Kolkata Court August 1984 Judgments
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Commissioner of Income-tax Vs. Placid Limited
Court: Kolkata
Decided on: Aug-07-1984
Reported in: (1984)44CTR(Cal)123,[1984]150ITR74(Cal)
Dipak Kumar Sen, J.1. M/s. Placid Limited was assessed to the Companies (Profits) Surtax Act, 1964 (hereafter referred to as 'the said Act') in the assessment year 1975-76. The assessee had included in its capital a sum of Rs. 4,41,900 shown in its balance-sheet as its capital redemption reserve. The ITO excluded this amount in the computation of capital on the ground that it was in the nature of a provision. This exclusion resulted in diminution of the standard deduction calculated on a fixed percentage of capital and a consequent increase in the chargeable profit.2. On an appeal from the said assessment, the AAC found that a capital redemption reserve was normally created to meet an existing liability, viz., redemption of debentures, and that it was not possible to ascertain whether the amount in dispute was maintained only as a reserve. He held that the said reserve was created obviously for the redemption of debentures and confirmed the assessment.3. On a further appeal before the ...
Commissioner of Income-tax Vs. Prabhat Krishna Rohatgi
Court: Kolkata
Decided on: Aug-06-1984
Reported in: [1985]154ITR824(Cal)
Suhas Chandra Sen, J. 1. In this case, the Tribunal has referred the following question of law under Section 256(1) of the I.T. Act, 1961, at the instance of the Revenue : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee has a right of appeal under Sub-section (f) of Section 246 of the Act from the Income-tax Officer's orders passed under Sections 155/154 of the Act levying interest under Sections 139/215/217/220 of the Income-tax Act, 1961 ?'2. The short point in this case is whether an appeal lies to the AAC from an order of rectification passed by the ITO. It has been pointed out by the Tribunal that an appeal lies under Section 246(f) of the I.T. Act. It has been contended on behalf of the Revenue that the ITO not having charged the interest in the original assessment under Section 220 of the Act in the assessment year 1961-62, and under Sections 139 and 215 in the assessment year 1962-63, could charge them in the ...
The Cotton Corporation of India Ltd. Vs. the Oriental Fire and General ...
Court: Kolkata
Decided on: Aug-03-1984
Reported in: AIR1984Cal355,[1986]60CompCas413(Cal)
ORDERPratibha Bonnerjea, J. 1. This is an application under Section 37(4) of the Arbitration Act for extension of time to make the reference.2. The admitted facts of this case are as follows : --The petitioner carried on business in purchase and sale of cotton bales in various parts of India. All these cotton bates are hypothecated with the respondent No. 2, Bank of Baroda and are stored in the godowns of the West Bengal State Warehousing Corporation, the respondent No. 3. The goods stored at the godowns situate at Nos. 27, 28 and 29 of the respondent No. 3 were insured with the respondent No. 1 under a policy of insurance No. 3120/0/0/F-9647/80 dated 3rd October, 1980 against any loss or damage by fire and the petitioner paid the premium of Rs. 48,628/- which was accepted by the respondent No. 1. By mutual agreement, on or about 30-6-81, the aforesaid fire policy was extended to cover the fire risk of the cotten bales stored at godown No. 6 of the respondent No. 3 situate at No. 4. Kh...
Smt. Umasashi Saha and ors. Vs. Paribala Saha and anr.
Court: Kolkata
Decided on: Aug-03-1984
Reported in: AIR1984Cal409
Dipak Kumar Sen, J.1. This appeal is against a judgment and decree dated the 5th July, 1974 granting probate of a Will dated the 2nd Feb. 1951 of Subodh Bala Sana, deceased.2. The material facts on record are, inter alia, that the testatrix, died on the 30th May, 1953 leaving her surviving her two sons, Umapada and Shyamapada, Reshnibala, widow of Renupada, a predeceased son, Sankar and Mrityanjay, her two grandsons and the sons the said Renupada and Debjani her daughter unmarried at the date of the death of the testatrix as her heirs in intestacy. In theWill, Gobardhan Mallick, the husband of Pramilabala, another married daughter of the testatrix, the said Paribala and the said Reshnibala were nominated as the executors and the executrices respectively.3. It is recorded in the Will that Umapada had his own house and landed properties at Khulna and lived separately. The temporary permission given to Umapada to reside in the house of the testatrix at Chinsura was directed to stand revok...
Registrar of Companies Vs. S. Proshad and anr.
Court: Kolkata
Decided on: Aug-03-1984
Reported in: [1986]59CompCas780(Cal),88CWN1077
Jitendra Nath Chaudhuri, J. 1. In all these matters, the two accused persons being the opposite parties herein, were discharged by the impugned orders dated March 28, 1979, passed by the learned Metropolitan Magistrate, 9th Court, Calcutta. The complaints in the respective cases filed by the petitioner were that as directors they had failed to take all reasonable steps to secure compliance by the company in respect of the accounts to be laid before the company in general meetings with the requirements of the Companies Act and, as such, had thereby become liable to be punished under the provision of Section 211(7) of the Companies Act.2. Since I find that the averments in the petitions of complaint in these cases are not in compliance with Section 209(6)(d) of the said Act, no case for any interference with the impugned order arises. Section 209(6)(d) read with Section 211(7) of the said Act imposes liability on every director of the company ' where the company has neither a managing ag...
State of West Bengal Vs. A. Mondal
Court: Kolkata
Decided on: Aug-01-1984
Reported in: AIR1985Cal12,89CWN82
M.M. Dutt, J. 1. This appeal has been preferred by the appellant, the State of West Bengal, against the judgment and order D/- March 1, 1984 of a learned single Judge of this Court dismissing the application of the appellant under Sections 10 and 33, Arbitration Act, 1940.2. The appellant invited tenders for the construction of a Primary Health Centre at Madhab Nagar, P. S. Pathar Pratima, District 24 Parganas. The appellant accepted the tender of the respondent and entered into a contract with it for the construction of the said Primary Health Centre at the rate mentioned in the contract. The contract also contained an arbitration clause.3. According to the appellant, the construction work was completed by the respondent on 8-11-1974, but according to the respondent the work was completed before June 15, 1976.4. The respondent by its letter D/-August 21, 1981 raised a dispute claiming, inter alia, the enhancement of the rate by 30% in respect of the work done by the respondent during ...
S.B. Foundry Limited Vs. Shree Gopi Kissen Steel Works Private Ltd. an ...
Court: Kolkata
Decided on: Aug-01-1984
Reported in: AIR1985Cal157
ORDERAsha Mukul Pal, J.1. This is an application made by S.R Foundry Ltd under Clause 13 of the Letters Patent as also under Section 24 of the Code of Civil Procedure in the Extraordinary Original Civil Jurisdiction of this Court for orders that the Title Suit No. 25 of 1980 (Shree Gopi Kissen Steel Works Pvt. Ltd. And Anr. v. S. B. Foundry Ltd. and Ors.) pending before the Learned 10th Subordinate Judge at Alipore and Miscellaneous Appeal No. 251 of 1981 (Shree Gopi Kissen Steel Works Pvt. Ltd and Anr. v. S. B. Foundry Ltd and Ors.) pending in the Learned 14th Additional District Judge at Alipore and all proceedings thereunder should be removed and/or transferred to this Hon'ble Court and be heard, tried and determined by this Hon'ble Court in its Extraordinary Original Civil Jurisdiction.2. Mr. Dipak Basu for the petitioner has argued that the petitioner is being harassed by inordinate delay in hearing of the said appeal and from 1983 till 1984 the petitioner could not get the appeal...
Kemco Chemicals and anr. Vs. the Commercial Tax Officer, Central Secti ...
Court: Kolkata
Decided on: Aug-01-1984
Reported in: [1984]57STC337(Cal)
Amitabha Dutta, J.1. In this writ petition the petitioners are Kemco Chemicals, a registered firm carrying on business of manufacturing cosmetic goods at 18, R.N. Mukherjee Road and other places in Calcutta and the petitioner No. 2 is one of its partners. The said firm is a registered dealer and has been assessed to sales tax up to the period from 16th November, 1982 to 8th November, 1983. They have challenged the purported notice dated 26th March, 1984, which is annexure A to the writ petition from Sri S. K. Roy, Commercial Tax Officer, Central Section. The said notice is reproduced below : Registered with A/D.Government of West Bengal, Office of the Assistant Commissioner, Commercial Taxes, Central Section, 14, Beliaghata Road, Calcutta-15. Memo No. 877. Dated : 26-3-84ToM/s. Kemco Chemicals, 18, R. N. Mukherjee Road, Calcutta-700001.Sub : Notice under Section 13(1) of the West Bengal Sales Tax Act, 1954. In terms of the provisions of Section 13(1) of the W.B.S.T. Act, 1954, you are ...
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