Kolkata Court January 1981 Judgments
Commissioner of Income-tax Vs. Associate Industrial Distributors
Court: Kolkata
Decided on: Jan-14-1981
Reported in: (1981)22CTR(Cal)281,[1982]138ITR304(Cal)
Sudhindra Mohan Guha, J.1. In this reference under Section 256(1) of the I.T. Act, 1961, at the instance of the Commissioner of Income-tax, West Bengal, Calcutta, the following question has been referred to this court :'Whether, on the facts and in the circumstances of the case, and on a proper construction of the deed dated 6th September, 1963, the Tribunal was correct in law in holding that a genuine firm had come into existence and the same was entitled to registration ?'2. This reference relates to the assessment year 1964-65. The assessee claimed that it was a registered firm constituted under an instrument of partnership deed dated 6th September, 1963, but was assessed as an association of persons. According to the instrument of partnership dated 6th September, 1963, there were ten partners including a private limited company, M/s. Charat Ram Shri Dhar Private Ltd. Besides, ten minors were admitted to the benefits of the partnership. The ITO took objection to the clause, in the i...
Tag this Judgment!Harendra Nath Chakraborti and ors. Vs. Asim Sindhu Chakraborty
Court: Kolkata
Decided on: Jan-13-1981
Reported in: AIR1981Cal325,85CWN509
B.N. Maitra, J. 1. The plaintiffs filed the suit after obtaining the permission of the Court according to the provision of Rule 3 of Order 1 of the Civil P. C. Their allegation is that the C. S. Plot No. 1434/1901 having an area of .1 decimal has been erroneously recorded in the name of defendant No. J in the R. S. Khatian. It is a public way and it is a part of plot Nos. 1846 and 1424. The disputed way is meant for the use by the public. Plots Nos. 1404, 1424 and 1846 form a public road. It has been shown in the sketch map attached to the plaint. The disputed path is a continuation of the public pathway. Its character has been sought to be changed because it has been made a bata plot. The general public have been using the same from time immemorial and they have acquired customary right and easement of necessity on the principles of lost grant. The defendant No. 1 threatened to obstruct that plot on the 1st Pous, 1379 B. S. The suit is for declaration of easement right and for an inju...
Tag this Judgment!Tar and Bitumen Products Ltd. Vs. Commissioner of Income-tax and ors.
Court: Kolkata
Decided on: Jan-13-1981
Reported in: [1982]136ITR833(Cal)
Sabyasachi Mukharji, J.1. The questions involved in this reference under Section 256(2) of the I.T. Act, 1961, are as follows :'1. Whether, on the facts and in the circumstances of the case, the assessee was entitled to claim deduction of Rs. 1,08,922 as a revenue expenditure ? 2. If the answer to question No. 1 is in the affirmative, whether the Tribunal was justified in disallowing the said claim of the assessee ?' 2. The relevant facts which pertain to the assessee's claim for deduction of Rs. 1,08,922 in respect of the assessment year 1962-63 are that under a deed of partnership dated January 10, 1957, K.S. Awasthi, S.S. Awasthi, George Philip and Dipak Dasgupta were carrying on business in tar and bitumen products under the name and style of M/s. Tar & Bitumen Products. Sri George Philip and one Sri Gupta, an employee of the said firm, floated a company called 'India Tar & Bitumen Products Pvt. Ltd.', later on changed to Tar and Bitumen Products P. Ltd. in benami names to carry on...
Tag this Judgment!Commissioner of Income-tax, Central I Vs. Ashoka Charity Trust
Court: Kolkata
Decided on: Jan-13-1981
Reported in: [1982]135ITR556(Cal)
Sabyasachi Mukharji, J.1. In this reference under Section 256(1) of the I.T. Act, 1961, the following question has been referred to this court:'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that even though the assessee received voluntary contributions from non-charitable institutions, the expenditure incurred should be deemed to have been met out of the income derived from property held under trust 'This question has to be decided in the background of the fact that the assessee is a charitable trust. The assessment year involved is 1972-73, and the relevant accounting year is the financial year which ended on 31st March, 1972. During the accounting year relevant to the assessment year under reference the assessee received voluntary contributions amounting to Rs. 2,20,000 firm two individuals and one company. The income of the trust derived from property held wholly for charitable or religious purposes has been set off against the ent...
Tag this Judgment!Adhir Kumar Das Vs. Sm. Juthika Sen
Court: Kolkata
Decided on: Jan-12-1981
Reported in: AIR1981Cal334
Bimalendra Nath Maitra, J.1. Appeal against the decree of Shri R. C. Ghosh, Subordinate Judge of Zillah Murshidabad in Title Appeal No. 34 of 1969 dated the 24th of June, 1972, affirming the decree of Shri G. Halder, Munsif, 2nd Court Berhampore District Murshidabad dated the 10th of December, 1968.2. The plaintiff's case is that the defendant is her tenant regarding the disputed premises at a rental of Rs. 35/- payable ac-cording to English calendar. He has been running a printing press in that premises. From January, 1964, he has been using an electric motor with high horse-power for running the press. The result is that due to the noise and vibrations, the walk and floor of the first floor have been cracked and her heart disease has aggravated. She has no drawing room in her house for the use of her husband and son. She reasonably requires the disputed premises for using the same as her drawing room. The defendant is a defaulter. His tenancy was properly determined by a notice to qu...
Tag this Judgment!Commissioner of Income-tax Vs. Jugantar P. Ltd.
Court: Kolkata
Decided on: Jan-12-1981
Reported in: (1981)21CTR(Cal)270,[1981]128ITR619(Cal)
Sabyasachi Mukharji, J.1. In this reference under Section 256(1) of the I.T. Act, 1961, the following question has been referred to this court:'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the reserve for bad and doubtful debts and reserve for gratuity were to be included in the computation of capital under the provisions of the Second Schedule to the Companies (Profits) Surtax Act, 1964?'2. The assessee is a private limited company. The relevant assessment year is 1966-67, in respect of which the corresponding previous year ended on December 31, 1965. It has been publishing a Bengali daily in the name and style of 'Jugantar'. In the computation of capital for the purpose of surtax assessment under the provisions of the Companies (Profits) Surtax Act, 1964, the assessee-company included reserves for bad and doubtful debts and for gratuity. In his computation, according to the Second Schedule to the said Act, the ITO refused to t...
Tag this Judgment!Mahabir Pandey and ors. Vs. Sashi Bhusan Dubey and ors.
Court: Kolkata
Decided on: Jan-09-1981
Reported in: AIR1981Cal74,85CWN357
B.N. Maitra, J. 1. The plaintiff's case is that the disputed property belonged to one Dwarika Nath Roy, whose name was properly recorded in the C. S. Khatian. He possessed the property all along and died on the 19th May, 1934, leaving his widowJahnabi, pro forma defendant No. 3, and his mother, Mahamaya alias Parbati. Jahnabi inherited that property as Dwarika's sole heir, She and Parbati lived on the homestead left by Dwarika. Then Jahnabi went away else-where and Mahamaya alias Parbati alone managed the property. The latter breathed her last five years before the filing of the suit. By a registered kobala executed on the 9th Nov., 1962, Jahnabi sold the suit land to the plaintiffs. But the principal defendants Nos. 1 and 2 did not allow them to take possession of the property on the assertion that they had purchased the same from Lakshmibala, who had acquired the same from her mother, Parbati, on the footing of a deed of gift. The land was erroneously recorded in Mahamaya's name in t...
Tag this Judgment!Seth Chemical Works Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jan-07-1981
Reported in: (1981)21CTR(Cal)274,[1983]140ITR507(Cal)
Sudhindra Mohan Guha, J. 1. This reference is under Section 256(1) of the I.T. Act, 1961, at the instance of the assessee. The assessee had been paying the bonus under the Bonus Act to its employees on cash basis in the past. It maintained accounts on the mercantile system. But it was only in respect of bonus that it followed the cash system. In the year of assessment, being 1971-72, the assessee paid a bonus of Rs. 1,00,004 in cash to its employees. The cash payment of bonus was in respect of the liability for the assessment year 1970-71. The assessee made a provision for the payment of bonus in accordance with the provisions of the Bonus Act, 1965, for the assessment year 1971-72, and also claimed both the cash payment for the assessment year 1971-72 and the provision for the assessment year 1971-72 as a deduction. The ITO disallowed both the claims of the assessee. 2. In appeal, the AAC held that the assessee could not claim the deductions for the preceding year, and on mercantile s...
Tag this Judgment!Commissioner of Income-tax Vs. Plastica Moulders (P.) Ltd.
Court: Kolkata
Decided on: Jan-07-1981
Reported in: [1982]134ITR114(Cal)
Sabyasachi Mukharji, J.1. In this reference under Section 256(1) of the I.T. Act, 1961, the following question has been referred to this court: ' Whether, on the facts and in the circumstances of the case, and on a correct interpretation of Clause (1)(c)(iii)(B) of the second proviso to Para-graph F of the First Schedule to the Finance Act, 1965, the Tribunal was correct in holding that the amount by which the rebate from income-tax payable by the assessee should be reduced under the said clause should be computed with reference to the proposed dividend of Rs. 24,000 and not with reference to the dividend of Rs. 60,000 relating to the profits of the assessment year 1964-65 though declared and distributed during the previous year for the assessment year 1965-66 '2. The assessee is a private limited company engaged in the manufacture of plastic goods. The provisions of Section 104 of the I.T. Act apply in the case of the assessee. There is also no dispute that according to sub-el. (B) of...
Tag this Judgment!Commissioner of Income-tax Vs. Bird and Co. (P.) Ltd.
Court: Kolkata
Decided on: Jan-07-1981
Reported in: [1981]128ITR600(Cal),[1982]50STC135(Cal)
Sabyasachi Mukharji, J.1. In this case under Section 256(1) of the I.T. Act, 1961, the following question has been referred to this court:'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the sum of Rs. 76,103 representing the excess of collection made from the customers on account of Central sale tax over the actual liability for the said sales tax did not represent the assessee's taxable income under the provisions of the income-tax Act, 1961?'2. The assessee is a resident company and the assessment year involved is 1968-69. The relevant accounting period was the financial year which ended on 31st March, 1968. In this accounting period, the assessee had transferred a sum of Rs. 76,103 from the Central sales tax account to an unclaimed deposit account. The amount represented what remained of the sales tax collected by the assessee from its customers during a long period past but not paid to the Government. The ITO held that the sal...
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