Kolkata Court September 1980 Judgments
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Commissioner of Income-tax Vs. Smt. Asrafi Devi Rajgharia
Court: Kolkata
Decided on: Sep-12-1980
Reported in: [1983]142ITR380(Cal)
C.K. Banerji, J.1. In this reference under Section 256(1) of the I.T. Act, 1961, the facts are shortly as follows :Smt. Asrafi Devi Rajgharia, the assessee, had been the owner of premises No. 212, Bagmari Road, Calcutta, comprising of land measuring 16 bighas and 17 cottahs which was acquired under the Calcutta Improvement Trust Scheme No. VII (Manicktala). Declaration in respect of the said land under Section 6 of the Land Acquisition Act, 1894, was published on the 12th August, 1954, and general notice under Section 9(1) thereof was published on the 6th January, 1955. An award under Section 11 of the said Act was made on the 22nd September, 1959, whereunder Rs. 3,06,164'50 was determined to be payable as compensation. Possession of the said land was taken from the assessee on the 19th January, 1960, The assessee being dissatisfied with the said award made a reference to the Calcutta Improvement Tribunal where she also claimed compensation for damage suffered due to delay in making th...
B.C. Paul Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Sep-12-1980
Reported in: (1981)20CTR(Cal)275,[1982]136ITR395(Cal)
C.K. Banerji, J.1. This reference under Section 256(2) of the I.T. Act 1961, arises out of the income-tax assessment of Sri Bhupesh Chandra Paul also known as B. C. Paul, the assessee, for the assessment year 1965-66.2. The facts found and/or admitted in these proceedings are shortly as follows:In his return filed for the said assessment the year assessee disclosed receipt of Rs. 1,58,250 but claimed the same to be exempt from tax being casual receipts from horse racing. In support, the assessee filed copies of five betting memos in the letter-head of K. N. Chakraborty, a book-maker, recording that between the 21st November, 1964, and the 4th February, 1965, the assessee had on five different dates won in bets on horses sums aggregating to Rs. 1,58,250. In answer to queries of the ITO the assessee by his letter dated the 5th September, 1978 stated, inter alia, that he had been interested in racing for only a limited period, had visited the races with a friend since deceased, had consul...
Commissioner of Income-tax Vs. Madho Properties Ltd.
Court: Kolkata
Decided on: Sep-12-1980
Reported in: [1981]131ITR380(Cal)
Dipak Kumar Sen, J. 1. The transaction involved in these appeals under Section 269H of the I.T. Act, 1961, is the transfer of premises No. 13,Gurusaday Road, Calcutta (hereinafter referred to as 'the property'), comprising of 16'642 cottahs of land and a one storey structure, by M/s. Madho Properties Ltd. (hereinafter referred to as 'the transferor') to M/s. Shree Co-operative Housing Society Ltd. (hereinafter referred to as ' the transferee') under a deed of conveyance dated the 4th July, 1974, for a stated consideration of Rs. 14,50,000.2. Earlier, M/s. Talbot & Co., Calcutta, had valued the property at about Rs. 14,22,000 and submitted a report dated the 27th September, 1973. The said valuers took into account the situation of the property, its land area, its frontage on the main road on its south abutting on an open Maidan. They also noted that the property was situated in a detached area requiring land to be left vacant in any proposed construction and that the existing structure ...
indo-burma Petroleum Co. Ltd. Vs. Commissioner of Income-tax, Central
Court: Kolkata
Decided on: Sep-11-1980
Reported in: [1982]136ITR251(Cal)
Sabyasachi Mukharji, J.1. In this reference under Section 256(2) of tbe I.T. Act, 1961, as directed by this court, the Tribunal has referred the following three questions for the assessment year 1967-68 :'1. Whether, on the facts and in the circumstances of the case, the findings of the Tribunal as to the nature, object and purpose of the fund of the assessee held in the U.K. in Pound Sterling were based on no evidence and/or were perverse ? 2. Vhether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the profit arose in respect of the amount of 1,796 which was not remitted in India ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the sum of Rs. 1,68,157 had been eorrectly taxed as part of the assessec's trading profits?' 2. In order to appreciate these questions, it will be necessary to refer to certain facts as mentioned in the statement of case. But we will refer to certain summary of fac...
Shantilal Saraogi and anr. Vs. Mukund Lal Kothari and anr.
Court: Kolkata
Decided on: Sep-10-1980
Reported in: AIR1980Cal381
B.N. Maitra, J. 1. The plaintiffs have alleged that previously they were the owners of premises No. 2, Bysack Street Calcutta. On the 1st September, 1972, there was a decree by the Calcutta High Court in the Partition and Administration suit No. 162 of 1967. On the basis of that decree, the plaintiffs Nos. 1 to 4 have 1/6 share in the premises No. 6, Bysack Street and they have in their possession two rooms on the 1st floor, one room on the second floor and one small room on the 3rd floor. The room on the second floor is in possession of a tenant. There are nine members in the plaintiffs' family. They have also a maid servant and a servant. There are six rooms in the disputed premises. They reasonably require the same for their own use and occupation and for the occupation by the members of their family. The defendant is a defaulter. He sublet the entire premises and lived at 23, Mandeville Gardens, Calcutta. The defendant's tenancy was determined by a notice to quit. The suit is for e...
The Balrampur Sugar Co. Vs. Chalachhitra Bharati and ors.
Court: Kolkata
Decided on: Sep-08-1980
Reported in: AIR1981Cal23
ORDERPadma Khastgir, J. 1. This application has been taken out by the plaintiff for appointment of a Receiver over the box office collection at the Cinema Hall called 'Opsara Hall' with a direction to the Receiver to hand over to the petitioner all such collections in pro tanto satisfaction of the petitioner's claim against the defendant; also for an order of Receiver over the film 'Chadmabeshi' an order of injunction restraining the defendants from collecting any box office collection at the said Cinema Hall and also from exploiting or exhibiting the said film 'Chadmabeshi'. 2. The petitioner's case is that the defendants Nos. 2 and 3 are the partners of the defendant No. 1, The petitioners have been carrying on business as financier and merchants, On 4th of May, 1977 the petitioner lent and advanced a sum of Rs. 2,25,000/- to the defendants on in-inter alia, the following terms and conditions : (i) The said sum would carry interest at the agreed rate of 18% per annum; (ii) The defen...
Sanjay Investments Ltd. Vs. Nepal Chandra Datta
Court: Kolkata
Decided on: Sep-08-1980
Reported in: AIR1981Cal327
B.C. Chakrabarti, J.1. This revi-sional application at the instance of the plaintiff is directed against an order dated April 18, 1980 passed in Title Suit No. 99 of 1976 of the 3rd Court of Ld. Subordinate Judge at Alipore.2. The plaintiff instituted the aforesaid suit for a mortgage decree for recovery of Rs. 5 lacs lent and advanced to the defendant on different dates together with interest. The case of the plaintiff as made out in the plaint in brief is as follows:On or about May 23, 1972 the defendant entered into an agreement with the plaintiff whereby the plaintiff agreed to lend and advance various sums of money up to a maximum limit of Rs. 5 lacs. On the same date, in consideration of the agreement the defendant deposited with the plaintiff all the title deeds of lands and structures situate at premises No. 1, Sarat Chatterjee Avenue, Calcutta with intent to create a security thereon for repayment of the loan to be advanced to the defendant. On the 17th August, 1972, the defen...
Commissioner of Income-tax Vs. U.C. Mahatab, Maharaja of Burdwan
Court: Kolkata
Decided on: Sep-08-1980
Reported in: (1981)21CTR(Cal)244,85CWN203,[1981]130ITR223(Cal)
Sabyasacht Mukharji, J.1. In this case, the assessment years involved are 1963-64, 1964-65 and 1965-66. The assessee was the holder of an impartible estate known as the Burdwan Raj and was governed by the Mitakshara school of Hindu law. There was a partition of the family properties, according to the assessee, between the assessee and his three sons, by a deed dated 10th April, 1962. The assessee claimed partition of the family properties before the ITO. The ITO was of the view that the assessee has been assessed as an individual in the past and there has been no HUF which could be partitioned within the meaning of Section 171(1) of the I.T. Act, 1961, and the claim for partition was not enforceable. He was also of the view that the partition had not taken place in the true sense of the term as the assessee's mother and brother had no right to relinquish their title or interest in the impartible estate which was solely governed by the rule of primogeniture. He further found that there ...
Smt. Annada Sundari Saha Vs. Monoharan Saha and ors.
Court: Kolkata
Decided on: Sep-05-1980
Reported in: AIR1981Cal365
Ramendra Mohan Datta, J. 1. This application is made by the respondent in the above appeal for an order, inter alia, that the appeal herein be dismissed as being barred by limitation, There is an alternative prayer to the effect that the order granting leave to file the memorandum of appeal without the certified copy of the decree be cancelled or recalled or withdrawn and the leave granted be revoked and/or set aside and the appeal be dismissed on the ground of non-compliance by the appellant with the undertakings given at the time of the admission of the appeal.2. It is not necessary to go into the details of the facts except to mention thatthe hearing of the suit lasted for more than 32 days and, thereafter, the suit was dismissed with costs on or about April 11, 1974. On the very same date the plaintiff appellant gave requisitions for drawing up of the decree and for a certified copy thereof. The plaintiff appellant was granted leave to file the memorandum of appeal on or about Augu...
Commissioner of Income-tax Vs. K.L. Jhunjhunwalla
Court: Kolkata
Decided on: Sep-04-1980
Reported in: [1983]139ITR371(Cal)
Sabyasachi Mukharji, J. 1. The assessee is an individual and the reference relates to the assessment year 1964-65. The assessee was carrying on the business of brokerage and purchase and sale of jute and hessian goods. The ITO found that both the purchase and sale transactions in the business of jute and hessian goods were settled otherwise than by actual delivery. He, therefore, treated the business of purchase and sale of jute and hessian goods as speculation business. The ITO, however, further held that the income from brokerage on the purchase and sale of jute and hessian goods could not be treated as speculation income, since it was a business apart from speculation in jute and hessian goods. The result was that the net speculation loss of Rs. 340 was carried forward and not set off against the net brokerage income of Rs. 43,982.2. Against the order of the ITO, the assessee went up in appeal to the AAC who held that since the brokerage was received and ,paid on purchases and sales...
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