Kolkata Court March 1983 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Peston Padamji Ginwalla Vs. Commissioner of Income-tax and ors.
Court: Kolkata
Decided on: Mar-09-1983
Reported in: (1984)38CTR(Cal)174,[1984]146ITR331(Cal)
P.C. Borooah, J. 1. The petitioner, PESton Padamji Ginwalla, is a practising advocate of this court. Having professional income the petitioner has to file his return by the 31st July of every year under the provisions of the I.T. Act, 1961 (hereinafter referred to as the 'Act'). For the assessment years 1976-77, 1977-78 and 1978-79, the petitioner made some delay in filing the returns, the said returns having been filed in the month of January of the years 1977, 1978 and 1979. The Revenue, accordingly, charged interest for the said years under the provisions of Section 139(8) of the Act. The petitioner filed an application for waiver of the interest and Sri S. S. Singh, the AAC, Range III, Calcutta, by an order dated December 29, 1980, rejected the petitioner's application holding, inter alia, that the petitioner was a habitual defaulter in filing the returns. Against this order the petitioner preferred another application under Section 264 of the Act before the Commissioner of the sam...
Commissioner of Income-tax Vs. New Swadeshi Mills of Ahmedabad Ltd.
Court: Kolkata
Decided on: Mar-09-1983
Reported in: (1984)39CTR(Cal)220,[1984]147ITR163(Cal)
Suhas Chandra Sen, J. 1. At the instance of the Commissioner of Income-tax, Central-V, Calcutta, the following two questions of law have been referred by the Tribunal under Section 256(1) of the I.T. Act, to this court.'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in directing the Income-tax Officer to allow the claim of Rs. 19,71,126 for deduction on account of liability for payment of gratuity based on actuarial valuation ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee is entitled to agitate in the quantum appeal the ground in respect of the order passed by the Income-tax Officer levying interest under Section 215 of the Income-tax Act, 1961?' 2. This case relates to the assessment year 1974-75 for which the accounting period is the year ended 31st March, 1974.3. The first question relates to the deduction of gratuity liability made on actuarial basis. The ITO did not all...
Sadhu Saran Prasad and anr. Vs. Rabindra Nath Saha and ors.
Court: Kolkata
Decided on: Mar-03-1983
Reported in: AIR1985Cal1
Banerjee, J. 1. This appeal at the instance of the defendant arises out of a suit for eviction on the ground of default and sub-tenancy. The suit was filed on 11-9-71, alleging inter alia that the defendant was in default in payment of rent from March 1971. The defendant appeared on 11-11-71. On 2-12-71, the defendant filed written statement. On 9-3-72, the defendant filed fresh power. On 3-7-72, the plaintiff filed a verified application under Section 17(3) of the West Bengal Premises Tenancy Act and the defendant applied for time. On 26-9-72. the defendant filed a petition under Section 17(2) of the Act with a fresh power. He also filed an application under Section 17(2A)(b) on the same date as also an application under Section 5 of the Limitation Act for condoning the delay in filing the application Under Section 17(2) and 17(2A)(b) on 28-9-72. The said applications were heard on 3-4-73. The application for condonation of the delay in filing the application under Section 17(2) and 1...
Ashoka Marketing Ltd. Vs. Addl. Registrar of Companies
Court: Kolkata
Decided on: Mar-02-1983
Reported in: [1985]57CompCas187(Cal),87CWN499
Amitabha Dutta, J.1. This revisional application is for quashing the proceeding in Case No. C-3411 of 1967 pending in the court of the learned Chief Metropolitan Magistrate, Calcutta.2. The impugned proceeding has arisen out of a complaint filed on November 14, 1967, by the Additional Registrar of Companies, West Bengal, against Ashoka Marketing Ltd., and its four directors and secretary alleging commission of an, offence under Section 629A read with Section 635B of the Companies Act, 1956. The substance of the complaint is that the accused company and four other companies, viz., Ashoka Cement Ltd., Jaipur Udyog Ltd., Rohtas Industries Ltd. and Sone Valley Portland Cement Co. Ltd., brought into existence a common concern named Sahu Cement Service with a view to getting various services including appointment of personnel for all the participating companies, that Sahu Cement Service on behalf of its constituents appointed Sri. D.N. Gupta as their registered engineer by a letter dated Apr...
Indian Aluminium Company Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-01-1983
Reported in: (1983)5ITD338(Kol.)
1. This appeal has been filed by the assessee against the order of the Commissioner (Appeals) dated 10-8-1981 by which he rectified the order passed by the AAC.2. The STO while making the assessment under Section 6(2) of the Companies (Profits) Surtax Act, 1964 ('the Act'), rejected the assessee's claim for inclusion of bank loans amounting to Rs. 72,57,782, while determining the capital base under the Act.3. When the matter went up to the AAC, it was contended on behalf of the assessee that the loan in question was obtained by the assessee for integrated expansion project under which expanded production facilities in factories at Belur, Hirakud, Muri and Alupuram were set up. It was submitted that capital cost of this project was met out of debenture loan, Aluminium Ltd. loan, bank loan and the shortfall from retained profit. The AAC after considering the submissions made before him held that the bank loans satisfied the conditions prescribed under Rule 1(v) of the Second Schedule of...
Wealth-tax Officer Vs. S.K. Bose
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-01-1983
Reported in: (1983)5ITD69(Kol.)
1. These appeals by the revenue are directed on the common ground that the AAC was wrong in directing the WTO to grant relief under Section 5(1)(7) of the Wealth-tax Act, 1957 ('the Act'), in respect of his share in the property which he succeeded on the death of his father and held jointly by the alleged HUF, ignoring the decision of the Supreme Court in the case of CWT v. Bishwanath Chatterjee [1976] 103 ITR 536.2. The assessee, an individual, claimed deduction under Section 5(1)(ii) in respect of a sum of Rs. 1 lakh, representing the value of his share in non-agricultural and agricultural ancestral property which was inherited by the assessee from his father and owned jointly with other co-sharers. The WTO negatived this claim of the assessee on the ground that there was no nucleus of the HUF and the assessee's share in the ancestral property was clearly ascertainable.3. When the matter went up to the AAC, it was contended on behalf of the assessee that on the death of the assessee...
- ‹ Prev
- 1
- 2
- Next ›