Kolkata Court July 1980 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.
Commissioner of Income-tax Vs. Shaw Wallace and Co. Ltd.
Court: Kolkata
Decided on: Jul-24-1980
Reported in: (1981)21CTR(Cal)285,[1981]132ITR466(Cal)
Sabyasachi Mukharji, J. 1. The assessee is a company. The assessment year involved is 1963-64, and the relevant accounting year ended on December 31, 1962. The assessee-company received a net dividend of Rs. 2,29,948 from certain companies in the United Kingdom and Ceylon. The said amounts were paid to the assessee-company after deduction of certain taxes which the companies had to pay. The net dividend was received by the assessee. The ITO was of the view that the gross dividend of Rs. 3,77,501 was liable to be taxed as it was in the nature of income within the provisions of Section 5(1)(c) of the I.T. Act, 1961.2. The assessee, being aggrieved, preferred an appeal before the AAC. It was urged before him that only the net foreign dividend received by the assessee should be taxed and not the gross dividend. The AAC was of the view that the tax deducted in the United Kingdom and Ceylon had to be ignored and only the net foreign dividend had to be taxed. In that view of the matter, the A...
Sundari Devi Shaw Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-24-1980
Reported in: 1980CriLJ1391
P.C. Borooah, J.1. On March 31, 1980 an Inspector of Police attached to the Enforcement Branch conducted a raid on premises No. 2-1B, Chetla Road, Calcutta and seized, inter alia, High Speed: Diesel Oil, Lubricating Oil and two tanker lorries, bearing Nos. WBQ 4968 and WMK 2403 with 10,000 litres and 12,000 litres of High Speed Diesel in their respective tanks. Pursuant to such seizure, Section V-2, Case No. 88 dated March 31, 1980 under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (hereinafter the Act) was started.2. The two tanker lorries were registered in the name of one Satya Narayan. Shaw and since he was dead, his wife and legal heir Smt. Sundari Devi Shaw, applied to the Collector, 24 Parganas to whom the seizure had been reported for the return of the said forries. The Collector by an order dated June 6, 1980 passed in Misc. Case No. 41 of 1980 gave the petitioner the option of paying with-in forty five days of the order a fine totalling the market price of 22,00...
In Re: Reliance Jute and Industries Ltd.
Court: Kolkata
Decided on: Jul-23-1980
Reported in: [1983]53CompCas591(Cal)
T.K. Basu, J. 1. This is an application by the Reliance Jute and Industries Ltd., under Section 391(2) read with Section 394 of the Companies Act, 1956 (hereinafter referred to as 'the Act'), for the sanctioning of a scheme of amalgamation. The petitioner which is the transferee-company was incorporated on 25th October, 1960. It is a very solvent and prosperous concern according to the affidavit of Jyoti Prasad Mukherjee, which has been filed on behalf of the CLB which is opposing this application. The transferee-company has built up huge reserves and as on 31st March, 1979, its net worth is Rs. 226.61 lakhs as against a paid-up capital of Rs. 126.72 lakhs. 2. Keshari Steels and Industries Ltd., the transferor-company, was incorporated on 12th August, 1971. Its original name was Rolta Industries Private Ltd., which has been subsequently changed to the name mentioned above. It carries on business at Dewas in Madhya Pradesh. It is admittedly a wholly owned subsidiary of the transferee-co...
Commissioner of Income-tax Vs. Century Enka Ltd.
Court: Kolkata
Decided on: Jul-22-1980
Reported in: [1981]130ITR267(Cal)
Sabyasachi Mukharji, J.1. In this reference, under Section 256(1) of the I.T. Act, 1961, for the assessment years 1971-72 and 1972-73, 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 law in directing the allowance of the provision of excise duty of Rs. 15,96,000 and Rs. 17,00,000 as deduction for the assessment years 1971-72 and 1972-73, respectively ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that nylon was petrochemical within the meaning of item (18) of the Vth Schedule to the Income-tax Act, 1961, and that the assessee was entitled to higher development rebate in respect of plant and machinery installed for the production of nylon for the assessment years 1971-72 and 1972-73 ?' 2. In order to deal with these questions, it is necessary to state that the assessee is a company which is engaged, inter alia, in the manufactu...
Commissioner of Income-tax Vs. Asiatic Oxygen and Acetylene Co. Ltd.
Court: Kolkata
Decided on: Jul-21-1980
Reported in: [1981]132ITR506(Cal)
Sudhindra Mohan Guha, J.1. The question as referred to this court in the present reference is as follows :' Whether, on the facts and in the circumstances of the case, fees of Rs. 21,137 paid for revaluation of the assets by the assessee-company was rightly allowed by the Tribunal as a deduction under Section 10(2)(xv) of the Indian Income-tax Act, 1922? '2. The assessment relates to the year 1961-62 for which the relevant previous year ended on March 31, 1961.3. The assessee-company was a manufacturer of oxygen and acetylene gas. It claimed an expenditure of Rs. 21,137 representing the fees paid by it to M/s. Talbot & Co., Calcutta, in respect of their professional services of making a valuation report of the fixed assets of the company. The ITO disallowed the claim holding the claim to be of capital nature. In appeal before the AAC, it was argued on behalf of the assessee that as a result of revaluation of the assets of the assessee-company for which the payment was made, no asset or...
Smt. Bithika Dutta Vs. Smt. Bela Rani Bhattacharyya
Court: Kolkata
Decided on: Jul-18-1980
Reported in: AIR1981Cal5,84CWN711
Anil K. Sen, J.1. This is an appeal from an appellate decree at the instance of the defendant in a suit under Sections 36, 37A and 38 of the Bengal Money Lenders Act, 1940 (hereinafter referred to as the said Act). The appeal is directed against the decree dated August 4, 1972, passed by the learned Additional District Judge, 3rd Court. Howrah in Title Appeal No. 36 of 1972.2. The plaintiff/respondent instituted Title Suit No. 153 of 1970 renumbered as Title Suit No. 74 of 1971 in the 3rd Court, of the learned Munsiff, Howrah seeking relief under Sections 36, 37A and 38 of the said Act upon a declaration that a sale executed by her in favour of the defendant on July 29, 1968, in respect of premises No. 17/2, Khetra Mitra Lane. Howrah followed by an agreement for repurchase really constitutes a mortgagein respect of which the plaintiff is entitled to the reliefs under the said Act as prayed for. The plaintiff's case shortly was that she was the owner of the said premises by purchase. Sh...
Hazi Rustam Ali Vs. EmamnuddIn Khan and ors.
Court: Kolkata
Decided on: Jul-18-1980
Reported in: AIR1981Cal81
ORDERJyotirmoyee Nag, J. 1. This Rule is directed against Order No. 68 dated 25th November, 1978 in Misc. Case No. 20 of 1977 by the learned Munsif, 2nd Court, Malda. The opposite parties-plaintiffs filed suit being O. C. Suit No. 57 of 1971 in the Court of the Second Munsif, Malda praying for declaration of the title in respect of 89 decimals of danga land in Dag No. 359 in mouza Narayanpur, P. S. Kaliuhaek, District-Malda and for recovery of possession by evicting the defendant-petitioners. The suit was fixed for peremptory hearing on the 21st of January, 1977. The defendants being absent on that day, the suit was decreed ex parte. Thereafter, on the 31st of January, 1977 the petitioners tiled an application under Order 9, Rule 13 of the Code of Civil Procedure for restoration of the suit This application was registered as Misc. Case No. 20 of 1977. But when this Misc. case came up for hearing on the 9th of September, 1978, the defendants were again absent and hence it was dismissed ...
Nandadulal Dey and ors. Vs. Smt. Mira Das and anr.
Court: Kolkata
Decided on: Jul-18-1980
Reported in: AIR1981Cal83
A.K. Sarkar, J. 1. The suit is a contentious cause. A caveat was entered on behalf of one Sm. Mira Das to the application for probate of the Will of one Bhupendra Nath Chandra dated 5th November, 1967 by the three executors named in the will. The testator, Bhupendra Nath Chandra died after about 10 years on 6th October, 1977.2. The facts are that, the deceased Bhupendra Nath Chandra left properties both moveable and immoveable within and outside the jurisdiction of this Court and died surviving him the widow, three sons and five daughters. AH the daughters were married to well-to-do persons, the particulars are set out in paragraph 5 of the petition. A copy of the Will has been annexed to the said petition and marked with the letter 'A'. A caveat was entered to the said application for grant of probate by Sm. Mira Das, the youngest daughter of Bhupendra Nath Chandra. Sm. Latika Nag, the eldest daughter of the testator supported the caveat she filed affidavit in support thereof jointly ...
Paritosh Kumar Ghose Vs. Smt. Saraswati Nandi
Court: Kolkata
Decided on: Jul-18-1980
Reported in: AIR1980Cal280,84CWN694
ORDERSudhindra Mohan Gupta, J.1. This revision arises out of an order dated 19th January, 1979, passed by Shri M. K. Sen Gupta, the learned Munsif, 2nd Court, Alipore in T. S. No. 414 of 1972, striking out defence of the petitioner against ejectment under Section 17 (3) of the West Bengal Premises Tenancy Act, 1956,2. This suit was commenced on 20th December, 1972, for ejectment on the ground of default in payment of rents for the months of May to August, 1972 and also on the ground of plaintiffs own use and occupation. The summons being served on 1st January, 1973, the defendant made his appearance on 24th January, 1973. In the written statement the defendant came up with a plea of payment of rent. The defendant having failed to move the Court under Section 17 (2) of the Act the plaintiff was obliged to file an application under Section 17 (3) of the Act on 14th July, 1978. But on 9th August, 1978, an application Under Section 17 (1) of the Act read with Section 151 C. P. Code was fil...
Commissioner of Income-tax Vs. Priya Gopal Bishoyee
Court: Kolkata
Decided on: Jul-17-1980
Reported in: (1981)20CTR(Cal)242,[1981]127ITR778(Cal)
Sabyasachi Mukharji, J. 1. This reference arises out of the proceedings for the levy of penalty under Section 271(1)(a) of the I.T. Act, 1961. The ITO issued a notice under Section 159(2) of the Act on 28th August, 1963, for the assessment year 1963-64. The return was due on 1st October, 1963. The previous year was 1369 B.S. ending on 14th April, 1963. The assessee filed a return on 4th January, 1965, after a delay of a little over 15 months. It was a firm of three partners and was duly assessed as a registered firm. The ITO initiated penalty proceedings under Section 271(1)(a) read with Section 274 of the Act and issued a show-cause notice. The assessee filed a reply raising various objections. It is unnecessary for our present purpose to go into those objections as there are no materials on the point on which the reference has been made.2. The ITO held that the assessee was liable to penalty, under Section 271(1)(a) of the Act, of Rs. 15,335, being 2% of the tax for every month durin...
- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »