Kolkata Court January 1978 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Union of India (Uoi) and ors. Vs. Haribhai Vithalji Soni
Court: Kolkata
Decided on: Jan-19-1978
Reported in: 1979CriLJ423
Anil K. Sen, J.1. This is an appeal under Clause 15 of the Letters Patent and is directed against the judgment and order dated Feb 19, 1976, passed by our learned brother P. K. Banerjee, J. in C. R. 4819(W)/72. By that order our learned brother allowed the writ petition and quashed an order of confiscation with penalty passed under Section 71 of the Gold Control Act, 1968 (hereinafter referred to as the said Act) read with Section 74 thereof as affirmed by the appellate authority. The material facts are not in dispute and may shortly be set out as hereunder:2. On June 25, 1968, the officers of the Customs Department seized on a search at premises No. 13 Armenian Street, Calcutta, 2438.40 grams of primary gold and 1841 grams of gold ornaments together with currency notes valued at Rs. 20,000/-. Such seizure was made under Rule 126L(2) of the Gold Control Rules incorporated in Part XIIA of the Defence of India Rules 1962. Pursuant to the said seizure on Dec. 19, 1968, a show cause notice...
Ashru Bindu Ray Vs. Chittaranjan Banerjee and ors.
Court: Kolkata
Decided on: Jan-19-1978
Reported in: 1978CriLJ557
ORDERSudhamay Basu, J.1. This rule was obtained in respect of an order dated the 7th of July, 1976 passed by the Metropolitan Magistrate, 16th Court, Calcutta in case No. C/602 of 1975 tinder Section 408 IPC rejecting the prayer of the petitioner for staying the proceedings till the disposal of suit No. 458 of 1975 pending the original side of this High Court.2. It appears that on 30-10-1975 the opposite party No .1 on behalf of Sahujain Sewices Limited filed a complaint against the petitioner for having committed an offence punishable Under Section 408 IPC before the Additional Chief Metropolitan Magistrate. After summons was issued the petitioner entered appearance. The case was transferred to the Metropolitan Magistrate, 16th Court, for disposal. It further appears that M/s. Sahujain Services Limited had filed a. civil suit against the petitioner on 12-8-75 in the original side of the High Court praying for a decree for Rs. 64380.63 with interest, inter alia, on the grounds that the...
Commissioner of Income-tax Vs. Eastern Bengal Jute Trading Co. Ltd.
Court: Kolkata
Decided on: Jan-18-1978
Reported in: [1978]48CompCas262(Cal),[1978]112ITR575(Cal)
Sabyasachi Mukharj, J. 1. In this reference under Section 256(2) of the Income-tax Act, 1961, the Tribunal has referred the following question as directed by this court I ' Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee could elect to be assessed on the basis of the cash system of accounting aud in directing the Income-tax Officer to make assessment on the basis.' 2. We are concerned in this reference with the assessment year 1966-67. The assessee is a company. Its income was mainly derived from interest. It had some dividend income also. The accounting year under consideration ended on the 30th June, 1965. The directors passed a resolution on the 28th March, 1965, stating that with effect from the year starting with 1st of July, 1964, the company would change the method of accounting from mercantile basis to cash basis and that this new method should be regularly followed in maintaining the company's books of accounts ye...
Commissioner of Income-tax (Central) Vs. Model Manufacturing Co. (P.) ...
Court: Kolkata
Decided on: Jan-18-1978
Reported in: [1980]122ITR767(Cal)
Sen, J.1. This is a consolidated reference under section 256(1) of the I.T. Act, 1961, at the instance of the Commissioner of Income-tax (Central), Calcutta, and arises out of the assessment of the Model ., the assessee, for the assessment years 1962-63 and 1963-64. The question referred is as follows :' Whether, on the facts and in the circumstances of the case, the Tribunal was right in directing the Income-tax Officer to allow interest of Rs. 70,875 and Rs, 1,48,116 against its income from 'other sources' for the assessment years 1962-63 and 1963-64, respectively, under section 57 of Income-tax Act, 1961 '2. The admitted facts and the facts found are, shortly, that the assessee carries on business as selling agents and also in speculation and in other commodities. At the instance of N. L. Kanoria, its director, the assessee purchased 10,100 shares in the New City of Bombay ., a well-established cotton mill in Bombay (hereinafter referred to as the Bombay company), in the names of th...
Commissioner of Income-tax (Central) Vs. Rishabh Investment Ltd.
Court: Kolkata
Decided on: Jan-18-1978
Reported in: [1979]117ITR962(Cal)
Sabyasachi Mukharji, J.1. This is a reference under Section 66(1) of the Indian I.T. Act, 1922. The reference relates to the assessment years 1957-58 and 1958-59 the relevant accounting years being the English calendar years 1956 and 1957, respectively. The assessee is a public limited company. The assessee was dealing exclusively in shares of joint stock companies. For the said purpose, the assessee had entered into certain contracts with the well-known firm of share brokers, viz., M/s. Sohanlal Pachesia. During the material period, the assessee had purchased the following shares of Rohtas Industries Ltd., under three separate contracts:(a) 53,000 shares under contract No. 3091, dated 10th April, 1956, at Rs. 22-6-0 per share. (b) 53,600 shares under contract No. 3092, dated 10th April, 1956, at Rs. 22-7-0, and (c) 1,06,000 shares under contract No. 420, dated 23rd May, 1956,at Rs. 13/23 per share. 2. First above two items of shares were to be delivered in the middle of July, 1956. T...
Commissioner of Wealth-tax Vs. Aditya Vikram Birla
Court: Kolkata
Decided on: Jan-16-1978
Reported in: [1978]114ITR711(Cal)
Sen, J.1. The question of law which has been referred to this court under Section 27(1) of the Wealth-tax Act, 1957, at the instance of the Commissioner of Wealth-tax, West Bengal-I, Calcutta, is as follows :'Whether, on the facts and in the circumstances of the case and on a correct interpretation of Section 5(1)(viii) of the Wealth-tax Act, 1957, as it stood before and after amendment by Finance (No. 2) Act of 1971, the Tribunal was right in holding that ornaments intended for personal use not studded with precious or semi-precious stones were not liable to be included in the assessee's net wealth for the assessment year 1970-71 ?'2. The reference arises out of the assessment of wealth-tax of Aditya Vikram Birla, the assessee, for the assessment year 1970-71. In his return the assessee did not include jewellery intended for his personal use in his net wealth on the ground that on the relevant valuation date such jewellery, that is, jewellery intended for personal use was exempt under...
Commissioner of Wealth-tax Vs. B.N. Chowdhury
Court: Kolkata
Decided on: Jan-16-1978
Reported in: [1978]112ITR725(Cal)
Sen, J.1. In this consolidated reference under Sections 27(1) and 27(3) of the Wealth-tax Act, 1957, the facts found and/or admitted are that the assessee executed a deed of trust on the 12th April, 1957, conveying properties to his brother, S. N. Chowdhury, to hold the same in trust for the benefit of the latter's wife and minor children. On the same day, S. N. Chowdhury also created a similar trust of assets and properties of similar value for the benefit of the assessee's wife and minor children and appointed the assessee as the trustee thereof.2. The Wealth-tax Officer applying Section 4(1)(a) of the Wealth-tax Act, 1957, included in the net wealth of the assessee the value of assets transferred to the assessee's brother on trust as aforesaid. On appeal, the Appellate Assistant Commissioner sustained the decision of the Wealth-tax Officer in respect of the assessment years 1958-59 and 1959-60. In thesubsequent assessment years 1960-61 and 1961-62, the Appellate Assistant Commission...
Union of India (Uoi) Vs. Sikri and Sons
Court: Kolkata
Decided on: Jan-16-1978
Reported in: 82CWN519,[1978]112ITR529(Cal)
M.M. Dutt, J.1. This rule is at the instance of the revenue and it is directed against the order of the Presidency Divisional Commissioner.2. On March 26, 1969, the Income-tax Officer, Companies District IV, Calcutta, ' M ' Ward, forwarded a certificate for the recovery of advance tax from the opposite party under Section 222(1) of the Income-tax Act, 1961, hereinafter referred to as the Act, for the sum of Rs. 6,926 in respect of the financial year corresponding to the assessment year 1967-68. The certificate was issued by the Income-tax Officer as the opposite party defaulted to pay the said sum of money on account of advance tax. The opposite party opposed the certificate proceeding by a petition of objection. It was, inter alia, contended by him that the Income-tax Officer had no jurisdiction to issue the certificate or to realise advance tax under the provisions of the Act. By his order dated April 8, 1969, the Income-tax Officer overruled the said contention and rejected the peti...
A.K. Dutta Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jan-16-1978
Reported in: (1978)IILLJ337Cal
G.N. Roy, J.1. This Rule is directed against a departmental inquiry being conducted against the petitioner in terms of Memo No. 88/CVC/71-CDE (D), dated 6th of July, 1973 issued by Shri D.N. Pande, the Commissioner for departmental inquiries being Annexure 'N' to the writ petition. The petitioner in the instant Rule is a Zoologist serving Zoological Survey of India. The said officer was charge-sheeted by Shri S.P. Joshi, Deputy Secretary, Government of India, Ministry of Education, by his Memo dated 12th of March, 1969 being Annexure 'C' to the writ petition. It will appear from the statement of article of charges framed against the petitioner that four charges were framed against the petitioner for various lapses alleged in the said statement of articles of charges. Along with the said charge-sheet a statement of imputation of misconduct or mis-behaviour in respect of the articles of charges made against the petitioner was also forwarded to the petitioner and a list of documents by wh...
Commissioner of Income-tax Vs. Rajasthan Investment Co. (P.) Ltd.
Court: Kolkata
Decided on: Jan-13-1978
Reported in: [1978]113ITR294(Cal)
Dipak Kumar Sen, J.1. This reference arises out of the income-tax assessment of Messrs. Rajasthan Investment Co. Private Ltd., the assessee, for the assessment years 1968-69, 1969-70, 1970-71 and 1971-72, the relevant previous years ending on the 30th April of 1967, 1968, 1969 and 1970, respectively.2. The facts found and/or admitted in these proceedings are shortly as follows:The assessee is an investment company and its source of income is interest received from loans and advances. Its period of account ends on the 30th April each year.3. The assessee used to maintain its accounts on the mercantile basis. By a resolution of the board of directors of the assessee passed on the 17th March, 1966, it was resolved that with effect from the then current accounting year, i.e., the 1st May, 1966, the assessee would change its method of accounting from mercantile basis to cash basis and this new method should thereafter be regularly followed from year to year.4. As a result of this change fro...
- ‹ Prev
- 1
- 2
- 4
- 5
- Next ›
- Last »