Kolkata Court December 1984 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.
The Court Liquidator Vs. Bimalendu Das and ors.
Court: Kolkata
Decided on: Dec-04-1984
Reported in: AIR1985Cal382
ORDERT.K. Basu, J.1. This is an application for setting aside a sale under the provisions of Order 21 Rule 89 of the Code of Civil Procedure, 1908. The facts leading to the making of the present application may be briefly noted.2. In or about 1950, the Pioneer Bank Limited (in liquidation) (hereinafter referred to as the Bank) instituted two suits being Suits Nos. 3782 of 1950 and 3553 of 1950 against one Baroda Kanta Das on or about the 9th April, 1951. The two suits were decreed in favour of the Bank against Baroda Kanta Das for a total sum of Rs. 1,23,525/1/-.3. Baroda Kanta Das, the judgment-debtor in the two decrees died intestate on the 14th Dec. 1970.4. Long after the death of Baroda Kanta Das, the Bank started execution proceeding against the heirs of the judgment-debtor for the recovery of Rs. 2,78,000/- inclusive of accrued interest and costs. Bimalendu Das, the applicant herein was described as one of the judgment-debtors in these execution proceedings. The Bank also levied ...
Emerald Paints and Colour Products (P.) Ltd. Vs. Commissioner of Incom ...
Court: Kolkata
Decided on: Dec-03-1984
Reported in: (1985)46CTR(Cal)149,[1986]159ITR105(Cal),[1986]62STC171(Cal)
Sattsh Chandra, C.J. 1. The assessee is a private limited company. It carries on business of manufacture and sale of paints. The assessment year in question is 1975-76, the accounting period ending on December 31, 1974.2. It appears that the assessee-company took over on lease the business of manufacture of paints from Messrs. Paints & Colour Products under a registered deed of lease dated April 5, 1972, on payment of Rs. 7,500 as lease rent.3. During the assessment proceedings, the assessee claimed deduction on account of sales tax payments which included an amount of Rs. 50,507. This amount was paid by the assessee on account of the liability of sales tax for business done earlier by the lessor (of the assessee). The Income-tax Officer disallowed this claim on the ground that it pertained to a period prior to the commencement of the lease. The assessee went up in appeal and succeeded. The Appellate Assistant Commissioner held that in view of Section 17 of the Bengal Finance (Sales Ta...
- ‹ Prev
- 1
- 2
- 3
- Next ›