Kolkata Court March 1984 Judgments
income-tax Officer Vs. Benarsilal GoenkA.
Court: Kolkata
Decided on: Mar-31-1984
Reported in: [1986]17ITD938(Cal)
ORDERPer Shri H. S. Ahluwalia, Judicial Member - The dispute in this appeal relates to the assessees liability for payment of interest under section 217(1A) of the Income-tax Act, 1961 (the Act).2. Initially the ITO did not charge any interest under this provision of law though he mentioned in the assessment order that interest may be charged according to law. In relation to that assessment the assessee filed rectification application under section 154 of the Act on 7-7-1977. By his order dated 27-4-1981 the ITO rectified the assessment and simultaneously directed the levy of interest under section 217(1A). The said direction has been quashed on appeal by the AAC relying upon a decision of the Kerala High Court in Mohammed Kunhi v. Addl. ITO : [1967]66ITR250(Ker) .The revenue has come up in second appeal before us.3. We have heard the representatives of the parties at length in this appeal. So far as the reliance upon the decision of the Kerala High Court in Mohammed Kunhis case (supra...
Tag this Judgment!United Commercial Bank Vs. Hanuman Synthetics Ltd. and ors.
Court: Kolkata
Decided on: Mar-30-1984
Reported in: AIR1985Cal96,[1987]61CompCas245(Cal)
Suhas Chandra Sen, J.1. Hanuman Synthetics Ltd., the Respondent No. 1, entered into an agreement to purchase from the Respondent No. 3, J. B. International, Singapore, 75 Metric Tonnes of Viscose Staple Fibre having semi dull normal tenacity, of Japanese or South Korean origin of the specification 1.5 Deniar x 51 MM. The Central Bank of India opened a Letter of Credit dated February 21, 1983 at the request of Hanuman Synthetics Ltd. The Letter of Credit was opened in favour of J. B. International, the Respondent No. 3, herein. The Letter of Credit was an irrevocable and transferable Letter of Credit. Under the Letter of Credit, it was stipulated that J. B. International would be entitled to avail and/or operate the same by drafts drawn at 120 days from the date of the Bill of Lading which was 17th March, 1983 and by presentation of the following documents : --(a) signed commercial invoice in quadruplicate covering shipments of VISCOS Staple Fibre;(b) certificate of origin in duplicate ...
Tag this Judgment!Ashutosh Seal Vs. Smt. Umashasi Santra
Court: Kolkata
Decided on: Mar-30-1984
Reported in: AIR1984Cal223
Bankim Chandra Ray, J.1. This appeal is against the judgment and decree passed in Probate Suit No. 3 of 1971 by the 1st Court of Additional District Judge at Howrah dismissing the said suit with costs.2. The application for probate of the will alleged to have been executed by Radhika Prosad Seal alias Shee was filed by the appellant Ashutosh Seal. One of the executors named in the said Will which is alleged to be the last Will of the testator. The Will being contentious the application was returned by the District delegate and it was refiled before the District Judge. Howrah. The caveator respondent Umashasi Santra; daughter of the testator, filed a written objection contending inter alia that the Will in question was not executed by her father, the testator, that the Will was a forced one and it had been created by the propounder in collusion with his henchmen in order to deprive her of her legitimate share in the properties left by her father Radhika Prosad Seal and as such the said ...
Tag this Judgment!Commissioner of Income-tax Vs. Birla Education Trust
Court: Kolkata
Decided on: Mar-30-1984
Reported in: (1985)44CTR(Cal)263,[1985]153ITR579(Cal)
Satish Chandra, C.J.1. The interesting question of law that requires our consideration in this reference is whether Section 11(4) of the I.T. Act, 1961, is applicable to an expenditure which is not allowable as a deduction from the income of the business undertaking owned by a charitable or religious trust. The question relates to the assessment year 1965-66 in respect of an assessee which is a public charitable trust. The assessee carries on business of running a textile mill and a technological institute of textiles. The trust filed a return showing a total income of Rs. 14,24,379 under the head 'Other sources'. It claimed a refund of Rs. 3,75,755 under Section 237 of the I.T. Act.2. The ITO held that the trust is a public charitable trust which has been granted exemption under Section 11 of the I.T. Act. He observed that the trust has certified that the entire expenditure incurred by it was for charitable purposes in relation to the objects of the trust and no expenditure was incurr...
Tag this Judgment!Central Warehousing Corporation Vs. B.M. Pal Chowdhury
Court: Kolkata
Decided on: Mar-29-1984
Reported in: AIR1985Cal138
ORDERPratibha Bonnerjea, J. 1. This application is for setting aside the award dated 28-8-82. By a contract in writing dt. 6-12-78, the respondent agreed to construct a 25000 M.T. capacity godown for the petitioner. This contract contained an arbitration clause. During the execution of the work the government, by notification dt. 28-12-79 increased the rates of building materials. Thereafter disputes and differences arose between the parties concerning the rates and other matters as well. The disputes between the parties were referred to arbitration and the arbitrator made his award dt. 28-8-82 in favour of the respondent. The arbitrator duly intimated the parties about the making and signing the award Thereafter by a letter dt. 21-5-83, addressed to the Registrar, Original Side of this High Court, the arbitrator wrote as follows : --'In pursuance of the request of the Central Warehousing Corporation, New Delhi vide letter No.CWC/11-432/Const. dt. 16-11-82 I file the award published by...
Tag this Judgment!West Bengal Essential Commodities Supply Corporation Ltd. Vs. Internat ...
Court: Kolkata
Decided on: Mar-29-1984
Reported in: AIR1984Cal313,88CWN793
M.M. Dutt, J.1. This is application for interim stay of the operation of the judgment and order dated September 29, 1983 passed by a learned single Judge of this Court appointing a member of the Bar an arbitrator for the adjudication of all disputes as raised by the respondent in the application under Section 20 of the Arbitration Act as well as the counter claims as made by the appellant in the affidavit-in-opposition. The application has been filed by the appellant, the West Bengal Essential Commodities Supply Corporation Ltd., a government undertaking in the connected appeal preferred against the above judgment and order of the learned Judge passed under Section 20 of the Arbitration Act.2. On April 7, 1981 the respondent, M/s. International Trading Corporation of India, a proprietorship firm entered into agreement with the appellant for the supply of crushed common salt and superfine salt for the year 1981-82. The appellant was described in the said agreement as 'purchaser' and the...
Tag this Judgment!Central Manbhum Coal Co. P. Ltd. and ors. Vs. Assistant Registrar of C ...
Court: Kolkata
Decided on: Mar-29-1984
Reported in: [1986]59CompCas176(Cal)
Umesh Chandra Banerjee, J. 1. This writ petition arises out of a complaint lodged by the Assistant Registrar of Companies, West Bengal,under Section 220(3) read with Section 162(1) of the Companies Act, 1956. The complaint itself records that the annual general meeting of the company should have been held in accordance with the provisions of the Companies Act on or before June 30, 1980, and the balance-sheet and the profit and loss account of the company for the year ending December 31, 1979, was required to be filed under Section 220(1) of the Companies Act, 1956, in the office of the Registrar of Companies on or before July 30, 1980. Penalty for the offence charged under Section 220(3) read with Section 162(1) of the Companies Act is only a fine.2. In that view of the statement, the right to prosecute accrued on July 30, 1980. Admittedly, this complaint was filed before the Chief Metropolitan Magistrate on September 16, 1982.3. Section 468 of the Criminal Procedure Code provides that...
Tag this Judgment!Moktar Sahani Vs. the State
Court: Kolkata
Decided on: Mar-29-1984
Reported in: 1985CriLJ90
Jitendra Nath Chaudhuri, J.1. This appeal arises out of a joint trial of four accused persons, including the present appellant, in Sessions Trial No. 1 of September 1980 held by the Second Bench, City Sessions Court, Calcutta. All the accused persons were charged under Section 394 I.P.C while one of the accused persons Ramasis Sahani was further charged under Section 397 I.P.C. The present appellant along with another accused Dilip Sarkar was convicted each under Section 392 I.P.C and sentenced to five years R. I. The other accused were acquitted of all charges.2. The prosecution case in brief was that on the 6th Aprl 1976 at about 8 p.m. there was a robbery in the shop of M/s. Mahadeo Prosad Munnalal at 54-B, strand Road, Calcutta and a sum of Rs. 15,820/-was taken away by the accused. The appellant Moktar Sahani along with others was arrested on the road shortly after the occurrence after a chase by the police shouting 'Dacoits, dacoits'. The prosecution examined 21 witnesses. The de...
Tag this Judgment!Anil Kumar Raha Vs. Wealth-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-28-1984
Reported in: (1984)9ITD539(Kol.)
1. These two appeals have been filed against the common order dated 23-2-1982 of the AAC and are, therefore, disposed of by this single order.2. The main dispute in these appeals relates to the value of the assessee's interest in partnership firm Godhur Colliery Co. on the respective valuation dates. The assessee was a partner in that firm whose management was taken over by the Government on 17-10-1971 and the business itself was nationalised with effect from 1-5-1972.3. The WTO noticed that the assessee had received a sum of Rs. 14,59,876.79 from the Commissioner of Payments, Dhanbad, being his share of compensation money, interest and other payments receivable by him as partner of the said firm. However, the assessee had shown the value of his interest in the said firm at Rs. 4,14,691 only. The assessee's contention in this behalf was that it was only this amount which represented the aggregate value of the share of income of the assessee from the said firm for the assessment years ...
Tag this Judgment!Kishorilal Krishnalal Shah Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-27-1984
Reported in: (1984)9ITD523(Kol.)
1. The first appeal is by the assessee which is directed against the order of the Commissioner (Appeals), by which he has upheld the order of the ITO in rejecting registration to the firm for the assessment year 1976-77. The second appeal, however, is by the revenue, which is directed against the order of the AAC in directing the ITO to allow registration to the firm for the assessment year 1974-75. The points involved are identical and the facts are common. Accordingly, the counsels of both the sides have addressed us in one set. For the sake of convenience, we consolidate the appeals for disposal by this common order.2. From the brief narration made in the preceding paragraph, we consider that it would be convenient that we should first deal with the appeal relating to the assessment year 1974-75, as preferred by the revenue.3. The ITO rejected the claim of the assessee for registration, as per his order under Section 185 of the Income-tax Act, 1961 ('the Act').The main and effectiv...
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