Kolkata Court December 1983 Judgments
Molins of India Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Dec-30-1983
Reported in: (1984)8ITD30(Kol.)
1. The sole controversy raised in this appeal is with regard to the disallowance of Rs. 1,15,383 out of the assessee's claim for bonus. The assessee had claimed bonus in respect of the accounting period, being calendar year 1977, corresponding to the assessment year 1978-79, at Rs. 6,91,896. The allocable surplus of the assessee-company in respect of the aforesaid previous year as worked out by the assessee including the 'set on surplus' was Rs. 5,76,530. The ITO restricted the assessee's claim for bonus in respect of the above year to the amount of allocable surplus, as indicated above, and disallowed the remainder of the claim amounting to Rs. 1,15,383.2. The assessee challenged the above disallowance before the learned Commissioner (Appeals) and urged before him on the basis of the language of Sub-section (1) of Section 10 of the Payment of Bonus Act, 1965, that the claim of the assessee was in accordance with specific language of Sub-section (1) of Section 10, being 20 per cent of...
Tag this Judgment!Macneill and Barry Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Dec-23-1983
Reported in: 1984(2)ECC57,1986(6)LC526(Calcutta),1985(22)ELT391(Cal)
ORDERD.K. Sen, J.1. Macneill & Barry Ltd., the petitioner, manufactures inter alia, mechanically propelled works trucks of different types including forklift trucks and reach trucks.2. Under the Finance Act, 1971, an item was introduced in the First Schedule to the Central Excises and Salt Act, 1944 (hereinafter referred to as the said Act), as follows :'Item No. Description of goods Rate of duty 34B. Works trucks, mechanically propelled, used 10 per cent for short distance transport or handling of ad valorem goods, the following namely:- (1) Forklift trucks (2) Platform trucks3. By his order dated the 24th September, 1971, the Assistant Collector of Central Excise VII, respondent No. I herein, held that reach trucks, and other types of works trucks apart from forklift trucks, manufactured by the petitioner, should be considered to be forklift trucks and platform trucks within the meaning of the said item No. 34B and accordingly exigible to excise duty.4. Being aggrieved by the aforesa...
Tag this Judgment!Shankar Construction Co. Pvt. Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Dec-15-1983
Reported in: AIR1984Cal317
ORDERPratibha Bonnerjea, J. 1. This is an application under Section 20, Arbitration Act, for filing the arbitration agreement arising out of tender dated 13th June, 1977 and the letter of acceptance dated 10-1-1978. This contract contained an arbitration clause. 2. It is the petitioner's case that this contract was terminated by the respondent on 16/17th June, 1978 and the petitioner's claim consisting of Rs. 2,25,000/- was submitted to the respondent by letter dated 15th June, 1981 wherein the petitioner requested the respondent to pay the amount within 30 days from the date of receipt of the letter or to refer the disputes to arbitration in accordance with the arbitration agreement. In view of the inactivity of the respondent in the matter the petitioner gave another reminder by its letter dated 14th June, 1982 but no response came from the respondent. Under the circumstances, the petitioner took out this application on 11th May, 1983. 3. In the affidavit-in-opposition filed in this ...
Tag this Judgment!Biswanath Pasari Vs. Income-tax Officer, 'B' Ward and Ors.
Court: Kolkata
Decided on: Dec-14-1983
Reported in: 88CWN318,[1985]154ITR419(Cal)
Ray, J.1. This rule is directed against a notice dated February 16, 1978, issued by the ITO, Central Circle XV, Calcutta under Section 148 of the I.T. Act, 1961, for the assessment year 1969-70, and any other notice, order or proceeding relating thereto. The petitioner's case is that the petitioner was and is still an assessee under the I.T. Act and he regularly maintains his accounts in accordance with the mercantile system of accountancy. During the assessment year 1969-70 corresponding to the accounting year ending on March 31, 1969, the petitioner was a partner in Biswa Engineering Works and Sitaram Shankarlal Agency. Apart from the said partnership business, the petitioner also carried on the business of dealing in shares, paper, miscellaneous goods and as commission agent of M/s. Wood Craft Products Ltd. The petitioner received dividend on shares and also earned commission on general insurance. The petitioner filed his return for the said assessment year 1969-70 before the ITO, '...
Tag this Judgment!D.S. Commercial Pvt. Ltd. Vs. Shree Shewtambar Sthanakbasi JaIn Sabha
Court: Kolkata
Decided on: Dec-13-1983
Reported in: AIR1984Cal194
Mookerjee, J.1. The plaintiff-respondent by a registered deed dated 29th Dec., 1958 had granted in favour of the defendant-appellant a lease for a term of 20 years commencing from 1st Sept., 1958 in respect of two rooms in the ground floor of Premises No. 18D, Sukias Lane, Calcutta. The said lease deed, inter alia stipulated monthly rent of Rs. 196/- per month and did not provide for any increase of rent during the lease period which was to end on 31st Aug., 1978. Undisputedly, with effect from April, 1977 the defendant-lessee had been paying rent to the plaintiff at the rate of Rs. 245/- per month instead of Rs. 196/-per month.2. The plaintiff-respondent had instituted, in the City Civil Court at Calcutta, a suit against the defendant for recovery of possession in the aforesaid two ground floor rooms at Premises No. 18D, Sukias Lane, Calcutta, and for recovery of arrears of rents and mesne profits. In para (2) of its plaint, the plaintiff had pleaded that the defendant was a lessee in...
Tag this Judgment!Commissioner of Income-tax Vs. Jaskaran Sohanlal P. Ltd.
Court: Kolkata
Decided on: Dec-13-1983
Reported in: [1985]154ITR291(Cal)
Satish Chandra, C.J.1. The Tribunal has referred the following questions of law to this court for opinion :'1. Whether, on the facts and in the circumstances of the case, and in view of the fact that the return of income was filed on June 29, 1965, the Tribunal was light in holding that the Explanation added to Section 271(1)(c) of the Income-tax Act, 1961, by the Finance Act, 1964, with effect from April 1, 1964, could not be invoked in this case ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in cancelling the order of penalty made under Section 271(1)(c) of the Income-tax Act, 1961 ?' 2. The matter ultimately reached the Tribunal. The Tribunal held that it was a case of revised return having been filed voluntarily and in the totality of circumstances, it is clear that there was no possibility of inferring concealment in this case. The fact that the assessee did not indicate in the first return that it was based on estimate subject to audit...
Tag this Judgment!Bharat Sugar Mills Limited Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Dec-12-1983
Reported in: [1985]153ITR802(Cal)
Sen, J.1. This is a case under the Companies (Profits) Surtax Act, 1964. The question of law that has been referred is as follows:'Whether, on the facts and in law in the circumstances of the case, and on a proper interpretation of Explanation 1 of rule 2 of the Second Schedule to the Companies (Profits) Surtax Act, 1964, the Tribunal was right in holding that the said sum of Rs. 3,50,000 being the adjustment made in respect of the excess depreciation charged in the earlier years could not be treated as part of the capital for purposes of determining the statutory deduction under Section 2(8) of the said Act?'2. This very question came up for consideration before a Division Bench of this court in I. T. Reference No. 313 of 1977 in the assessee's own case for 'the assessment year 1973-74. By a judgment dated November 7, 1978, the question was answered in the affirmative and against the assessee.3. The relevant assessment year in the case before us is the assessment year 1975-76. The cor...
Tag this Judgment!Commissioner of Income Tax Vs. Swadeshi Sugar Suppliers Pvt. Ltd.
Court: Kolkata
Decided on: Dec-12-1983
Reported in: (1984)39CTR(Cal)240
Satish Chandra, C.J. - For the asst. 1964-65 (the accounting year ending on 31-2-1963) the assessee filed a return showing a total income of Rs. 68,550. On 10-6-1968 the assessee filed a revised return indicating a total income of Rs. 1,34,354. The assessment made on 30-12-1968 was on a total income of Rs. 1,68,944. Penal proceedings were drawn up. The assessee contested and submitted that it had filed the original return on an estimated basis because the books of accounts had not been closed or audit completed. The audit was completed on 16-3-1965 and thereafter the revised return was filed when the case was fixed for hearing u/s 143(2).2. The matter related to the asst. yr. 1963-64 in respect of which the assessee filed a return on 29-6-1965, this is to say, after the explanation added to s. 27(1)(c) of the IT Act, 1961 which came into force on 1-4-1964. The Tribunal cancelled the levy of penalty primarily on the ground that the authorities below had erred in applying the aforesaid E...
Tag this Judgment!Satyabrata Bose Vs. Sm. Amiya Bala Bose (Dead) and in Her Place Anil K ...
Court: Kolkata
Decided on: Dec-08-1983
Reported in: AIR1984Cal392,88CWN367
Amitabha Dutta, J. 1. The defendant is the appellant in this appeal which arises out of a suit of 1968 for eviction of the defendant from the suit premises comprising the entire 1st floor and a portion of the ground floor of the house at 52, Mahanirvan Road, P. S. Tollygunge, within the Calcutta Corporation as described in the Schedule to the plaint.2. Admittedly the defendant was a monthly tenant in the suit premises under the plaintiff at a rent of Rs. 150/- per month payable according to English Calendar. The plaintiff who died during the pendency of the second appeal, instituted the suit on 21-11-1968 after service of a notice under Section 13(6) of the West Bengal Premises Tenancy Act 1956 (hereinafter called the P. Act) alleging that she was the owner of the suit house, that she had no other house property in Calcutta and that she required the suit premises for her own occupation and the occupation of her youngest son Dr. P. C. Bose, Technical Officer, Central Drugs Laboratory, h...
Tag this Judgment!Ghose Estates Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Dec-08-1983
Reported in: [1985]153ITR673(Cal)
Suhas Chandra Sen, J.1. The Tribunal has referred the following question of law under Section 256(1) of the I.T. Act :'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in its decision that the profit on transfer of agricultural land was assessable as business income of the assessee on the mere fact that the land in question appeared in the balance-sheet of the assessee having business in dealing of land and building ?'2. The assessee is a partnership firm. This reference relates to the assessment year 1969-70 for which the previous year of the firm ended on March 31, 1969. The assessee had purchased a plot of land measuring about 10 acres at Chowhatti within the municipal area of Sonarpur, in the District of 24-Parganas. During the year under consideration, the assessee sold 2/3rds of the said plot of land in two lots to a Co-op. Housing Society and made a profit of Rs. 60,582. The ITO held that the amount in question was business income of the asses...
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