Kolkata Court November 1981 Judgments
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Duncan Brothers and Co. Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Nov-09-1981
Reported in: [1983]141ITR374(Cal)
Sabyasachi Mukharji, J. 1. In this reference under Section 256(1) of the I.T. Act, 1961, for the assessment year 1965-66, the Tribunal has referred to us the following question : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that in the computation of capital, the assessee was not entitled to the benefit of deduction of proposed dividend in terms of Section 2(8) of the Companies (Profits) Surtax Act, 1964, and the Second Schedule thereunder ?' 2. After hearing the parties and considering the facts of the case it appears to us that it wilt be more appropriate to reframe the question to bring out the correct controversy in the manner following : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that in the computation of capital the company was not entitled to the benefit of deduction of proposed dividend from its cost of investments in terras of Clause (ii) of Rule 2 of the Second Schedule to t...
Smt. Rita Roy Vs. Sitesh Chandra Bhadra Roy
Court: Kolkata
Decided on: Nov-05-1981
Reported in: AIR1982Cal138,86CWN167
B.N. Maitra, J.1. The husband has filed the present suit for divorce. The case is that on the 4th Dec., 1969, he was married to the respondent, Kita Roy, according to Hindu rites. The marriage was consummated. After the marriage she showed signs of abnormality. On the 8th Dec., 1970, a daughter was born out of the wedlock. Once she attempted to commit suicide. After observing her abnormal mental condition, he had her examined in the Mental Observation Ward, Bhowani-pore, in Jan./Feb., 1970. She was also under the treatment of one Dr. Gobinda Sen. In 1973, she was examined by doctor, Subsequently, she was admitted to Gobra Mental Hospital for treatment. From Jan., 1973, the respondent became incurably of unsound mind and has been suffering intermittently from mental disorder of such kind and to such an extent that she cannot safely and reasonably be expected to live with the petitioner.2. The respondent filed written statement denying the material allegations made by the husband. Her ca...
Prasant Chandra Sen Vs. United Commercial Bank and anr.
Court: Kolkata
Decided on: Nov-05-1981
Reported in: AIR1982Cal555
Sabyasachi Mukharji, J.1. This appeal is arising out of an order passed and judgment delivered by Mr. Justice Salil K. Roy Chowdhury on the 27th April, 1980 dismissing an application for amendment of written statement filed by defendant No. 2. It appears that a suit was filed in this case by the United Commercial Bank, the plaintiff on the 22nd June, 1970 against the principal debtor, which was a company being wound up by the Company Court by an order dated the 23rd July, 1979. Subsequently the plaintiff had obtained leave under Section 446 of the Companies Act, 1956 to continue the suit against the Official Liquidator, so far as defendant No. J was concerned which was the company in liquidation and by an order dated 3rd Dec., 1979 such leave was granted and the plaintiff took out an application under Chap. 13A of the Original Side Rules of the Calcutta High Court for summary judgment. The defendant No. 2, the present appellant also took out an application for particulars of the plaint...
Maharani Kamsundari Vs. Durganand Jha and ors.
Court: Kolkata
Decided on: Nov-04-1981
Reported in: AIR1982Cal151
S.C. Ghose, C.J. 1. This application has been made against the respondents for committing them to prison or visiting them with such punishment as this Court may think proper on account of violation of court's order of injunction restraining the respondents from selling, disposing of, transferring or in any way encumbering any of the assets of the Estate and from incurring any liability until further orders. This order was passed in an appeal for the removal of the trustees from their offices on 22nd June 1979 and thereafter confirmed in the presence of the parties.2. At the material time after the said order of injunction was in force the trustee-respondents sold a metergauge saloon as also a shed belonging to the Darbhanga Rai Estate.3. Mr. J.N. Roy appearing on behalf of the trustees admitted that such sale was made but the same, accordingto him was not made in a contumacious disobedience of the order of the Court. The said sale was made to avoid waste and inasmuch the said propertie...
Steel Authority of India Ltd. Vs. Transworld Marine Ltd. and anr.
Court: Kolkata
Decided on: Nov-04-1981
Reported in: AIR1982Cal161
Dipak Kumar Sen, J. 1. Steel Authority ofIndia Limited, the plaintiff, has instituted this suit against Transworld Marine Limited and Messrs. Chowgule Brothers, the defendants Nos. 1 and 2 respectively, claiming, inter alia, decree for Rs. 50,59,365.48; interests and costs. 2. The plaintiff's cause of action in the plaint appears to be that on or about the 13th June 1979 the plaintiff shipped a consignment of 434 pieces of mild steel plates on board the vessel 'M. V. Chaofong' owned by the defendant No. 1, a company incorporated under the laws of Taiwan and (hereinafter referred to as the said vessel) for being carried from the port of Kachsiung, Taiwan to Calcutta. 3. On the 8th August 1979, the said vessel while proceeding towards the Port of Calcutta sank near the Sandheads at Diamond Harbour and the entire consignment of steel plates were lost. It is alleged that the vessel was unseaworthy and that there was lack of care for the cargo. 4. The plaintiff alleges that the defendant No...
Simon Carves India Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Nov-04-1981
Reported in: [1983]141ITR712(Cal)
Sabyasachi Mukharji, J. 1. In this reference under Section 256(1) of the I.T. Act, 1961, two questions have been referred, one at the instance of the assesses and the other at the instance of the Revenue. It is better to deal with the question referred at the instance of the Revenue. The question is as follows : 'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the reimbursement by the assessee of the medical expenses incurred by its employees did not result directly or indirectly in the provision of any benefit or amenity or perquisite to theemployees within the meaning of Section 40(c)(iii) of the Income-tax Act 1961?'2. The ITO in this assessment had included medical allowance paid to the employees in the computation for the purpose of disallowance under Section 40(c)(in) of the I.T. Act, 1961, In the appeal before the AAC, following his predecessor's order, he confirmed the action of the ITO. When the matter went up in appeal befo...
Commissioner of Income-tax Vs. Texmaco Ltd.
Court: Kolkata
Decided on: Nov-02-1981
Reported in: (1982)29CTR(Cal)64,[1983]141ITR531(Cal)
Sabyasachi Mukharji, J.1. This reference under Section 256(1) of the I.T. Act, 1961, arises out of the assessment for the assessment year 1956-57. The following question has been referred to us :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that for the purpose of computing the capital employed under Section 15C of the Indian Income-tax Act, 1922, the written down value had to be worked out without deducting therefrom the initial depreciation ?'2. The only point involved in this reference relates to the ITO's action in computing the capital employed under Section 15C of the Indian I.T. Act, 1922, on the basis of written down value of fixed assets as on January 1, 1955, as reduced by the initial deprecutioa allowed for the various years. The facts of the case are that the Tribunal had directed the ITO to give relief to the assessee under s, 15C of the Indian I.T. Act, 1922, and compute the capital employed for the purpose in ac...
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