Kolkata Court March 1980 Judgments
Union of India (Uoi) Vs. Official Liquidator
Court: Kolkata
Decided on: Mar-31-1980
Reported in: [1983]53CompCas573(Cal)
Salil K. Roy Chowdhury, J. 1. This is a combined application by the Union of India under Sections 457(3), 528 and 539(7)(f) of the Companies Act, 19.56, read with Rules 7, 9, 149 and 177 of the Companies (Court) Rules, 1959, for treating the petitioner, Union of India, as a secured creditor in respect of its claim for Rs. 2.02 crores, and for the respondent, official liquidator, to be directed to execute a deed of assignment and/or reconveyance in favour of the Union of India in respect of the said claim and also for a return of the title deeds and the original mortgage deeds lying with the respondent in respect of immovable properties in Calcutta and delay in filing proof of debt and/or preferring the petitioner's claim for Rs. 43.17 lakhs as an ordinary creditor to be condoned and for an injunction restraining the respondents from making any disbursement to any creditor out of the money lying in the hands of the respondent. 2. From the facts of this case which are not in dispute it a...
Tag this Judgment!Kashiram Tea Industries Ltd. Vs. Income-tax Officer and ors.
Court: Kolkata
Decided on: Mar-31-1980
Reported in: [1981]132ITR783(Cal)
Monoj Kumar Mukhekjee, J. 1. Alleging infraction of various provisions of the I.T. Act, 1961, the ITO, Central Circle XXIV, Calcutta, served three sets of notices upon the petitioner in respect of the assessment years 1969-70 and 1973-74. Challenging the competence and jurisdiction of the concerned officer to issue such notices the petitioner moved this court by filing the instant writ application.2. To appreciate the contentions raised by the petitioner in the application, it will be necessary to detail the nature and contents of the notices. The first set of notices dated November 29, 1975, copies of which have been annexed to the application (annex. ' C ') is based on the premises that in the course of proceedings for the above two assessment years it appeared to the ITO that the petitioner concealed the particulars of its income or furnished inaccurate particulars and the petitioner was directed to appear before him (the ITO) and show cause why an order imposing a penalty should no...
Tag this Judgment!Dilip Kumar Mitra Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Mar-31-1980
Reported in: [1980]125ITR8(Cal)
S.C. Deb, J.1. The following questions are involved in this reference under Section 256(2) of the I.T. Act, 1961:'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in ordering the imposition of penalty on the assessee under Section 271(1)(c) read with Section 274 of the Income-tax Act, 1961, on the annual income of M/s. Hindusthan Trading Corporation on the return filed by Sm. Bhadra Mitra ? 2. If the answer to question No. 1 is in the affirmative, whether on the facts and in the circumstance of the case, the Tribunal was justified in confirming the quantum of penalty and dismissing the appeal? ' 2. The assessee is an individual and the reference relates to the assessment year 1965-66. In the return of income the assessee did not show the income from the business under the name and style of M/s. Hindusthan Trading Corporation and the capital gains from the sale of a land which stood in the name of his wife.3. The ITO included the income of Hindus...
Tag this Judgment!Commissioner of Income-tax Vs. Ashok Timber Industries
Court: Kolkata
Decided on: Mar-31-1980
Reported in: [1980]125ITR336(Cal)
Deb, J.1. In this reference under Section 256(1) of the I.T. Act, 1961, we are concerned with the following question of law :' Whether, on the facts and in the circumstances of the case, and on a correct interpretation of Section 68 of the Income-tax Act, 1961, the Tribunal was right in holding that the unexplained cash credits amounting to Rs. 8,100 appearing within one month of the commencement of the business in the books maintained for the previous year relevant to the assessment year 1963-64 were not taxable as the income of the assessee of the said previous year '2. The assessee is a firm. The assessee commenced business on 27th November, 1961. The assessment year is 1963-64, for which the previous year ended on 27th October, 1962.3. In the course of the assessment proceedings, the ITO found certain cash credits appearing in the books of the assessee. The explanation offered by the assessee was not accepted by the ITO. He, therefore, added these cash credits in the assessment.4. ...
Tag this Judgment!Commissioner of Income Tax Vs. Kumar Financing Corporation.
Court: Kolkata
Decided on: Mar-29-1980
Reported in: (1980)19CTR(Cal)71
: Sabyasachi Mukharji, J. - In this reference for the three years, i.e., asst. yrs. 1959-60, 1960-61 and 1961-62, u/s 256(1) of the IT Act, 1961, the following questions have been referred to this Court :'1. Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the ITOs orders cancelling registration of the assessee-firm for the asst. yrs. 1959-60, 1960-61 and 1961-62 u/s 186(1) of the IT Act, 1961 were not valid in law ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the ITOs orders u/s 154 r/w s. 186(3) of the IT Act, 1961 for the asst. yrs. 1959-60, 1960-61 and 1961-62 were not valid in law ?'It appears that the registration of the firm was granted to the assessee for the asst. yr. 1959-60 on or about 5-8-1961 u/s 26A of the Indian IT Act, 1922 and renewal of registration was granted for the asst. yr. 1960-61 on 5-8-1961 and for the asst. yr. 1961-62 on 4-11-61. The assessments for all...
Tag this Judgment!Commissioner of Income Tax Vs. Muktiar Begum and ors.
Court: Kolkata
Decided on: Mar-28-1980
Reported in: (1980)18CTR(Cal)367
: Sabyasachi Mukharji, J. - The IT Ref. No. 407 of 1973 (CIT, West Bengal IV, Calcutta v. Mrs. Muktiar Begum & Ors.) was a reference relating to the asst. yr. 1964-65 and 1965-66. The matter was about the assessment of the assessee as an Association of persons or as sole proprietor. The Tribunal by its order dated 30-9-1972 held that the assessment on the basis of an AOP was not valid. On that, for those years, reference application was made and u/s 256(1) of the IT Act, 1961, by a Statement of Case drawn up on 14-6-1973, the Tribunal referred two questions to this Court for those two years. Those two questions inter alia, were (i) whether the Tribunal was justified in holding that the assessments on the basis of Association of Persons was not valid; and (ii) on the facts and circumstances of the case where there was a consent on behalf of the minor children and Mrs. Muktiar Begum to carry on the business of a single unit.2. This Statement of Case, though made on 14-6-1973 was forward...
Tag this Judgment!V.K. Chowdhury and ors. Vs. the State of West Bengal and anr.
Court: Kolkata
Decided on: Mar-28-1980
Reported in: 1981CriLJ664
N.C. Mukherji, J.1. Criminal Revision No. 1210 of 1979 arises on an application under Section 401, read with Section 482 of the Cr. P.C. for quashing the proceedings in Case No. 13D of 1975 pending before the learned Metropolitan Magistrate, 4th Court, Calcutta under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 read with Section 7 of the said Act. This application is directed against an order dated 28th May, 1979 rejecting the prayer of the petitioner under Section 13(2) of the Prevention of Food Adulteration Act, 1954 for sending the sample of Food kept in his custody for examination by the Director, Central Food Laboratory.2. Criminal Revision No. 1211 of 1979 arises on an application under Section 401, read with Section 482 of the Code for quashing the proceedings of the same case and is directed against an order dated 28th May, 1979 rejecting the prayer of the petitioner for discharge under Section 245(2) of the Cr. P.C. Both the cases are taken up together....
Tag this Judgment!Santilal Dulichand Shah Vs. Ramesh Chandra Guzrati
Court: Kolkata
Decided on: Mar-26-1980
Reported in: AIR1981Cal413
B.C. Chakrabarti, J. 1. This is an appeal by the tenant (hereinafter called the defendant) against a decree of eviction passed in Ejectment Suit No. 1137 of 1974 of the City Civil Court, Calcutta.2. The respondent Ramesh Chandra Guzrati, (hereinafter called the plaintiff) instituted the suit in his capacity as Karta of the Hindu undivided family styled 'Ramesh Chandra Guzrati and Others', for recovery of possession of the disputed premises, held by the defendant as a tenant, after determination of the tenancy by the service'of a combined notice under Section 106 of the Transfer of Property Act and Section 13 (6) of the West Bengal Premises Tenancy Act. the Grounds upon which the claim for eviction has been founded are (1) a part of the disputed premises has been sublet to M/s. Ad-vance Traders after the commencement of the West Bengal Premises Tenancy Act, 1956 and without any consent in writing of the plaintiff landlord, (2) the plaintiff reasonably requires the suit premises for his ...
Tag this Judgment!Indian Bank Vs. Bengal Potteries Ltd. and ors.
Court: Kolkata
Decided on: Mar-25-1980
Reported in: [1982]52CompCas471(Cal)
Salil Kumar Roy Chowdhury, J.1. This is an application under Section 155 of the Companies Act, 1956, for rectification of the share register of the company in respect of 38,000 equity shares mentioned in para. 8 of the petition in favour of the petitioner and for consequential orders.2. The admitted facts are that by an order dated the 9th of February, 1976, the company, Bengal Potteries Ltd., was wound up and subsequently with the leave of the court a notification under Section 18FA dated the 15th of September, 1976, was issued read with Section 80AA of the Industries (Development & Regulation) Act, 1951. The industrial undertaking being the entire undertaking of the respondent-company, Bengal Potteries Ltd., was taken over by the Central Govt. without investigation under the circumstances mentioned in the notification and the Industrial Reconstruction Corporation of India Ltd. was appointed the authorised person under the said notification. It follows, therefore, that under the provi...
Tag this Judgment!Sm. Reba Sircar and ors. Vs. Bisweswar Lal Sharma Alias B.L. Sharma
Court: Kolkata
Decided on: Mar-24-1980
Reported in: AIR1980Cal328,84CWN552
M.M. Dutt, J.1. This appeal is at the instance of the defendants in a suit lor mortgage and it is directed against the final decree passed in the suit. The only question that is involved in this appeal is whether the application of the plaintiff for a final decree was barred by limitation.2. The suit was decreed in a preliminary form on March 26, 1968. The decree inter alia, directed the defendants to pay the decretal amount within six months. Being aggrieved by the preliminary decree, the defendants preferred an appeal against the same to this Court being F. A. T. No. 1890 of 1968. In the said appeal, the defendants obtained an interim order staying all further proceedings in the suit pending the disposal of the appeal. On April 11, 1972 the said appeal against the preliminary decree was dismissed for default. The plaintiff made an application for final decree on April 11, 1975, that is, more than three years after the last date of payment fixed by the preliminary decree. The applicat...
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