Kolkata Court August 1975 Judgments
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R.L. Rajgharia Vs. Income-tax Officer and ors.
Court: Kolkata
Decided on: Aug-12-1975
Reported in: [1977]107ITR347(Cal)
Sabyasachi Mukharji, J.1. In this application under Article 226 of the Constitution the petitioner has challenged an order and/or direction of the Income-tax Tribunal. The question has arisen in respect of assessment year 1962-63. In that year the assessee had claimed loss of Rs. 23,100 to be set off against his business income. The said loss had arisen, according to the assessee, in share dealing and as such the assessee was entitled to set off the said loss against his other income. The Income-tax Officer in his order of assessment came to the view that the said loss of Rs. 23,100 was speculative loss and as such not entitled to be set off against business gains. The assessee preferred an appeal before the Appellate Assistant Commissioner. The Appellate Assistant Commissioner agreed with the view of the Income-tax Officer. The assessee thereupon preferred an appeal to the Income-tax Appellate Tribunal. By an order dated the 16th December, 1969, the Appellate Tribunal disposed of the ...
Shyam Sunder Swaika Vs. Ganga Vishnu Swaika and ors.
Court: Kolkata
Decided on: Aug-11-1975
Reported in: AIR1976Cal60
ORDERRamendra Mohan Datta, J.1. Disputes and differences having arisen in the family of the Swaikas on or about May 4, 1972 a partition and administration suit being Suit no. 191 of 1972 (Shyam Sunder Swaika v. Ganga Vishnu Swaika and others') was instituted.On the very same date an interlocutory application for appointment of a receiver was moved before this Court on behalf of the plaintiff. In course of hearing it was felt that there was every likelihood of a protracted litigation whereby the family would suffer irreparable loss and prejudice, if the suit was allowed to be proceeded. There were several businesses involved besides movable and immovable properties.2. At the intervention of the respective lawyers it was thought that the disputes and differences might be solved by referring the subject-matter of the disputes involved in the suit, to the arbitration of two persons in whom both sides held implicit faith and confidence. The parties agreed and the application was adjourned. ...
Ganesh Chandra Khan Vs. Income-tax Officer, a Ward and anr.
Court: Kolkata
Decided on: Aug-11-1975
Reported in: [1978]111ITR934(Cal)
Sabyasachi Mukharji, J.1. The petitioner, Shri Ganesh Chandra Khan, in this application under article 226 of the Constitution, challenges three notices all dated 25th of May, 1971, issued under Section 148 of the Income-tax Act, 1961, by the Income-tax Officer, 'A' Ward, Hooghly, for the assessment years 1963-64, 1964-65 and 1965-66. It is the case of the petitioner that the petitioner No. 1 is one of the trustees of the separated trust of one Jogendra Chandra Khan. The other trustee is Smt. Annapurna Khan, wife of the petitioner. The petitioner states that the petitioner is the sole beneficiary of the said trust. For the assessment year 1963-64, the petitioner filed a return showing an income of Rs. 9,617. The Income-tax Officer, however, computed the total income of the petitioner at a sum of Rs. 15,038 of which the house property income was computed at Rs. 11,582. The immovable properties which were subjected to tax included one house property being premises No. 9/1, Gariahat Road, ...
Commissioner of Income-tax Vs. Engineering Works of India (P.) Ltd.
Court: Kolkata
Decided on: Aug-08-1975
Reported in: [1977]108ITR11(Cal)
Deb, J. 1. The following question is involved in this reference under Section 256(1) of the Income-tax Act, 1961 : 'Whether the Tribunal was right in holding that the items that were not fully destroyed in the lire and which had been retained by the assessee and had not been discarded would not come for consideration in determining the profits under Section 41(2) of the Income-tax Act, 1961 ?' 2. The statement of the case relates to the assessment year 1961-62, the relevant accounting period ending on June 30, 1960. The assessee carries on business as a manufacturer of electrical goods. Its fixed assets, finished and unfinished goods, stock-in-trade, raw matrials and stores were covered by several fire insurance policies, A few days prior to the commencement of the accounting year a fire broke out in the business premises of the assessee. Thereafter, on the survey report dated October 26, 1959, the insurers paid certain sums of money to the assessee including a sum of Rs. 3,39,327. The...
National Hotel and Dilkusha CabIn Vs. Income-tax Officer, a Ward and a ...
Court: Kolkata
Decided on: Aug-08-1975
Reported in: [1977]107ITR559(Cal)
Sabyasachi Mukharji, J.1. This is an application challenging the assessment made under Section 144 of the Income-tax Act, 1961, for the assessment years 1967-68 and 1968-69. The assessee is National Hotel which runs a popular eating house in Calcutta known as Dilkusha Cabin. The assessee was represented by a receiver appointed by this court in Suit No. 890 of 1969. After the receiver took possession he found that no return had been filed for the assessment years 1967-68 and 1968-69. The receiver had received a notice under Section 139(2) of the Income-tax Act, 1961. As he was unaware of the true position he applied for time to enable him to deal with the notice. The receiver, thereafter, found that no return had been filed nor any application had been made for extension of time to submit return. The receiver also did not file any application for extension of time to file return. These facts are not in dispute. Thereupon, the petitioner appeared on the 7th of October, 1971, before the r...
i.C. and E. Morton (India) Limited and ors. Vs. Superintendent of Cent ...
Court: Kolkata
Decided on: Aug-08-1975
Reported in: 1980(6)ELT99(Cal)
ORDERA.K. Mookherjee, J.1. Petitioners carry on the business of manufacturing various kinds of confectionery in their factory at Marhowrah in Bihar and sells its products under the trade name 'Morton'. In course of manufacture of confectionery, various small bits and dusts of assorted sorts fallen out into the trays and on the floor, the accumulate of which are known as 'scraps'. The said scrap is, therefore, collected and sold at a nominal price of about 1.10 per Kg. (as against the average price of about 7.50 per Kg. for the actual confectionery) to the various small buyers, who usually melt the same to extract sugar for the purpose of preparing cheap syrups used in preparation of lowgrade sweetmeats. The said scrap is not known or sold in the market as confectionery' nor is the same covered by any of the items in the Schedule to the Central Excises and Salt Act, 1944 (hereinafter referred to as the 'Act').2. The said scrap is not edible or sold for consumption as such. Between the p...
National Cement, Mines and Industries Ltd. Vs. Commissioner of Income- ...
Court: Kolkata
Decided on: Aug-07-1975
Reported in: [1977]108ITR64(Cal)
Deb J. 1. This is a reference tinder Section 66(2) of the Income-tax Act, 1961. It relates to the assessment year 1955-56, the relevant previous year ending on May 31, 1954.2. The assessee was carrying on business in mining and mining leases. In 1941, the assessee took a prospecting licence from the Government of Uttar Pradesh for prospecting marl and incurred an expenditure of Rs. 1,63,832 in prospecting operations in that year. In 1946, the assessee took a mining lease of those lands and developed them by incurring an expenditure of Rs. 1,90,618. The total sum thus spent by the assessee was Rs. 3,54,449 and this amount was shown in its balance-sheet as an asset as on 31st May, 1954. In the meantime, the assessee surrendered the said lease on February 2, 1954, inasmuch as the mining operation was found to be uneconomical and then, in the next year, after writing off this amount, claimed the sum as a business loss in the assessment year under consideration. The Income-tax Officer has d...
Sunil Chandra Nawn Vs. Union of India and ors.
Court: Kolkata
Decided on: Aug-07-1975
Reported in: (1976)5CTR(Cal)180
ORDERS. Mukharji, J. :- In this application the question that arises for consideration, is whether the Income-tax Act, 1961 contains levies on capital assets and therefore to that extent Wealth Tax Act, 1957 containing those levies has been impliedly repealed. This question arises in this application under Article 226 of the Constitution of India.2. At all the material times the petitioner had income from house property and land shares in companies and had earned certain income as directors remuneration. The petitioner is also an assessee under the Wealth Tax Act and on the 12th of February, 1964 the petitioner was assessed to wealth tax for the assessment year 1962-63 under S. 16 (5) of the Wealth Tax Act, 1957 on a net total wealth of Rs. 10,00,000/-. On the 20th of February, 1964 Income-tax-cum-Wealth-tax Officer served a notice of demand directing the petitioner to pay wealth-tax of Rs. 8,000/- for the aforesaid assessment year. The petitioner presented an appeal to the Appellate A...
Apurba Chandra Sen Vs. Kamal Kumar Dutta
Court: Kolkata
Decided on: Aug-06-1975
Reported in: AIR1976Cal62
R. Bhattacharya, J. 1. This second appeal is by the defendant against the decision of the Additional District Judge in a Title Appeal, affirming the judgment and the decree passed in the original Title suit in the Court of Munsif at Alipore where the plaintiff-respondant obtained a degree for eviction of the defendant an the ground of reasonable requirement for the suit premises for his own use and occupation.2. In the original suit the plaintiff, Kamal Kumar Dutta alleged that the defendant. Apurba Chandra Sen was a monthly tenant in respect of the suit premises under him. The suit premises is 16/1B, Prince Golam Mohammed Road which the plaintiff got as a legatee by virtue of a will executed by his mother, the owner of the said house and other ones. The plaintiff's mother bequeathed another house which is premises no. 51, Lansdowne Terrace to two other sons, Sudhir and Salil. The plaintiff an unmarried person was living in the said premises No. 51. Lansdowne Terrace belonging to Sudhi...
Bharati Pvt. Ltd. Vs. Income-tax Officer and ors.
Court: Kolkata
Decided on: Aug-04-1975
Reported in: [1977]106ITR992(Cal)
Sabyasachi Mukharji, J.1. In this application under article 226 of the Constitution the petitioner, which is a company registered under the Companies Act, 1956, challenges the notice dated the 29th of March, 1968, issued under Section 148 of the Income-tax Act, 1961, re-opening the assessment for the assessment year 1959-60 under the Income-tax Act, 1961. The petitioner contends that there is no material for the issuance of the said notice. Inasmuch as the said notice was issued beyond the period of four years from the end of the relevant assessment year the said notice must have been issued under Clause (a) to Section 147 of the Income-tax Act, 1961. The provisions of the said section are well known and the material part of the said section provides as follows : 'If- (a) the Income-tax Officer has reason to believe that, by reason of the omission or failure on the part of an assessee to make a return under Section 139 for any assessment year to the Income-tax Officer, or to disclose ...
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