Kolkata Court April 1982 Judgments
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Shaw Wallace and Co. Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Apr-19-1982
Reported in: [1983]143ITR885(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 Appellate Tribunal was right in holding that goodwill amounting to Rs. 39,63,686 written off in 1956, investment reserve amounting to Rs. 16 lakhs written off in 1961 and investments totalling Rs. 20 lakhs written off in the year 1957 to 1961 which did not appear in the balance-sheets of the years immediately preceding the previous years corresponding to the relevant assessment years could not be included in the capital computation for the purpose of working out the liability under the Super Profits Tax Act, 1963, and the Companies (Profits) Surtax Act, 1964 ' 2. We may mention that before us no argument regarding investment reserve amounting to Rs. 16 lakhs written off and investments totallingRs. 20 lakhs written off in the years 1957 to 1961 which did not appear in the balanc...
Commissioner of Income-tax Vs. Clive Mills Co. Ltd. (In Liquidation)
Court: Kolkata
Decided on: Apr-19-1982
Reported in: (1982)27CTR(Cal)300,[1982]138ITR182(Cal)
Sabyasachi Mukharji, J.1. In this reference under Section 66(2) of theIndian I.T. Act, 1922, as directed by this court, the following question hasbeen referred to us :'In the facts and circumstances of the case, was the Tribunal justified in drawing the inference that no concealment was established in respect of the sum of Rs. 1,73,678 and that no penalty was justified ?'2. It appears that this reference relates to the assessment orders for the assessment year 1948-49 and is arising out of the penalty under Section 28(1)(c) of the Indian I.T. Act, 1922. The assessee is a company and it was carrying on business in the manufacture of jute goods. During the relevant previous year it purchased a substantial quantity of jute at its Bhairab Agency. The ITO found that the average purchase rate at such agency was Rs. 30.5 annas per maund as against the average market price of Rs. 29-7-3 pies per maund. In proof of the purchases the assessee produced only a register that was maintained at Bhair...
Hari Prakash Agarwalla Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Apr-13-1982
Reported in: (1982)1ITD1014(Kol.)
1. This appeal is directed against the order under Section 263 of the Income-tax Act, 1961 ("the Act"), passed by the Commissioner in respect of the assessment year 1976-77. The facts of the case may be noted first to appreciate the arguments of the learned counsel whereby he assailed the order of the learned Commissioner as wholly unsupportable in law.2. The assessee was an individual and was carrying on business in the name and style of Arun Steel Industries at 17/1C, Alipore Road. On 9-3-1976 His residential and business premises were searched under an authorisation issued by the Commissioner, West Bengal. In that search jewellery and lockers were discovered. The jewellery discovered was valued at Rs. 4,26,073. In proceedings under Sub-section (5) of Section 132 of the Act, the assessee explained vide his written explanation dated 26-4-1976 that the jewellery in question belonged to his wife, his daughter-in-law, Smt. Uma Devi Agarwalla, and his mother Smt. Manna Devi Agarwalla. Th...
State of West Bengal and anr. Vs. Dilip Kumar Saha and ors.
Court: Kolkata
Decided on: Apr-13-1982
Reported in: AIR1983Cal213
Chittatosh Mookerjee, J. 1. The State of West Bengal having accepted the tender submitted by Sri Dilip Kumar Saha, Proprietor of M/s. Associated Engineers and Contractors, an agreement was executed between the parties for construction by the latter of a portion of a diversion road of National Highway No. 34 Group-VI from three mile-posts to four mile-posts situated in the district of Malda. The Chief Engineer, P. W. D., West Bengal had referred to Sri S. K. Chakraborty, Superintending Engineer, Road Construction, Circle-VI, P. W. D. Roads Directorate of West Bengal to arbitrate five items of dispute which had arisen in connection with the execution of the said contract.2. After Sri S. K. Chakraborty, arbitrator had filed his award in the said dispute case, the State had prayed before the Subordinate Judge's Court, Malda for passing a decree in terms of the said award. Dilip Kumar Sana, on the other hand, made a petition before the said Court under Section 30 of the Arbitration Act for ...
Hindustan Aluminium Corporation Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Apr-13-1982
Reported in: (1982)30CTR(Cal)363,[1983]144ITR474(Cal)
Sabyasachi Mukharji, J. 1. This reference under Section 256(1) of the I.T. Act, 1961, relates to the assessment year 1973-74. The Tribunal has referred to this court the following two questions, one at the instance of the assessee and the other at the instance of the Revenue : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the sum of Rs. 66,666 should be allowed as a deductible revenue expenditure in computing profits and gains of the assessee's business during the accounting year relevant to the assessment year 1973-74 2. Whether, on the facts and in the circumstances of the case, when the amount of Rs. 5,07,903 had not been transferred to a fund and the concerned amount had not gone irretrievably out of the coffers of the assessee having regard to the provisions of section 40A(7) of the Act with retrospective effect from 1st April, 1973, the Tribunal was right in disallowing the claim under the provisions of the Income-tax Act,...
Union of India (Uoi) and ors. Vs. Free India Dry Accumulators Ltd.
Court: Kolkata
Decided on: Apr-12-1982
Reported in: 1983(12)ELT733(Cal)
M.M. Dutt, J.1. This appeal has been preferred by the Central Excise authorities against the judgment of a learned single Judge of this Court, whereby the learned Judge made absolute the Rule Nisi issued on the application of the respondent company, Free India Dry Accumulators Ltd., under Article 226 of the Constitution.2. The question that is involved in this appeal relates to the assessment of excise duty payable on the wholesale cash price of storage batteries. On April 30, 1970, the South Eastern Railway placed an order with the respondent for supply of 192 sets of electric storage batteries. The batteries were to be manufactured with old containers to be supplied by the Railway, the value of which was agreed to be adjusted against the price of the finished batteries. The price of each finished battery was fixed at Rs. 309.50 but, as the Raliway would supply the containers, it was agreed that a rebate of Rs. 50/- was to be deducted from the said price. Consequently the Railway was ...
Sushil Chandra Sur and ors. Vs. Smt. Sadhana Bakobi and anr.
Court: Kolkata
Decided on: Apr-08-1982
Reported in: AIR1982Cal417,1982(2)CHN739,86CWN739
B.C. Chakrabarti, J.1. These three appeals are directed against a common judgment dated Aug. 24, 1974 by which three miscellaneous cases, arising out of three objections under Section 47, C. P. Code were disposed of.2. Facts are not very much in dispute. The appellants instituted three ejectment suits in the City Civil Court, Calcutta for eviction of the respondents from different portions, of premises No. 125, Canning Street, now known as 125, Biplabi Rash Behari Road, Calcutta, which the respondents held as tenants under the plaintiff-appellants. They are Ejectment Suits Nos. 1129/65, 1130/65 and 1138/65, The grounds upon which the claims for eviction were founded were default in the payment of rent and reasonable requirement of the landlord for purposes of building and rebuilding. There was an additional ground in suit No. 1129/65 namely that the tenant had illegally and unauthorisedly sublet portions of the tenanted premises. All the three suits were decreed on compromise shortly a...
Ram Awatar Agarwal and ors. Vs. Corporation of Calcutta and ors.
Court: Kolkata
Decided on: Apr-07-1982
Reported in: AIR1975Cal314,86CWN793
M.M. Dutt, J. 1. The appellants, who are 60 in number, have preferred this appeal against the judgment of B. C. Ray J., whereby the learned Judge dismissed the application of the appellants under Article 226 of the Constitution of India. 2. The appellants claim to be the tenants of premises No. 174, Chittaranjan Avenue, Calcutta, which is a 14-storeyed building. It is not disputed that the said building has been constructed without any sanctioned plan and in violation of the provisions of the Calcutta MunicipalAct, 1951, hereinafter referred to as the Act, and the Building Rules under Schedule XVI of the Act. Admittedly, one Smt. Durga Devi is the owner of the land, comprising the said building being premises No. 174, Chittaranjan Avenue, Calcutta. The respondent No. 11, Shyam Lal Agarwalla, took a lease of the land with an old structure standing thereon from the said Durga Devi on June 27, 1977. The old structure was demolished by him and, thereafter, he started the construction of th...
Prosad Kumar Dhara Vs. Kamala Kanta Dikshit and ors.
Court: Kolkata
Decided on: Apr-07-1982
Reported in: AIR1982Cal532,1982(2)CHN1,(1982)2CompLJ164(Cal),86CWN848
Anil K. Sen, J. 1. These are two applications under Article 227 of the Constitution arising out of two proceedings under the West Bengal Restoration of Alienated Land Act, 1973 being Cases Nos. 89 and 90/75-76 The respective opposite parties Kamala Kanta Dikshit and Lakshmi Kanta Dikshit initiated those proceedings for restoration of lands and buildings transferred by them in favour of the present petitioner in the year 1968.2. It is not in dispute that the two brothers were the owners of a premises consisting of four rooms, verandah, kitchen and privy situate at holding No. 107, Ward No. 3 within the Tamluk Municipality. In the year 1968 the two brothers by two sale deeds transferred their respective shares in the said property to the present petitioners and the deeds recite that such sale was being made to meet the need of money for the business of the two brothers. As and when the West Bengal Restoration of Alienated Land Act, 1973, came into force, these two brothers, the transfero...
Commissioner of Income-tax Vs. R. Mcdill and Co. (P.) Ltd.
Court: Kolkata
Decided on: Apr-07-1982
Reported in: [1983]144ITR415(Cal)
Suhas Chandra Sen, J.1. M/s. K. McDill & Co. (P.) Ltd. carries on business as mine owners and exporters of various minerals.2. The assessee returned an income of Rs. 12,07,570 for the assessment year 1959-60, for which the relevant accounting period is the one ending on 31st July, 1958. The assessment, however, was completed by the ITO on a total income of Rs. 18,97,624 on the 19th April, 1963. The ITO included in the total income of the assessee cash credits amounting to Rs. 2 lakhs and a sum of Rs. 5 lakhs on account of alleged suppression of production and sales under the head 'Business'. The tax payable by the assessee was determined at Rs. 10,47,356.3. The assessee preferred an appeal and the AAC by his order dated 12th January, 1967, reduced the total income to Rs. 10,25,206. The additions on account of cash credit and suppression of production and sales were deleted.4. The assessee at its annual general meeting of the shareholders of the company held on 10th March, 1960, declare...
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