Kolkata Court March 1982 Judgments
Commissioner of Income-tax Vs. International Combustion (i.) Pvt. Ltd.
Court: Kolkata
Decided on: Mar-24-1982
Reported in: (1982)29CTR(Cal)35,[1982]137ITR184(Cal)
Suhas Chandra Sen, J.1. International Combustion (I) Pvt. Ltd. is a construction contractor and a dealer in machinery and 'plant. The relevant assessment year is 1967-68, and the corresponding previous year ended on 30th September, 1966. The company purchased plant and machinery from the United Kingdom. As a result of these transactions the assessee-company had to pay huge amounts to the suppliers of U.K. But its liability further increased as a result of devaluation of the Indian rupee on 6th June, 1966. The assessee-company was, therefore, required to pay an additional liability of Rs. 19,48,067 to the suppliers of U.K. The assessee claimed this liability as a deduction in computing the profits for the assessment year 1967-68. The ITO, however, disallowed this amount by relying on the judgment of the Bombay High Court in the case of Pohoomal Brothers : [1965]55ITR112(Bom) . It was further observed by him that this could not be allowed even as an expenditure under Section 37 of the I....
Tag this Judgment!Union of India (Uoi) Vs. the Commercial Tax Officer and anr.
Court: Kolkata
Decided on: Mar-24-1982
Reported in: [1982]51STC310(Cal)
Ganendra Narayan Ray, J.1. This rule is directed against the assessment order dated 12th February, 1972, for the period from 1st April, 1967, to 31st March, 1968, under the Bengal Finance (Sales Tax) Act, 1941 and the demand notice dated 25th February, 1972, issued by the Commercial Tax Officer, Shyambazar Charge. The petitioner also prays for appropriate writ or writs directing the respondents to recall, rescind and/or withdraw the registration certificate No. 964A H.C. Central dated 13th September, 1962, as referred to in the writ petition. The petitioner, namely, the Union of India through the General Manager, Gun and Shell Factory, Cossipore, Calcutta, contends that the said Gun and Shell Factory is owned and controlled by the Government of India, Ministry of Defence and the said factory manufactures items of defence services principally, but occasionally the factory also manufactures goods required by the Central Government departments. State Government departments and various und...
Tag this Judgment!Visva Bharati Vs. Regional Provident Fund Commissioner
Court: Kolkata
Decided on: Mar-24-1982
Reported in: (1983)ILLJ332Cal
P.C. Borooah, J.1. The petitioner, Visva Bharati, is a University incorporated by an Act of Parliament being the Visva Bharati Act, 1951 (hereinafter referred to as 'the Act') and is situated at Sahtiniketan in the District of Birbhum in West Bengal. The University imparts education in the Humanities and Science streams and also gives practical training in various faculties, such as agriculture, carpentry, etc. For the purpose of imparting education in agriculture the University has an Agricultural College which prepares students for the Degrees of B.Sc. and M.Sc. in Agriculture. For experimental purposes and practical training of the students the University maintains an agricultural farm, the basic purpose of which is to carry on experimental research and impart practical training to the students of Agriculture. There is also experimental sowing of fodder and crops, such as paddy and wheat, and some of the products of the said farm are sold to the employees of the University.2. As a p...
Tag this Judgment!Commissioner of Income-tax (Central) Vs. Indo-burmah Petroleum Co. Ltd ...
Court: Kolkata
Decided on: Mar-23-1982
Reported in: [1983]142ITR141(Cal)
Sabyasachi Mukharji, J.1. In this reference under Section 256(2) of the I.T. Act, 1961, the following two questions have been referred to this court as directed by this court :For the assessment year 1968-69 : 'Whether, on the facts and in the circumstances of the case, the Tribunal misdirected itself in law in holding that the legal expenses of Rs. 14,300 incurred by the assessee in connection with two suits were incurred for the purpose of the assessee's business and were as such allowable in computing the assessee's total income ?' For the assessment year 1969-70 : 'Whether, on the facts and circumstances of the case, the Tribunal misdirected itself in law in holding that the legal expenses of Rs. 11,500 incurred by the assessee in connection with the suits being Nos. 1684 of 1967 and 1720 of 1967 were incurred for the purpose of the assessee's business and as such were allowable in computing the assessee's total income ?' 2. The assessee is a limited company and this reference rela...
Tag this Judgment!Commissioner of Income-tax Vs. Jatia Manufacturing Investment Co. Pvt. ...
Court: Kolkata
Decided on: Mar-23-1982
Reported in: (1982)30CTR(Cal)44,[1983]142ITR536(Cal)
Sabyasachi Mukharji, J. 1. Under Section 256(2) of the I.T. Act, 1961, as directed by this court, the Tribunal has referred to us the following two questions :' 1. Whether, on the facts and in the circumstances of the case, theTribunal misdirected itself in law in holding that the liability for thepayment of interest amounting to Rs. 16,080 did not accrue during theprevious year relevant to the assessment year 1969-70, and accrued onlyduring the previous year relevant to the year under consideration? 2. Whether, on the facts and in the circumstances of the case, and having regard to the fact that the assessee was following mercantile method of accounting, the Tribunal was correct in holding that the interest of Rs. 16,080 which was due in respect of the assessment year 1969-70, could be allowed as a deduction for the assessment year 1970-71 ?' 2. This reference relates to the assessment year 1970-71, the corresponding previous year being the year ended 30th April, 1969. The asses-see i...
Tag this Judgment!Brijmoni Devi and ors. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Mar-22-1982
Reported in: (1982)30CTR(Cal)47,[1983]142ITR427(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 right in holding that amount of Rs. 1,00,000 could be subjected to tax as capital gains under the provisions of Income-tax Act, 1961?' 2. The assessee was one Shri Laxmandas Agarwalla and was dead and the assessment was made upon the legal heirs, Smt. Brijmoni Devi and others. This reference relates to the assessment year 1965-66 for which the previous year ended on the Dewali 2021. The assessee stated before the ITO that the property at No 7, Jatindra Mohan Avenue, Calcutta, has been sold for Rs. 3 lakhs to Prayag Devi Trust, a trust created by Shri Laxmandas Agarwalla in which he and his wife, Smt. Brijmoni Devi, were trustees. The building was a five-storeyed brick-built building constructed on 10 cottahs-7 sq. ft. of land. The property was mortgaged to M/s. Alla...
Tag this Judgment!Smt. Uma Debi Jhawar Vs. Wealth-tax Officer and ors.
Court: Kolkata
Decided on: Mar-22-1982
Reported in: [1982]136ITR662(Cal)
M.N. Roy, J. 1. The petitioner purchased a plot of laud being premises No. 42B, Garcha Road, subsequently numbered and renamed as 51E, Gariahat Road (hereinafter referred to as the 'said premises'). The area of the said premises has been stated to be 1 bigha, 19 cottahs, 11 chitaks and 3 sq. ft. Such purchase was made from one Smt. Latika Ghose of 80/5B, Lansdown Road, Calcutta. The petitioner has stated that in or about July, 1966, she started construction of a building on the said premises and such construction was completed in or about October, 1968, at a total cost of about Rs. 2,46,363.11. It has also been stated by the petitioner that she was all along and since the assessment year 1958-59, assessed under the provisions of the W.T. Act, 1957 (hereinafter referred to as the 'said Act').2. It has further been stated by the petitioner that in the course of assessment proceedings under the provisions of the I.T. Act, 1961, for the assessment year 1967-68, she furnished to the ITO con...
Tag this Judgment!Wealth-tax Officer Vs. B.K. Chatterjee
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-20-1982
Reported in: (1982)1ITD857(Kol.)
1. These appeals by the revenue are consolidated and disposed of by a common order for the sake of convenience as they involve a common ground. These appeals relate to the assessment years 1970-71 to 1975-76 and are directed against the consolidated order of the AAC dated 17-9-1980 wherein he held that the taxes deducted at source from the salaries of the employees but remaining unpaid to the credit of the Central Government for more than 12 months, were not covered by Section 2(m)(iii) of the Wealth-tax Act, 1957, and accordingly deductible in the computation of net wealth. The common ground taken by the revenue is that the learned AAC erred in doing so.2. At the time of hearing none appeared on behalf of the assessee although the notice of hearing was duly served on 17-2-1982 and acknowledgment is on record. Therefore, the learned departmental representative was duly heard and the case is decided ex parts on merits of the Base.3. The assesses is an individual. While computing the ne...
Tag this Judgment!Md. Zazmul Ahasen Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-19-1982
Reported in: AIR1982Cal546
ORDERSuhas Chandra Sen, J.1. The petitioner, Modammad Zazmal Ahasen, is a modified Ration Dealer under the Scheme framed by the West Ben-bal Government for distribution of foodstuffs to consumers and runs a modified Ration Shop in Dhalhara, P.S. Tandu, Midnapore. The petitioner is working as a modified Ration Dealer since 17th May, 1967.2. The petitioner's licence was renewed from time to time. The last such renewal was on 5th Sept., 1975, and the licence was valid up to 4th Sept., 1980.3. On or about 18th July, 1980, the Circle Inspector, Food and Supplies, Tamuluk and the Inspector of Food and Supplies, Tamuluk, the respondents Nos. 6 and 7 herein visited the shop of the petitioner for inspection. It is alleged that during inspection the petitioner could not produce hooks of accounts relating to rationed commodities. Stock Books, Daily Sales Register, Non-drawal Register and Cash Memos could not be produced for the period of six months up to 19th July, 1980. On enquiry from the Ratio...
Tag this Judgment!Addl. Commissioner of Income Tax Vs. Bengal Salt Co. Ltd.
Court: Kolkata
Decided on: Mar-19-1982
Reported in: (1983)32CTR(Cal)1
: Sabyasachi Mukharji, J. - The statement of the case relates to the asst. yr. 1969-70 and the question which has been referred to us is as follows :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in allowing the claim of the assessee for Rs. 31,698 u/s 37 of the IT Act, 1961, relating to the asst. yr. 1969-70?'2. The assessee is a limited company in which it was stated that the Government of West Bengal had substantial shares. During the accounting year under reference the assessee claimed expenses in respect of contribution to gratuity fund for Rs. 31,698. The ITO rejected this claim on the ground that the claim was inadmissible in view of the provisions of s. 36(1)(v) of the IT Act, 1961. The ITO held that the claim could not be made u/s 37 (1) of the Act.3. The assessee appealed before the AAC. The AAC confirmed the view taken by the ITO. He, however, allowed the claim of the assessee to the extent of Rs. 4,047 because this claim was with refere...
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