Kolkata Court April 1978 Judgments
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Commissioner of Wealth-tax Vs. Prahladrai Agarwalla Jalan
Court: Kolkata
Decided on: Apr-10-1978
Reported in: [1980]123ITR926(Cal)
Dipak Kumar Sen, J. 1. This is a reference under Section 27(1) of the W.T. Act, 1957, at the instance of the CWT, West Bengal-III, Calcutta. The facts found and/op admitted in the proceedings are, inter alia, as follows :2. In the wealth-tax assessment of Sri Prahladrai Agarwalla Jalan in the assessment year 1964-65, the assessee claimed that his status was that of an HUF and not an individual. Following the earlier assessment in the year 1963-64, the WTO held that the status of the assessee was that of an individual. On appeal, the AAC confirmed the order of the WTO.3. There was a further appeal by the assessee to the Tribunal. It wascontended in the appeal, inter alia, that the assessee's claim to be assessedas an HUF had been made On the basis of a declaration of the assesseemade before a notary public on the 31st December, 1962. The assesseecontended further that in the subsequent assessment year 1965-66, theWTO had accepted the assessee's status as that of an HUF and that evenin t...
Commissioner of Income-tax Vs. Universal Trading Co.
Court: Kolkata
Decided on: Apr-10-1978
Reported in: [1978]114ITR412(Cal)
Deb, J.1. This is a reference under Section 256(1) of the Income-tax Act, 1963. The assessment year under consideration is 1963-64.2. The assessee is a firm. Registration granted to it earlier was continued up to the assessment year 1962-63. In September, 1963, the assessee filed its return of income for the assessment year 1963-64, but it did not furnish a declaration along with the said return. Thereafter, the assessee filed a revised return of income along with a declaration in Form No. 12 seeking continuation of its registration.3. The Income-tax Officer did not grant the registration. The appeal filed by the assessee was dismissed by the Appellate Assistant Commissioner. The assessee filed further appeal. The Tribunal held that the declaration filed with the revised return was valid and that the registration should have been allowed to it. Then, at the instance of the Commissioner, the following question was referred to this court by the Tribunal:'Whether, on the facts and in the ...
Valley Refractories Pvt. Ltd. and anr. Vs. K.S. Garewal
Court: Kolkata
Decided on: Apr-07-1978
Reported in: AIR1978Cal574,83CWN53
ORDERSabyasachi Mukharji, J.1. In this application under Article 226 of the Constitution the petitioners Valley Refractories Private Limited and one Bajrang Prasad Agarwal contend that the weigh-bridge which is alleged to be belonging to Valley Refractories Pvt. Ltd. situate in the village Merha Mouza, Police Station and Post Office Chirkunda in the District of Dhanbad has not vested in the Central Government under Section 3 of the Coal Mines (Nationalisation) Act, 1973. For the purpose of this application it is not necessary to refer to many facts. The petitioner No. 1 company contends that it is the owner of the weigh-bridge and the said weigh-bridge according to the petitioners, is situate in the plot of land on which the said refractory plant has been installed by the petitioner No. 1. Nirmal Chandra Das in his affidavit affirmed on 30th Aug., 1973 on behalf of the respondents, states that the land over which the weigh-bridge is situated is within the leasehold of Merha Colliery, t...
Sankar Prasad Khan and ors. Vs. Smt. Ushabala Dasi and ors.
Court: Kolkata
Decided on: Apr-07-1978
Reported in: AIR1978Cal525,82CWN880
B.N. Maitra, J. 1. One Ushabala (plaintiff) filed the present suit on the allegation that the disputed properties belonged to her husband, Gostha Behari Khan. The latter died leaving her as widow and a son. Sashanka Sekhar. Her son also died leaving his minor widow, Kalibala pro forma defendant No. 2, Defendant No. 1, Gobinda Charan Khan, who is Gostha Behari's elder brother, was appointed guardian of Kalibala's person and property by the District Judge, Midnapore, and so the property in question was under his management, On the 29th of Ashar 1361 B.S. Kalibala was married to one Bhutnath Chowdhury, pro forma defendant No. 3. By such remarriage she was divested of her interest in the disputed property and the same devolved on the plaintiff as the next reversioner of her son Sashanka Sekhar. Hence, Gobinda Chandra's guardianship also came to an end with Kalibala's remarriage. He is in wrongful possession of the disputed property. The suit was filed for declaration of title and recovery ...
Panchanan Dey (Decd.) (by L/R Smt. Durga Sundari Dey) Vs. Commissioner ...
Court: Kolkata
Decided on: Apr-07-1978
Reported in: [1983]142ITR762(Cal)
Deb, J. 1. This is a reference under Section 256(1) of the I.T. Act, 1961. The statement of the case relates to the assessment years 1962-63 to 1964-65 and 1966-67. The relevant accounting years are calendar years 1961, 1962, 1963 and 1965 respectively. 2. The assessee was the owner of a building being premises 6, Dr. Kartick Bose Lane, Calcutta. On October 6, 1959, by a deed (hereinafter referred to as the 'debutter trust deed') the assessee transferred lot ' A ' of this property to his wife, Smt. Durga Sundari Dey, as the trustee of the three deities mentioned therein and upon trusts specified therein. It, inter alia, provides that after meeting the expenses speci6ed therein out of the income of the debutter property, if there remains any unspent balance of the income, such balance shall be paid to the shebaits as her or their remuneration in equal shares for looking after the worship and for doing the acts and deeds mentioned therein. 3. On the same date the assessee also executed a...
Commissioner of Income-tax Vs. Luxmi Trading Co.
Court: Kolkata
Decided on: Apr-07-1978
Reported in: [1979]117ITR439(Cal)
Sen, J. 1. This reference arises out of the income-tax assessment of Luxmi Trading Co. for the assessment year 1963-64, the corresponding accounting period being the Ram Navami Day of S.Y. 2019. At the assessment, the ITO found a number of cash credits standing in the names of various persons as follows :(a) M/s. Arjunlal Bhagwandas--Rs. 6,000 ; (b) M/s. Laxmichand Parmanand--Rs. 40,000 ; (c) Gopaldas Chainrai--Rs. 30,000 ; (d) M/s. Ghanshyamdas Uttamchand--Rs. 35,000 ; and (e) Seth Giridharidas Lila-ram--Rs. 40,000. The ITO also found khata-peta loans of Rs. 20,000 and Rs. 52,000 purported to have been received from M/s. Daluram Gaganmull and Padam Textiles.2. In confirmation of the cash credits, which according to the assessee were originally borrowed on hundis as also the khata-peta loan, confirmation letters of the lenders were produced. The ITO issued summons under Section 131 of the I.T. Act, 1961, to the lenders at the addresses given by the assessee, but they were returned unse...
Ajoy Kr. Roy Vs. Raj Ballav Mondal and ors.
Court: Kolkata
Decided on: Apr-07-1978
Reported in: 1978CriLJ1502
Sudhamay Basu, J.1. This Rule was obtained to quash the criminal proceedings under Section 265, I.P.C. pending in the court of the Sub-divisional Judicial Magistrate, Basirhat in Case No. C 151 of 1977.2. It appears that a petition of complaint under Sections 120(B), 465 and 468, I.P.C. was filed against the petitioner and others before the Sub-divisional Judicial Magistrate, Basirhat alleging that Sonapukur Samabay Krishi Unayan Samity, a registered Co-operative Society is being managed by its managing committee according to the provisions of the Co-operative Society Rules and Bys-laws, The accused petitioner No. 1 and others became members of the said samity in 1976. The function of the said samity, inter alia, is to collect money from the West Bengal Government and give loans to the members for the purpose of agriculture. The samity has a common seal approved by the Registrar, 24-Parganas. Every member of the samity is entitled to get loans from the samity for agricultural purpose o...
Commissioner of Wealth-tax Vs. Bejoy Kumar Karnani and ors.
Court: Kolkata
Decided on: Apr-06-1978
Reported in: [1979]117ITR543(Cal)
Sen, J. 1. The facts found and/or admitted in this reference at the instance of the Commissioner of Wealth-tax, West Bengal-III, are shortly as follows : Messrs. Bejoy Kumar Karnani and others, the assessee, a HUF, was assessed to wealth-tax for the assessment years 1957-58 to 1961-62, the relevant valuation dates being 31st March of each of the years from 1957 to 1961.2. At the relevant period, the assessee held a number of shares in Kar-nani Properties Ltd. and Karnani Investment Pvt. Ltd. The WTO, following an order of the Tribunal in the wealth-tax assessment of Bejoy Kumar Karnani (individual), estimated the value of these shares by the method known as 'break-up value' method. The shares of Karnani Properties Ltd. were accordingly valued at Rs. 6 per share for the assessment years 1957-58 and 1958-59 and at Rs. 6 23, Rs. 6.18 and Rs. 6.18, respectively, for the other assessment years, i.e., 1959-60, 1960-61 and 1961-62.3. The shares of Karnani Investment Pvt. Ltd. had to be valued...
income-tax Officer, f Ward and ors. Vs. Eastern Scales (Pvt.) Ltd.
Court: Kolkata
Decided on: Apr-06-1978
Reported in: 82CWN905,[1978]115ITR323(Cal)
M.M. Dutt, J.1. This appeal is at the instance of the revenue and it is directed against the judgment of Sabyasachi Mukharji J. whereby the rule nisi obtained by the respondent No. 1 on its application under Article 226 of the Constitution was made absolute.2. One Mr. J. H. Somerville was the managing director of the respondent No. 1, Eastern Scales (Pvt.) Ltd. He retired on April 30, 1968, and left this country for Australia. Since his retirement, he has been getting pensions from the respondent No. 1 company and also from two other companies, namely. Automatic Machines Co. (India) Pvt. Ltd. and Bell Punch (India) P. Ltd., who are respectively the respondents Nos. 2 and 3. The ITO assessed the respondent No. 1, Eastern Scales (Pvt.) Ltd., treating him as the agent of the said Mr. Somerville, admittedly a non-resident, in respect of the incomes from the said three companies including that from the respondent No. 1, for the assessment years 1969-70, 1970-71 and 1971-72. The income of th...
Vishnu Sugar Mills Ltd. Vs. Commissioner of Income-tax (Central)
Court: Kolkata
Decided on: Apr-06-1978
Reported in: [1978]113ITR583(Cal)
Sudhindra Mohan Guha, J. 1. In the present reference under Section 256(1) of the Income-tax Act, 1961, a very short point calls for our determination, namely, ' whether the delayed payment of cess is allowable as business expenditure '2. This reference relates to the assessment years 1967-68 and 1969-70 and the corresponding accounting period ended on 30th September, 1966, and 30th September, 1968, respectively. The assessee carries on the business of manufacture and sale of sugar. The sugar factory is situated at Harknua in the district of Saran, North Bihar.3. Since the assessee did not pay the cess within the due date, the Bihar Government charged interest for the delayed payment of cess. The assessee-company claimed such interest amounting to Rs. 45,102 in the assessment year 1967-68. It also claimed Rs. 66,000 in the assessment year 1969-70 as admissible deductions before the Income-tax Officer. It was, however, held by the Income-tax Officer that the delayed payment of cess could...
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