appeal before the Tribunal that the assessee-firm consisted of two partners, Ballabhdas Agarwal and Ishwardas Agarwal. For the assessment year 1955-56, the two partners had duly submitted their returns showing an estimate of share income from the assessee-firm...
The Motor Owners' Insurance Co. Ltd. and Anr. Vs. Hrishikesh Das and O ...
Court: Kolkata
Decided on: Aug-02-1974
Reported in: AIR1975Cal218,79CWN517
Laik, J.1. These are the two appeals jointly by the Insurance Company (hereinafter referred to as the Company) and by one of the owners of the Bus -- one appeal against the husband Hrishikesh, and the other against the wife, Kaiyani.2. The appeals arose out of two applications, one by the husband and the other by the wife, giving rise to Motor Vehicle Case Nos. 31 and 32 of 1965, under Section 110-A of the Motor Vehicles Act (hereinafter referred to as the Act) for the recovery of compensation based on the same accident at Digha, when the bus knocked down both the petitioners, causing serious injuries to them.3. The husband laid his claim at Rs. 10,000/- and the wife laid her claim at Rs. 35,000/-. Both the applications were heard analogously on the same set of evidence by the Motor Accidents Claims Tribunal viz., the District Judge, Midnapore.4. The Tribunal below awarded a sum of Rs. 5,600/- towards the compensation of the husband and a sum of Rs. 13,681/- for the wife.5. Against the...
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