Kolkata Court March 1981 Judgments
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Jeewanlal (1929) Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Mar-02-1981
Reported in: [1983]139ITR865(Cal)
Sabyasachi Mukharji, J. 1. In this reference under Section 256(2) of the I.T. Act, 1961, the following questions have been referred to this court,' 1. Whether, on the facts and in the circumstances of the case and on a proper interpretation of the relevant provisions of the Special Export Promotion Scheme, the receipts of Rs. 32,91,180 and Rs. 21,26,232 in the assessment years 1965-66 and 1966-67, respectively, arising out of the transfer of the import entitlements are capital receipts, and not revenue profits assessable to tax ?2. Whether the finding of the Tribunal that the assessee entered the business of manufactures and exports of aluminium goods with the clear intention of taking advantage of such Special Export Promotion Scheme is based on any material or evidence and is perverse ?3. Whether the finding of the Tribunal that the profits and gains from the sale proceeds of import entitlements were foreseen by the assessee at the time of making exports and, therefore, were earned b...
Commissioner of Income-tax Vs. Calcutta Electric Supply Corporation Lt ...
Court: Kolkata
Decided on: Mar-02-1981
Reported in: [1982]138ITR111(Cal)
Sabyasachi Mukharji, J.1. In this reference under Section 256(1) of the I.T. Act, 1961, read with Section 19 of the Super Profits Tax Act, 1963, the following question has been referred to us :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the Debenture Sinking Fund of Rs. 2,32,8,123, Replacement and Contingencies Fund of Rs. 6,97,90,155 and Contingency Reserve Fund of Rs. 69,92,624 constituted reserves for the purpose of computing the capital of the assessee-company under the Second Schedule to the Super Profits Tax Act, 1963 ?'2. The assessee is the Calcutta Electric Supply Corporation Ltd., and the relevant assessment year is 1963-64. The assessee-company claimed as part of its Capital Debenture Sinking Fund Rs. 2,32,08,123, Reserve for Plant Expansion Rs. 6,97,90,155 and Contingency Reserve Fund of Rs. 69,92,624 to be part of its capital. The ITO rejected the assessee's claim on the ground that the funds were not allowable for th...
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