Kolkata Court August 1981 Judgments
Bhagwanji Bhawanbhai and Co. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Aug-18-1981
Reported in: (1982)28CTR(Cal)375,[1983]141ITR640(Cal)
Sabyasachi Mukharji, J.1. As directed by this court under Section 256(2) 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 Income-tax Appellate Tribunal was correct in holding that the credit of amount of Rs. 2,45,000 under 'Disclosure Capital Account' in place of various loan amounts in its books of accounts in a later year amounted to an admission of concealed income on the part of the assessee, as envisaged under the provisions of Section 271(1)(c) of the Income-tax Act, 1961 ?'2. This reference arises out of the assessment for the assessment year 1957-58. The original assessment was completed on a total income of Rs. 86,267 against the income of Rs. 57,318 returned by the assessee. This was reduced in appeal to Rs. 73,477. Subsequently some time in 1965 the assessee filed a petition under Section 271(4A) of the I.T. Act, 1961, before the Commissioner of Income-tax surrendering the hundi lo...
Tag this Judgment!Gopalpur Tea Company Ltd. Vs. Peshok Tea Co. Ltd. and ors.
Court: Kolkata
Decided on: Aug-17-1981
Reported in: [1982]52CompCas239(Cal),85CWN1147
Anil K. Sen, J.1. This is a revisional application at the instance of the plaintiff in Money Suit No. 8/72 of the court of the learned subordinate judge, Jalpaiguri, and it raises a short point as to whether further proceedings in the suit are liable to be discontinued in view of the provision of Section 16M of the Tea (Amendment) Act, 1976. The facts relevant for deciding the point at issue are not in dispute.2. The plaintiff instituted the aforesaid suit for the enforcement of a money claim as against the defendant, opposite party, Peshok Tea Co. Ltd., a public limited company registered under the Indian Companies Act carrying on the business of production, manufacture and sale of tea. It is not in dispute that pending the suit in October, 1976, the Central Govt. in exercise of its powers under Section 16E(1)(a) of the said Act authorised taking over of the management of two tea estates known as Peshok Tea Estate and Looksham Tea Estate, both owned and possessed by the defendant-comp...
Tag this Judgment!Brooke Bond India Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Aug-17-1981
Reported in: (1982)28CTR(Cal)345,[1983]140ITR272(Cal)
Sabyasachi Mukharji, J. 1. In this reference under Section 256(2) of the I.T. Act, 1961, as directed by this court, the following question has been referred to this court :' Whether, on the facts and in the circumstances of the case, the Tribunal was right in sustaining the disallowance of Rs. 13,99,305 being expenses incurred in connection with the issue of fresh lot of shares in 1967?'2. The question relates to the assessment year 1969-70 and the relevant accounting year ended on 30th June, 1968. The assessee issued 16,75,000 ordinary shares of Rs. 10 each at a premium and on that account incurred an expenditure of Rs. 13,99,305 and claimed the same as deductible expenses. The ITO disallowed the claim for deduction of Rs. 13,99,305 as he was of the view that the expenditure incurred by the assessee was on capital account. 3. Being aggrieved by the aforesaid order of the ITO, the assessee went up in appeal before the AAC. The AAC referred to the order of the ITO and observed that the ...
Tag this Judgment!Eastern Scales P. Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Aug-17-1981
Reported in: [1982]134ITR37(Cal)
Sabyasachi Mukharji, J.1. In this reference under Section 256(1) of the I.T. Act, the following question has been referred to this court:' Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in holding that the disallowance made out of salary paid to Mr. J. D. Somerville could be sustained under Section 40(c) of the Income-tax Act, 1961 ?'2. The assessee is M/s. Eastern Scales Pvt. Ltd. and the present statement relates to the assessment years 1973-74 and 1974-75 for which the corresponding previous years are the financial years ending on 31st March, 1973, and 31st March, 1974, respectively. In the appeals which were filed by the assessee for these two years the Tribunal was called upon to decide two issues: one relating to the curtailment of the deduction in respect of the managing director's salary from Rs. 42,350 per annum as claimed, to Rs. 36,000 per annum under the provisions of Section 40(c) and the other regarding the disallowance of R...
Tag this Judgment!Ram Kumar Keshori Vs. the State
Court: Kolkata
Decided on: Aug-14-1981
Reported in: 1981CriLJ1288
Monoj Kumar Mukherjee, J.1. On December 23, 1978 an Inspector of Police, Enforcement Branch, Calcutta, inspected the grocery shop-cum-godown of the petitioner, Ram Kumar Keshori, at 191. R. B. C. Road, Naihati and found various infractions of the West Bengal Anti-Profiteering Act, 1958, He seized the goods found in the shop, arrested the petitioner and registered a case against him under Section 8 of the W. B, Anti-Profiteering Act, 1958. During investigation, the Investigating Officer filed an application before the learned Sub-divisional Judicial Magistrate, Barrackpore stating that the investigation of the case also disclosed the commission of an offence under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 by the petitioner and praying that the above section may be added to the case and further time may be granted to complete the investigation. Though the application was dated July 15, 1979 the learned Magistrate took same for consideration on August 13, 1979. along with...
Tag this Judgment!Calcutta Landing and Shipping Co. Ltd. Vs. Collector of Calcutta and o ...
Court: Kolkata
Decided on: Aug-12-1981
Reported in: AIR1982Cal209
ORDERP.C. Borooah, J. 1. One D. L. Sen, a shareholder of the petitioner Calcutta Landing & Shipping Co. Ltd. (hereinafter 'the company') sold 9 shares of the said Company to one Phani Bhusan Sarkar, who applied to the company for registration of the said shares and deposited the original share scrips for necessary registration. The Company did not register the transfer on the ground that the signature of the transferor on the transfer deed did not tally with the specimen signature of the transferor maintained by the Company and also because the Adhesive Stamp on the Transfer Deed was not cancelled. Phani Bhusan Sarkar preferred an appeal against the decision of the company Law Board under Section 111 of the Companies Act, 1956. After hearing the contention of the Company, the Company Law Board by an order dated June 18, 1979 accepted the company's contention but referred the matter to the Collector of Stamps, Calcutta for adjudication of duty, penalty etc. under the provisions of the I...
Tag this Judgment!Bharat Bhusan Ray Vs. Nirmal Kanti Chakrabarti and ors.
Court: Kolkata
Decided on: Aug-12-1981
Reported in: AIR1981Cal347
Anil K. Sen, J. 1. This Rule arising out of a proceeding for pre-emption under Section 8(1) of the West Bengal Land Reforms Act, has been referred to the Division Bench by a learned single Judge of this Court in view of a new point raised at the hearing of the Rule relying upon a Bench decision of this Court in the case of Rukmini Debi v. Sm. Mihirbala Sarkar : AIR1977Cal161 . The two Courts below having allowed the application for pre-emption concurrently the pre-emptee is the petitioner before us. 2. The opposite party Nirmal Kanti Chakraborty, claiming himself to be a co-sharer by purchase of a holding comprised of 17 decimals of land in Plot No. 238/487 of Khatian No. 419 of Mouza Baruihuda, P. S. Krishnagar, filed an application fot pre-emption under Section 8(1) of the Land Reforms Act for pre-empting a sale of 8 1/2 decimal of the aforesaid plot by his co-sharer, the opposite party No. 2 to the petitioner Bharat Bhusan Roy on Feb., 13, 1974. He claimed pre-emption on two-fold gr...
Tag this Judgment!Pranab Ganguly Vs. Shambazar Land and Estate Pvt. Ltd.
Court: Kolkata
Decided on: Aug-12-1981
Reported in: AIR1981Cal345,86CWN40
ORDERSudhindra Mohan Guha, J. 1. This application for revision is directed against the order dated 11th Feb., 1980 passed by Sri A. K. Bhattacharya, Munsif, 1st Court, Sealdah dismissing the application under Section 17 (2) of the West Bengal Premises Tenancy Act. 2. The opposite party instituted a suit being T. S. No. 194 of 1977 against the petitioner for ejectment on the ground of default in respect of the suit flat at the third floor at premises No. P/271/B. C. I. T. Scheme No. VI -- M. Baliaghata, which the petitions was occupying at a monthly rent of Rs. 266/- payable according to English Calendar. The allegation was that the petitioner failed to pay monthly rent from Sep., 1976 and lift charges from Aug., 1976. 3. In the application under Section 17 (2) the relationship of landlord and tenant was disputed. It was also pointed out that in Aug., 1976 the lift of the tenanted premises went out of order and the petitioner filed an application under Section 34 (1) of the Act before t...
Tag this Judgment!Phillips Carbon Block Ltd. Vs. Commissioner of Income-tax, Central
Court: Kolkata
Decided on: Aug-11-1981
Reported in: (1982)28CTR(Cal)333,[1982]136ITR205(Cal)
Sabyasachi Mukharji, J.1. This reference arises out of an assessment for the year 1967-68 under Section 256(1) of the I.T. Act, 1961, and the following question has been referred to this court:'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the short-term and fixed bank deposits could not be included in the capital computation for the purpose of working out relief under Section 84 of the Income-tax Act, 1961, as it then stood, read with Rule 19(4) of the Income-tax Rules, 1962 ?'2. The assessee is a limited company. For this assessment year one of the claims of the assessee-company was that the bank deposits should not be excluded from the capital computation for the purpose of working out the exemption under Section 84 of the I.T. Act, 1961, as it then stood. The ITO however, among other claims also, did not accept this claim. The assessee-company, being aggrieved by the aforesaid decision of the ITO, went up in appeal ...
Tag this Judgment!National Jute Manufacturers Corporation Ltd. Vs. Commercial Tax Office ...
Court: Kolkata
Decided on: Aug-11-1981
Reported in: [1982]49STC271(Cal)
Tarun Kumar Basu, J.1. In this application the petitioner, National Jute ., Unit Alexandra, challenges an order of the Commercial Tax Officer, Lyons Range Charge, dated 18th March, 1981. The fact relating to the passing of the impugned order may be briefly stated.2. By a Central Act called the Jute Companies (Nationalisation) Act, 1980 (No. 62 of 1980) (hereinafter referred to as the Act), the undertakings of jute companies whose names appear in the First Schedule to the Act were nationalised. It appears that by virtue of Section 3 of the said Act those undertakings stood vested in the Central Government on the appointed day.3. By virtue of Section 6 of the Act the undertaking which vested in the Central Government appear to have, by operation of law, vested in the petitioner-Corporation.4. Thereafter the petitioner made an application for registration under the provisions of the Bengal Finance (Sales Tax) Act, 1941 (hereinafter referred to as the Sales Tax Act). The impugned order was...
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