Kolkata Court July 1978 Judgments
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Thakurdas Sureka Charity Fund Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jul-19-1978
Reported in: [1983]139ITR437(Cal)
Sen, J.1. This reference relates to the assessments of Messrs. Thakurdas Sureka Charity Fund, the assessee, in the assessment years 1962-63, 1963-64, 1964-65 and 1965-66, the relevant accounting years ending diwali, R.N. 2018, 2019-20, 2020-21 and 2021-22. The controversy relates to contributions received by the assessee from Messrs. Thakurdas Sureka Charity Trust Fund (1941), hereinafter referred to as the Trust Fund. The admitted position is that the donor, that is the Trust Fund derived its income from property held for charitable or religious purpose to which Section 11 of the I.T. Act, 1961, as it stood at the relevant time applied. It was found that the contributions received by the assessee as aforesaid were in the nature of voluntary contributions from the Trust Fund which were accumulated in the hands of the assessee and, therefore, became liable to be taxed under Section 12(2) of the I.T. Act, 1961, as it stood at the relevant time.2. In the relevant assessment years, the ITO...
Commissioner of Income-tax Vs. Jugantar P. Ltd.
Court: Kolkata
Decided on: Jul-19-1978
Reported in: [1981]127ITR477(Cal)
Sen, J.1. The facts leading up to this reference are, inter alia, as follows : In the assessment year 1963-64, Jugantar Private Ltd., the assessee, was assessed to income-tax on a total income of Rs. 7,21,322, the tax levied being Rs. 3,51,661. In the said year, the assessee distributed as dividend a sum of only Rs. 5,470 which was less than the statutory percentage of the distributable income. The ITO, therefore, held that Section 104 were applicable and accordingly levied additional income-tax at the prescribed rate of 37% on the distributable income of Rs. 3,69,661 as reduced by Rs. 5,470 distributed as dividend. 2. Being aggrieved by the said order, the assessee preferred an appeal to the AAC. It was, inter alia, contended in the appeal that in the computa-tion of the distributable surplus an amount of Rs. 3,63,633, being a reserve for gratuity, should have been excluded. The AAC found that the gratuity payable was only Rs. 37,323. Rejecting the contentions of the assessee, he dism...
The Fort William Co. Ltd. Vs. Inspector, Central Excise and ors.
Court: Kolkata
Decided on: Jul-19-1978
Reported in: 1979CENCUS1D,1979(4)ELT23(Cal)
Amiya Kumar Mookerji, J.1. Common questions of law are involved in these Rules, accordingly, these Rules are heard together and my judgment in Civil Rule No. 5479(W) of 1977 shall govern all other Rules.2. Petitioner is a public limited company. Its business consists, inter alia, of manufacture of jute products consisting of carpet backing, hessian sacking, bagging cloth including jute yarn and jute twine for the purpose of jute textiles manufacturing business.3. By an Order No. S.O. 149(A) dated 25th February, 1976 issued in pursuance of the powers conferred by Section 9(1) of the Industries (Development and Regulation) Act, 1951 (hereinafter referred to as the Act), the Central Government specified the classes of goods manufactured or produced wholly or in part of jute in the scheduled industry of Textiles as mentioned in column (2) of the table set out in the said order on which a duty of excise was to be levied and collected as a cess for the purpose of the said Act for a period of...
NabIn Majhi Vs. Tela Majhi and anr.
Court: Kolkata
Decided on: Jul-18-1978
Reported in: AIR1978Cal440,(1978)2CompLJ150(Cal),82CWN1097
M.M. Dutt, J.1. This appeal is at the instance of the defendant and it arises out of a suit for partition. The appeal involves interpretation of the New Explanation VIII which has been added to Section 11 of the Code of Civil Procedure by the Code of Civil Procedure (Amendment) Act, 1976.2. The plaintiffs instituted the suit claiming partition by metes and bounds of their half share in the suit property. The principal defence of the defendant was that prior to this suit he had instituted a suit against the plaintiffs, being Title Suit No. 69 of 1961, in the First Court of the Munsif at Rampurhat, for a declaration of his title to .10 acre of land appertaining to C. S. Plot No. 1183. In that suit, it was inter alia contended by the defendant that there was a previous partition. The said suit was decreed on a finding that there was an amicable partition of the suit property. It was urged by the defendant that the finding of the learned Munsiff in the said Title Suit No. 69 of 1961 would ...
Agarwal Hardware Works (P.) Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jul-18-1978
Reported in: (1979)1CompLJ51(Cal),[1980]121ITR510(Cal)
Deb, J.1. This reference under Section 256(1) of the I.T. Act, 1961, arises out of the assessment proceedings for the assessment year 1968-69.2. The assessee is a private limited company. It carries on business of manufacture and sale, inter alia, of mild steel rods and bars used in reinforced concrete constructions or structures.3. The assessee and M/s. Tor-Isteg Steel Corporation of Luxembourg (hereinafter referred to as 'the foreign company') entered into an agreement dated February 15, 1967, In this agreement, the assessee has been described as the 'licensee' and the foreign company as 'Tor-Isteg'.4. It reads, inter alia, as follows :' Article 1 Tor-Isteg grants to the licensee a full licence to use the following patents registered in Luxembourg relating to high tensile steel wires and/ or bars known as ' Ribbed Tor-steel' for reinforced concrete constructions : Article 2 During the period of this agreement: (a) Tor-Isteg and the licensee shall make available to each other all i...
Kalyani Spg. Mills Ltd. Vs. Shiva Trading Co.
Court: Kolkata
Decided on: Jul-17-1978
Reported in: [1983]53CompCas632(Cal)
Salil Kumar Roy Chowdhury, J. 1. This is a winding up petition which was presented on the 30th March, 1976, and made returnable on the 10th of April, 1978. On the returnable date notice along with a copy of the petition was directed to be served on the company. Thereafter, the company appeared and obtained leave to file affidavit to show-cause way the winding up petition should not be admitted. 2. The petitioning creditor's claim arises out of a transaction by sale of diverse quantities of cotton to the company at agreed rates. The said contract between the parties were governed by the bye-laws of the East India Cotton Association Limited. It appears that disputes arose between the parties and under the arbitration clause of the contract, the same was referred to the arbitration of the East India Cotton Association Limited and an a ward, dated the 31st of August, 1977, was made in favour of the petitioning creditor by which the company was to pay a sum of Rs. 89,986.90 together with in...
Commissioner of Income-tax Vs. Purnendu Mullick
Court: Kolkata
Decided on: Jul-14-1978
Reported in: [1979]116ITR591(Cal)
Sen, J.1. Purnendu Mullick, the assessee, was assessed to income-tax in the assessment year 1964-65, the relevant previous year being 1370 B.S. In the relevant assessment year the assessee had executed a deed of lease on the 11th December, 1963, in respect of premises Nos. 14 and 15, Old Court House Street, Calcutta, in favour of one Octavious Steel Co. Ltd. In consideration of the said lease the assessee had received a lump sum of Rs. 50,000. The valuer's report submitted by the assessee recorded that the total area of the premises leased out was 9,825 sq. ft. Under Clause 2 of the deed the rent of the premises was fixed at Rs. 1,500 per month for the first two years and, thereafter, at an increased rate of Rs. 100 per month after every nine years till the expiry of the lease, i.e., after 99 years.2. The ITO rejected the assessee's claim that the said sum of Rs. 50,000 received as premium or salami constituted capital receipt and was not taxable as income.3. The ITO found that the pro...
Commissioner of Income-tax, Central Vs. Dehri Rohtas Light Railway Co. ...
Court: Kolkata
Decided on: Jul-14-1978
Reported in: [1979]116ITR847(Cal)
Sen, J. 1. The proceedings arise out of the claim of Messrs. Dehri Rohtas Light Railway Co., a railway company, for depreciation on its locomotives and rolling stock at the rate of 10% and also for extra shift allowance in respect thereof, in its assessments to income-tax for the assessment years 1963-64 and 1964-65, the corresponding previous years being the financial years 1962-63 and 1963-64. The assessee contended that its rolling stocks and locomotives were being used for 24 hours every day. The ITO disallowed the claim of the assessee.2. Being aggrieved, the assessee preferred appeals to the AAC and succeeded therein. The AAC directed the ITO to recompute the chargeable profits after allowing extra shift allowance as claimed.3. The revenue being aggrieved preferred further appeals to the Tribunal. The Tribunal did not accept the contentions of the revenue and confirmed the orders of the AAC. The appeals were dismissed.4. On the application of the CIT, Central, Calcutta, under Sec...
Electrical Industries Corporation Vs. Punjab National Bank and ors.
Court: Kolkata
Decided on: Jul-13-1978
Reported in: AIR1979Cal8
Sankar Prasad Mitra, C.J.1. This is an appeal from a judgment delivered by Mr. Justice Salil K. Roy Chowdhury on the 25th Aug., 1076.2. The present suit was instituted on July 11, 1973 against the defendants for leave under Clause 12 of the Letters Patent, for a decree for Rs. 4,45,835/-; for a declaration that the plaintiff's account with the Punjab National Bank was wrongly debited and other reliefs.3. On July 23, 1973, the writ of summons was taken out and lodged with the Sheriff. The time to serve the writ of summons on the defendants Nos. 3, 5 and 6 expired on Nov. 14, 1973. The Master directed the Sheriff to serve the Writ of Summons on the defendants Nos. 3, 5 and 6 by registered post on the 6th Dec., 1973 and the returnable date was extended by ten weeks.4. In Dec., 1973, M/s. Fox and Mondal received instructions from the plaintiff to obtain a change of attorney from Anand, Das Gupta & Sagar.5. On Jan. 7, 1974, the Writ of Summons, directed to be served on the respondents Nos. ...
Biswanath Das Vs. Debiprosad Paul and anr.
Court: Kolkata
Decided on: Jul-13-1978
Reported in: AIR1978Cal533
B.N. Maitra, J.1. Title Suits Nos. 252 of 1963 and 121 of 1964 were tried together. In the earlier Suit No. 252, the plaintiff's allegation is that the premises No. 601, Diamond Harbour Road, belonged to Debiprosad Paul and Umaprosad Paul, out of these 7 (seven) shop rooms located in that premises, the disputed shop room was let out to Biswanath Das (plaintiff) at a rental of Rs. 18/- per month payable according to English Calendar. The agreement was that the tenancy would commence from the 1st June, 1963. The defendants accepted the rent for June in advance and a receipt was granted. On the 11th June, 1963, the plaintiff took some articles to that shop. The defendants demanded premium from him. The plaintiff declined to make such payment. The police was falsely informed that he had stored his belongings in the room in question. The suit is for a declaration that the plaintiff is a tenant in respect of the disputed land under the defendants and for an injunction.2. The defendants filed...
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