Kolkata Court January 1984 Judgments
Smt. Durga Devi Poddar Vs. Wealth-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jan-30-1984
Reported in: (1984)8ITD718(Kol.)
1. These two appeals by the assessee are directed against the combined order of the AAC dated 10-1-1983 by which he held that one-third share in the estate left by the late Balkrishanlal Poddar was includible in the net wealth of the assessee.2. The father of the late Balkrisanlal Poddar died on 20-10-1949 leaving the assessee and his brother, Sriniwas Poddar. On his death the movable and immovable properties left by him devolved on the HUF consisting of his two sons named hereinbefore. A deed was executed by the widows of S.D. Poddar and Balkrishanlal Poddar ratifying the partition of the HUF consisting of S.D. Poddar and B.K. Poddar which was effected sometime back, as is evident from the order of the AAC dated 5-4-1982 in Appeal Nos. 471/475/XIII/VI/1979-80, etc. The present assessee received some movable and immovable properties on the death of her husband, late Balkrishanlal Poddar. She also adopted one Brijendra Kumar on 15-2-1965 in accordance with the wishes of her husband. Th...
Tag this Judgment!Kanu Sharma Vs. Shyamapada Sharma and ors.
Court: Kolkata
Decided on: Jan-30-1984
Reported in: AIR1984Cal149,88CWN415
G.N. Ray, J.1. This revisional application under ' Section 115 of the Code of Civil Procedure is directed against orders Nos. 24 and 26 dated May 7. 1983 and June 11. 1983 both passed by the learned Munsif. Second Court. Seram-pore in his capacity as District Delegate in Misc. Case No. 179 of 1980 and Review Case No. 139 of 1983 rejecting the petitioner's application for grant of probate. It appears that the petitioner made an application before the learned Munsif. Second Court, Serampore in his capacity as District Delegate under Section 276 of the Indian Succession Act for grant of probate in respect of a Will stated to have been executed by one Satish Chandra Sharma on May 4. 1979. On the basis of the said application, the Misc. Case No. 179 of 1980 was started before the said District Delegate. It appears that the opposite parties in the instant revisional application who are next of kin of the executor of the said will did not contest the petitioner's application for grant of prob...
Tag this Judgment!Commissioner of Income-tax Vs. Flender Macneill Gears Ltd.
Court: Kolkata
Decided on: Jan-30-1984
Reported in: (1984)41CTR(Cal)60,[1984]150ITR83(Cal)
Satish Chandra, C.J.1. This reference relates to the assessment year 1972-73. The assessee-company manufactures gears. It is not disputed that it is a priority industry and is entitled to relief under Section 80-I of the I.T. Act. Under this section it is entitled to deduction of an amount equal to eight per cent. of the profits and gains 'attributable to' a priority industy. The assessee-company granted sole distributorship of its product? to M/s. Macneill & Berry Ltd. One of the terms of the agreement was th; the distributor shall be allowed 121/2% discount on all net sales but bills should be settled within 60 days. In the event of delay, the assessee-company was entitled to charge interest from the distributor. During the assessment year 1972-73, an amount of Rs. 1,10,000 accrued as interest to the assessee-company from the distributor under the aforesaid clause. The ITO held that this amount of Rs. 1,10,000 was not the assessee's business income but was income from other sources. ...
Tag this Judgment!Commissioner of Income-tax Vs. Shyam Nagar TIn Factory (P.) Ltd.
Court: Kolkata
Decided on: Jan-30-1984
Reported in: (1984)41CTR(Cal)58,[1984]150ITR617(Cal)
Satish Chandra, C.J.1. This reference relates to the assessment year 1972-73, the accounting period ended on July 31, 1971. The West Bengal Employees Payment of Compulsory Gratuity Act, 1971, came into force on June 14, 1971, which created liability on the employer to pay gratuity to its employees. The assessee filed actuarial valuation by Mr. P.K. Ghose, Fellow of the Institute of Actuaries, showing that discounted value of gratuity as on July 31, 1971, was Rs. 77,246. The assessee claimed this amount as a deduction in the year in question. The ITO repelled the claim. The ITO held that the papers do not show the actual amount of liability for the period August 1, 1970, to July 31, 1971. According to him, except the liability for that period, the amount of Rs. 77,246 referred to earlier years. The assessee had neither made any actual payment nor had made any provision for it in its books of account.2. Being aggrieved, the assessee went up in appeal. The AAC held that the gratuity was a...
Tag this Judgment!Commissioner of Income-tax Vs. Darjeeling Club Ltd.
Court: Kolkata
Decided on: Jan-19-1984
Reported in: (1984)42CTR(Cal)338,[1985]153ITR676(Cal)
Suhas Chandra Sen, J. 1. The two following questions of law have been referred to this court by the Tribunal under Section 256(1) of the I.T. Act:'1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the receipts of the assessee from the temporary and the honorary members on account of messing charges, for subscriptions and games could not be assessed to tax in its hands as income derived from a business ?. 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the income derived from rooms occupied by the members, permanent, temporary and honorary could not be assessed as income from property in the hands of the assessee ?' 2. The assessment years are 1965-66 to 1970-71. The assessee is the Darjeeling Club Ltd. It was incorporated as a company limited by guarantee. It has three classes of members, viz., (1) permanent, (2) temporary, and (3) honorary. The latter two classes of members are ...
Tag this Judgment!SachIn Barick General Enterprises (P.) Ltd. Vs. Income-tax Officer and ...
Court: Kolkata
Decided on: Jan-17-1984
Reported in: [1984]147ITR778(Cal)
Samir Kumar Mookerjee, J.1. In this rule the petitioner challenges the order of the ITO, 'H'-Ward, Companies, District-V, dated March 29, 1976. The petitioner was assessed to tax with regard to the assessment year 1972-73 by an order dated July 8, 1974, but in making the assessment the vacancy allowance claimed by the petitioner was not allowed by the ITO though the income from house property constituted one of the heads of total income of the petitioner. The petitioner challenged the said order of assessment and the AAC, Range 'AF', by his order dated December 9, 1975, accepted the grounds raised on behalf of the petitioner and directed the ITO to recompute the income under the head 'Income from house property' after allowing deduction in respect of the portion of the property whichremained vacant for the part of the year during the relevant accounting period. On recomputation, the impugned order of the ITO was passed. 2. It has been contended before me by Mr. Roychowdhury in support ...
Tag this Judgment!Commissioner of Income-tax, West Bengal-vi Vs. Dina Nath èkatho ...
Court: Kolkata
Decided on: Jan-16-1984
Reported in: (1984)40CTR(Cal)378,[1984]149ITR60(Cal)
SUHAS CHANDRA SEN J. - The Tribunal has referred the following question of law under s. 256(1) of the I.T. Act, 1961, to this court :'Whether, on the facts and in the circumstances of the case, and on a correct interpretation of clause (iii) of the proviso to section 139(1) and section 1339(4)(a) of the Income-tax Act, 1961, the Tribunal was correct in holding that when the assessee had not applied for extension of the date for furnishing the return of income, no interest could be charged under clause (iii) of the proviso to section 139(1) of the said Act for the delayed submission of the return of income ?'The assessment year involved is 1970-71, for which the relevant accounting period is 1969 calendar year. Section 139(1) as it stood during the relevant period required every person whose total income during the previous year exceeded the maximum amount which was not chargeable to Income-tax to furnish a return of his income in the prescribed form and verified in the prescribed manne...
Tag this Judgment!income-tax Officer Vs. L. N. Goswami.
Court: Kolkata
Decided on: Jan-16-1984
Reported in: (1984)19TTJ(Cal)353
ORDERPer Shri A. K. Das, Judicial Member - In this appeal the department objects to the AACs deletion of the amount of Rs. 8,548 (sic) added by the ITO, to the total income of the assessee in the return for the assessment year 1978-79. The assessee filed a cross-objection supporting the order of the AAC.2. During the financial year 1977-78, the assessee was a salaried employees of the LIC, Asansol Branch, holding the office of the development officer. From the salary certificates for the said financial year granted to the assessee, it was seen that the total amount of salaried included fixed monthly conveyance allowance aggregating to Rs. 3,028 and additional conveyance allowance of Rs. 8546.35, the assessee claimed exemption in respect of both the fixed monthly conveyance allowance as well as the additional conveyance allowance. The employer treated the fixed monthly conveyance allowance of Rs. 3,028 as exempt from tax under section 10(14) of the Income-tax Act, 1961 (the Act). But th...
Tag this Judgment!B.S. Randhawa Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jan-15-1984
Reported in: (1985)13ITD89(Kol.)
1. The dispute in this appeal relates to the assessee's claim for deduction of municipal taxes in relation to some earlier years. The ITO noticed that during this year the assessee had claimed municipal taxes against his income from property to the tune of Rs. 15,756 as against Rs. 13,729, claimed in the earlier year. Moreover, he had claimed a deduction for Rs. 22,385 in respect of the arrears of municipal taxes in relation to the years 1971-72 to 1979-80. From the documents produced by the asssessee, it appeared that there was a dispute in respect of the enhanced municipal tax, which was ultimately finalised in this year and the assessee claimed deduction, accordingly. According to the ITO, the municipal tax had to be deducted from the bona fide annual value in each year under Section 23(1) of the Income-tax Act, 1961 ('the Act'). There was no scope for arriving at the annual value in respect of a particular year by allowing deduction in respect of arrears of municipal tax. He, ther...
Tag this Judgment!Controller of Estate Duty Vs. Hulaschand Baid
Court: Kolkata
Decided on: Jan-13-1984
Reported in: [1984]149ITR39(Cal)
Dipak Kumar Sen, J.1. This reference arises out of assessment to estate duty of the estate of late Punam Chand Baid, who died on September 26, 1960. The facts found or which are matters on record are, inter alia, as follows;During his lifetime the deceased made a gift of Rs. 1,50,000 on August 25, 1955, to one Hulaschand Baid, the accountable person, by entries in the books of account of his money-lending business transferring the amount in favour of the donee. The amount remained in the said business thereafter to the credit of the donee till the death of the deceased. On February 12, 1956, the deceased adopted the donee as his son, after which the business was carried on by a HUF consisting of the deceased and the donee.2. In assessing estate duty, the Assistant Controller of Estate Duty held that as the deceased was.a coparcener and the karta of the HUF, he was not entirely excluded from the possession and enjoyment of the amount of the gift. He also found that the loan was carrying...
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