Kolkata Court March 1978 Judgments
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Ashok Finance Corporation Vs. Sardar Bhag Singh and ors.
Court: Kolkata
Decided on: Mar-17-1978
Reported in: AIR1978Cal516
ORDERPadma Khastgir, J. 1. This application has been taken out on behalf of the plaintiff for setting aside an abatement, recording the death of the defendant No. 1, the widow and the son of the said deceased defendant be substituted in the place and stead of Sardar Bhag Singh and other consequential reliefs. The Master's Summons was taken out on 11th Nov., 1976.2. The facts of this case are that on 14th Jan. 1970 the suit was instituted by the plaintiff against the defendants for recovery of a sum of Rs. 12,542.95 being the arrears of hires due from the defendants under a hire purchase agreement and also for a declaration that the plaintiff is the owner of a motor vehicle bearing Police Registration No. WGG 8074 and the possession thereof and in the alternative, a decree for Rs. 40,000 being the present market value of the said vehicle. The writ of summons was served on the defendants Nos. 1 and 2. Mr. T. Goswami, Solicitor entered appearance on behalf of the defendant No. 1 and Mr. B...
income-tax Officer, e Ward and ors. Vs. Chandi Prasad Modi
Court: Kolkata
Decided on: Mar-17-1978
Reported in: [1979]119ITR340(Cal)
R. N. Pyne, J.18. In this appeal, which is directed against a judgment and order of T. K. Basu J. dated Sept. 5, 1972 (see p. 343 supra), we are concerned with the question of the validity of a notice dated 18th March, 1965, given under Section 148 of the I.T. Act (hereinafter referred to as ' the Act ') seeking to reopen the assessment of the respondent's firm for the assessment year 1948-49. The said notice was addressed by the appellant-ITO to 'Messrs. Bhimraj Banshidhar of 180, Mahatma Gandhi Road, Calcutta.'19. The respondent in an application made under Article 226 of the Constitution challenged the said notice on the ground, inter alia, that being vaguethe said notice was invalid. This contention was accepted by the court of first instance. Therefore, the only point that fell for consideration in the said application before the court of first instance and which also arises in the instant appeal is whether the said notice is vitiated due to any vagueness in the notice. To appreci...
M.M. Thapar Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Mar-17-1978
Reported in: [1978]114ITR331(Cal)
Sen, J. 1. This reference arises out of the income-tax assessment of M. M. Thapar of Calcutta, the assessee, in the assessment years 1965-66 to 1969-70, the previous years being the financial years from 1964-65 onwards. The facts found and/or admitted are, inter alia, that the assessee had during the said assessment years earned taxable income, but, for payment of tax, he borrowed money. In the assessments, he claimed deductions of the interest paid on such borrowings.2. The Income-tax Officer rejected the assessee's claim. On further appeal, the Appellate Assistant Commissioner took the view that the purpose of the borrowing, on which interest was paid, was payment of taxes and not investment and, therefore, the assessee was not entitled to any deduction., It was also urged before the Appellate Assistant Commissioner that a part of such interest paid was attributable to loans raised for payment of annuity deposit by the assessee and such interest should be allowed as an expenditure un...
Baijnath Saboo and Ors. Vs. Income-tax Officer, 'J' Ward and Ors.
Court: Kolkata
Decided on: Mar-17-1978
Reported in: [1978]113ITR303(Cal)
Sauyasachi Mukharji, J. 1. In this application under Article 226 of the Constitution the subject-matter of challenge is a notice issued under Section 148 of the Income-tax Act, 1961, dated the 29th March, 1973, for the assessment year 1968-69. The petitioners are the trustees of a trust known as Birla Janakalyan Trust. The assessment for the assessment year 1968-69 in respect of the said trust was completed on or about 27th February, 1969. As the trust in respect of which the petitioners are the trustees is a public charitable trust, the income of the said trust was entirely exempt. The said trust had claimed that it had received as gift certain shares from a private trust and, therefore, the taxes that were deducted at source in respect of the dividends on the shares which had been gifted to the public charitable trust, were refunded to the trust of which the petitioners are the trustees. It transpired or came to the knowledge of the Income-tax Officer, according to him, that the gift...
Tinsukia Development Corporation Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Mar-16-1978
Reported in: [1979]120ITR466(Cal)
Dipak Kumar Sen, J.1. This reference under Section 256(1) of the I. T. Act, 1961, arises out of the income-tax assessment of Tinsukia Development Corporation Ltd., the assessee, in the assessment years 1966-67, 1967-68 and 1968-69.2. The facts found and/or admitted are shortly that the assessee was formed with the objects, inter alia, of acquiring land, developing the same, making constructions thereon and dealing with them. The assessee obtained from the Government of Assam a large area of land for development and construction of bustees under a lease for the period from 1st April, 1934, to 31st March, 1964. After 1964, this lease has been extended by the Government from time to time by notifications. In the assessment years in question, the assessee continued to be a lessee under the said lease.3. The assessee set up bustees on the land, the constructions put up by the assessee therein being structures with no foundations but with light plinth or floors and walls made of planks of un...
income-tax Officer, a Ward and ors. Vs. R.L. Rajghoria
Court: Kolkata
Decided on: Mar-16-1978
Reported in: [1979]119ITR872(Cal)
D.C. Chakravorti, J.1. This appeal by the Income-tax Officer, 'J' Ward, District V(A), is from the decision of Sabyasachi Mukharji J. (reported in : [1977]107ITR347(Cal) ) taken on an application under Article 226 of the Constitution of India wherein the propriety of an order of the Income-tax Appellate Tribunal dated October 15, 1971, was challenged.2. The case of the petitioners-respondent stated succinctly is as follows : The respondent, who is a businessman, deals in share transactions also. He has income from different sources. The ITO, 'J' Ward, District V(A), Calcutta, assessed the respondent's total income, being Rs. 49,928, under Section 143(3) of the I.T. Act, 1961, in respect of the assessment year 1962-63. In his return for the relevant year the respondent had shown a loss of Rs. 23,100 in share transactions on the ground that he purchased througha share broker 15,000 ordinary shares of M/s. Hindusthan Motors Ltd. on 5th of March, 1962, for Rs. 3,17,400. The said shares wer...
Davy and United Engineering Co. Ltd. Vs. Commissioner of Commercial Ta ...
Court: Kolkata
Decided on: Mar-16-1978
Reported in: [1978]42STC90(Cal)
Dipak Kumar Sen, J.1. This is a reference under Section 21(1) of the Bengal Finance (Sales Tax) Act, 1941, at the instance of Davy and United Engineering Co. Ltd., the assessee. The questions referred are as follows :(1) Whether or not transfers of goods by the applicant-company to other companies of the same consortium against payment of price constituted sales within the meaning of the Indian Sale of Goods Act and the Bengal Finance (Sales Tax) Act, 1941.(2) Whether or not sales of unserviceable goods, scraps, discarded and surplus materials were exigible to tax under the Bengal Finance (Sales Tax) Act, 1941, in view of the incorporation of the definition of 'business' by an Ordinance promulgated in 1967 (since repealed and saved by West Bengal Act 25 of 1969), the retrospective operation of which was struck down by the Calcutta High Court in the case of Shew Bhagwan Goenka v. Commercial Tax Officer [1973] 32 S.T.C. 368.2. The facts found and/or admitted are as follows : The assessee...
Nripati Nath Dutt and ors. Vs. Smt. Rajlakshmi Biswas and ors.
Court: Kolkata
Decided on: Mar-15-1978
Reported in: AIR1978Cal394,82CWN699
ORDERPratibha Bonnerjea, J. 1. This is an application by the heirs and legal representatives of the deceased Pashupati Nath Dutt, the plaintiff No. 2 in the above suit for condonation of delay in making the application and for their substitution in his place and stead by setting aside abatement of the suit so far ag the deceased plaintiff No. 2 is concerned. The above suit was instituted by the deceased Pashupati along with other co-plaintiffs in December, 1966 against the defendants for recovery of damages of Rs. 4,21,125/-and other reliefs. During the pendency of the suit, on 6th Dec. 1976, Pashupat? died intestate leaving him surviving his widow, 2 sons and 4 daughters. Subsequently the daughters executed a deed of release dated 18th March, 1971 in respect of their shares in their father's estate. The present applicants are the widow and the 2 sons of the deceased Pashupati Nath Dutt.2. In the petition, the applicants alleged that they had no knowledge of this pending suit and for t...
Brij Gopal Binani and ors. Vs. Sreelal Binani and ors.
Court: Kolkata
Decided on: Mar-15-1978
Reported in: AIR1978Cal520
ORDERSabyasachi Mukharji, J.1. This is an application under Section 34 of the Arbitration Act, 1940 for stay of Suit No. 229 of 1978. This is a suit by Sreelal Binani against 14 defendants. Of the 14 defendants, the defendants Nos. 1 to 10 are said to be the partners of Pioneer Match Factory and defendants Nos. 11 to 13 are alleged to be the benamdars and name lenders of the defendants Nos. 1 to 10 and defendant No. 14 is said to be a concern in which the defendants Nos. 11, 12 and 13 are the partners. In the plaint, it is alleged that Pioneer Match Factory has its head office at 11, Sovaram Basak Street Calcutta and its factory is situate at 16, Dum Dum Road, 24-Parganas. The said partnership was carried on under a Deed of Partnership dated 7th Dec. 1971. The said Deed of Partnership contained, inter alia, the following clauses;'Clause 3: That partnership shall continue till such time as the partners hereof agree to continue. Clause 12: That all disputes and differences which may aris...
Griffon Laboratories (P.) Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Mar-15-1978
Reported in: [1979]119ITR145(Cal)
Deb, J. 1. In this reference under Section 256(1) of the I.T. Act, 1961, we are concerned with the following questions of law :' 1, Whether, on the facts and circumstances of the case, the Tribunal was justified in upholding the reopening of the assessment under Section 147(b)? 2. Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that the assessee was not a company engaged in the manufacture or processing of goods and was, therefore, not entitled to the concessional rates of tax under the respective Finance Acts ' 2. The assessee is a private limited company and is engaged in pharmaceutical business. The assessment years are 1965-66 and 1966-67 and the relevant accounting years are calendar years 1964 and 1965, respectively.3. In the assessment proceedings, the assessee was treated as a manufacturing concern and was taxed at concessional rates under the Finance Acts of 1965 and 1966, respectively. Thereafter, the Comptroller and Auditor-General ...
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