Kolkata Court November 1984 Judgments
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National Insulated Cable Co. Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Nov-22-1984
Reported in: 1985(6)ECC40,1985(5)LC2436(Calcutta),1994(69)ELT465(Cal)
Ajit Kumar Sengupta, J.1. I have heard the learned counsel appearing for the parties and have also considered the written notes of submissions handed over by them.2. The main controversy in the writ application is whether Hypalon-40 is to be classified under Heading No. 39.01/06 or Heading No. 40.01/04 of the First Schedule to the Customs Tariff Act, 1975. The contention of the writ petitioners is that Hypalon-40 is classifiable as a kind of synthetic rubber under Heading No. 40.01/04 whereas the customs authorities have submitted that Hypalon-40 is classifiable under Heading No. 39.01 /06 as synthetic resin. The reasons given by Mr. Ghose, learned Advocate for the customs authorities for such classification are stated hereinafter.3. The customs duties are levied under Section 12 of the Customs Act, 1962. Prior to 2nd August, 1976 the customs duty was levied by classifying the imported goods under the item specified in the First Schedule to the Indian Tariff Act, 1934 at the rates ment...
Dhirendra Nath Mukherjee Vs. State of West Bengal
Court: Kolkata
Decided on: Nov-21-1984
Reported in: AIR1985Cal148,1984(2)CHN401,89CWN247
S.R. Roy, J. 1. Whether any Court-fee should be paid in a suit for damages for malicious prosecution is the only point which arises for consideration in the present revisional application, which was taken up for hearing after condonation of the delay of nine days in filing the application in view of the grounds taken in the petition under Section 5 of the Limitation Act.2. The petitioner Dhirendra Nath Mukhcrjee, a M. R. Dealer at Ukhra, P. S. Andal in the district of Burdwan, was criminally prosecuted on the complaint of the Sub-Divisional Controller of Food and Supplies, Durgapur under Section 406/423 of the Indian Penal Code in G. R. Case No. 1349 of 1973 of the Court of the Sub-Divisional Judicial Magistrate, Durgapur. The petitioner was acquitted by the learned Magistral by his order dt. 24-6-83. Following that the petitioner instituted a suit for damages for malicious prosecution against the opposite party, the State of West Bengal, claiming Rs. 55,001/- as damages, being Money S...
Commissioner of Income-tax Vs. Supreme Credit Corporation (P.) Ltd.
Court: Kolkata
Decided on: Nov-21-1984
Reported in: [1986]162ITR880(Cal)
R.N. Pyne, J. 1. In this reference under Section 256(1) of the Income-tax Act, 1961, which relates to the assessment year 1973-74, the following question of law has been referred to this court for its opinion: 'Whether, on the facts and in the circumstances of the case, and ona correct interpretation of Section 80B(5) of the Income-tax Act, 1961,defining the term 'gross total income', the assessee is entitled to reliefunder Section 80M of the Income-tax Act, 1961, in respect of the gross amount of dividends from domestic companies and not in respect of the net amount of such dividends computed in accordance with the provisions of Section 57 of the said Act ?'2. In view of the provisions of Section 80AA of the Income-tax Act, 1961, inserted by the Finance (No. 2) Act, 1980, with restrospective effect from April 1, 1968, we answer the question by saying that the assesste will not be entitled to relief under Section 80M in respect of the gross amount of dividends but it will be entitled t...
Commissioner of Income-tax Vs. Calcutta Credit Corporation Ltd.
Court: Kolkata
Decided on: Nov-21-1984
Reported in: [1986]158ITR536(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(1) of the Income-tax Act, 1961, the Tribunal has referred the following question of law for the opinion of this court :' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the interest income of Rs. 21,912 in respect of money lying with the receiver appointed by the Hon'ble High Court and invested by him could not be included in the assessee's total income liable for assessment in the assessment year 1971-72 '2. The facts leading to this reference are stated hereinafter as follows :3. The assessee is a limited company. For the assessment year 1971-72, the assessee claimed before the Income-tax Officer that accrued interest of Rs. 21,912 on the amount lying with the receiver and invested by him was not liable to assessment. The Income-tax Officer following his earlier orders did not accept the claim of the assessee and included the accrued interest of Rs. 21,912 in the total in...
Commissioner of Income-tax Vs. M.B. Engineering Works (P.) Ltd.
Court: Kolkata
Decided on: Nov-21-1984
Reported in: [1986]158ITR509(Cal)
Ajit Kumar Sengupta, J.1. In this reference under Section 256(2) of the Income-tax Act, 1961, the following two questions of law have been referred by the Tribunal to this court :'(1) Whether the entirety of the facts and circumstances of the case reasonably led to the conclusion that the assessee had concealed particulars of its income or furnished inaccurate particulars thereof so as to justify imposition of penalty under Section 271(1)(c) of the Income-tax Act, 1961 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that on the evidence on record, no penalty provisions are attracted and, in that view, vacating the order of penalty imposed under Section 271(1)(c) of the Income-tax Act, 1961 ?' The facts leading to the present reference are briefly stated hereinafter.2. The assessee, M.B. Engineering Works (P.) Ltd., Howrah, is a private company and the assessment year involved is 1964-65. During the course of the assessment proceedi...
Punjab Produce and Trading Co. Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Nov-21-1984
Reported in: [1986]158ITR524(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(1) of the Income-tax Act, 1961, the Tribunal has referred the following two questions of law for opinion of this court :'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the Income-tax Officer validly initiated proceedings under Section 147(b) of the Income-tax Act, 1961, for reassessment for the assessment year 1969-70 ? 2. If the answer to question No. 1 is in the affirmative, then whether, on the facts and in the circumstances of the case and on a proper interpretation of Section 70(2)(i), Section 71(3) and Section 74(1)(a)(ii) of the Income-tax Act, 1961, the Tribunal was right in giving precedence to Section 72(1) over Section 74(1)(a)(ii) of the Act and holding that the capital loss of Rs. 2,14,181 arising from the sale of short-term capital assets should be first set off against capital gains of Rs. 1,34,840 arising from the sale of long-term capital assets a...
Commissioner of Income Tax Vs. Calcutta Credit Corpn. Ltd.
Court: Kolkata
Decided on: Nov-21-1984
Reported in: (1986)58CTR(Cal)230
Ajit K. Sengupta, J. - In this reference under s. 256(1) of the IT Act, 1961 the Tribunal has referred the following question of law for the opinion of this Court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the interest income of Rs. 21,912 in respect of money lying with the Receiver appointed by the Honble High Court and invested by him could not be included in the assessees total in come liable for assessment in the asst. yr. 1971-72 ?'2. The facts leading to this reference are stated hereinafter as follows : The assessee is a limited company. For the asst. yr. 1971-72 the assessee claimed before the ITO that accrued interest of Rs. 21,912 on the amount lying with the Receiver and invested by him was not liable to assessment. The ITO following his earlier order did not accept the claim of the assessee and included the accrued interest of Rs. 21,912 in the total income of the assessee company. The assessee preferred an appea...
Kajaria Exports Ltd. and anr. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Nov-20-1984
Reported in: AIR1985Cal70,88CWN1087
ORDERBhagabati Prosad Banerjee, J.1. This Writ application was moved by the petitioners before this Hon'ble Court during vacation and it appears that Shri S. Kundu, learned Advocate appeared for the respondents before the learned vacation Judge on Oct, 18, 1984. The Writ petition was moved and an interim order was passed for release of a large consignment of portable electric generators which were lying in Bombay Port The learned vacation Judge while issuing the interim order directed the petitioner to pay the entire amount of duties in respect of the goods in question covered by the licence mentioned in Annex. 'A' to the Petition to the Customs Authorities. It also appears that Shri S. Kundu. the learned Advocate appearing for the respondents, also gave an undertaking before the learned vacation Judge that if the Writ petitioners succeed then the respondent authorities would make an order for refund of the disputed amount paid by the petitioners in the proceeding together with interes...
Shankarlal Agarwalla Vs. State Bank of India and anr.
Court: Kolkata
Decided on: Nov-19-1984
Reported in: AIR1987Cal29
Padma Khastgir, J.1. The petitioner owned and possessed 261 bank currency notes of Rs. 1000/- each. On Jan. 16, 1978, an ordinance was promulgated at the High Denomination Bank Notes (Demonetisation) Ordinance, 1978 which was published in the Gazette on Jan. 16, 1978 and became an Act in 1978. The said Act came into force on 16th Jan. 1978. On the expiry of 16th Jan. 1978 all high denomination bank noted ceased to be legal tenders. High denomination bank notes meant bank notes of the denominational value of thousand rupees, five thousand rupees or ten thousand rupees issued by the Reserve Bank of India. Under the said Ordinance no person was allowed after 16th Jan. 1978 to transfer to the possession of another person or receive into his possession from another person any high denomination bank note. It was further provided that such notes could be exchanged after 16th Jan., 1978 only by way of tender of the said notes. Every person desiring to tender for exchange a high denomination ba...
Subir Roy and anr. Vs. S.K. Chattopadhyay and ors.
Court: Kolkata
Decided on: Nov-19-1984
Reported in: [1986]158ITR472(Cal)
Mrs. Padma Khastgir, J.1. The petitioners, Subir Roy and Goutam Roy, had moved the writ jurisdiction of this court being aggrieved by the search and seizure stated to have been made illegally and arbitrarily by the Income-tax Department on June 29, 1983, at premises No. 4/1, Roy Bahadur A. C. Roy Road, on the basis of an authorisation issued in favour of the respondents under Section 132 of the Income-tax Act. The petitioners contended that they had been duly assessed to income-tax and have permanent account numbers. The sources of income of the petitioners are, inter alia, from rental income and also by way of interest from fixed deposits. Sailendra Nath Roy and his wife, Protima Roy, were out of India since June 29, 1983. The petitioners contended that there was no authorisation for search of the properties of Smt. Nilanjana Roy, the wife of the petitioner No. 1, and also of Smt. Sudharani Banerjee, a widowed aunt, residing in a portion of the premises No. 4/1, Roy Bahadur A. C. Roy ...
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