Court : Kolkata
Reported in : 1988CriLJ747
Sudhansu Sekhar Ganguly, J.1. This revisional application is directed against the order dated 22-9-1984 passed by Shri D. Dutta Gupta, the learned Judge, Special Court at Asansol in T. R.. No. 24 of 1984 convicting the petitioners under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 and sentencing them to 3 months' R.I. and also to a fine of Rs. 200/- each, in default to R.I. for 15 days more.2. The prosecution case seems to be that S.I. S.K. Ganguly of Sripur I/C attached to Jamuria Police Station (P.W. 3) and others including one Constable (P.W. 1) held a raid at Satgram village when they found 30/35 persons under the leadership and guidance of the accused Monoranjan Banerjee, since acquitted, engaged in cutting coal by extraction of earth from Satgram open quarry with pick axe, baskets etc. On seeing them the said persons started running away when the police party managed to arrest the present two petitioners. Some amount of coal and some implements were seized by the Po...
Tag this Judgment!Court : Kolkata
Reported in : [1987]168ITR311(Cal)
Dipak Kumar Sen, J.1. The material facts found or admitted or as are matters of record in this reference are, inter alia, that Duncan Brothers & Co. Ltd., the assessee, entered into a contract in writing dated August 14, 1969, with one Economic Trading of Cairo for shipment of 3,719 bales of hessian cloth of a specified size. It was a term of the said contract that shipment would be made by a vessel nominated by the foreign purchaser to be ready in the second half of September, 1969. It was further provided that in case of failure of the assessee to ship the goods within the stipulated time, the foreign purchasers would be entitled to cancel the contract or demand appropriate late shipment penalty from the assessee. It was further provided that in case the shipment was delayed for reasons beyond the control of the assessee, the aforesaid provisions will not apply.2. The assessee failed to ship the goods in September, 1969. The shipments were actually made during January, February, Marc...
Tag this Judgment!Court : Kolkata
Reported in : (1987)60CTR(Cal)181,[1987]168ITR286(Cal)
Dipak Kumar Sen, J.1. The material facts in and the proceedings leading up to this reference are, inter alia, that M/s. Atul Kumar Deovrat & Co., the assessee, is a firm constituted under a deed of partnership dated October 29, 1964. The two main partners of the assessee are Ram Saran Kejriwal and Shyam Saran Gupta, who represent their respective Hindu undivided families in the said firm. Several minor children of the said two partners have been admitted to the benefits of the partnership in the assessee-firm.2. The assessee carries on business, inter alia, as a dealer in shares. On 15th, 20th and 26th April, 1965, the assessee purchased 4,129 shares of Chamurchi Tea Co. Ltd. not quoted in the stock market at the rate of Rs. 121.20 per share at a cost of Rs. 3,00,435. It also incurred, on account of stamps for the purchases, expenses aggregating to Rs. 3,824 on April 27, 1965. The total investment in the purchase of the said shares came to Rs. 3,04,259.3. Besides the above, Sushila Dev...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1987)20ITD351(Kol.)
1. These two appeals filed by the assessee are heard together and disposed of by this common order for the sake of convenience.2. The assessee is a limited company. It follows the calendar year as its previous year. For the assessment year 1978-79 assessment was made under Section 144 of the Income-tax Act, 1961 ('the Act') on 12-1-1981 for non-filing of the return. This assessment was cancelled under Section 146 of the Act on 18-3-1981. Thereafter, the return was filed on 20-4-1982 disclosing a loss of Rs. 1,25,760. The ITO made the assessment determining the business loss at Rs. 71,244 and depreciation at Rs. 21,518. The ITO, thus, determined the total loss for the year at Rs. 92,762 which was the sum of the aforesaid two figures. The ITO states that the return filed on 20-4-1982 was beyond the period of two years prescribed under Section 139(4)(b)(iii) and so it was not a valid return under Section 139 of the Act. Consequently, the ITO recorded in the assessment order that the asse...
Tag this Judgment!Court : Kolkata
Reported in : AIR1988Cal104
D.K. Sen, J.1. The East India Hotels Limited, the appellant No. 1, an existing company within meaning of the Companies Act, 1956, carries on business, inter alia, of running hotels and restaurants in India. In its said business, the appellant 1 owns and runs a hotel known as 'Oberoi Grand' situated at No. 15, Jawaharlal Nehru Road, Calcutta. The said hotel is classified as a Five Star hotel in the Government classification list and caters, inter alia, to foreign tourists.2. The appellant 1 provides lodging and meals in the said hotel and serves alcoholic beverages. In order to maintain its standard as required in its classification, the hotel has three restaurants within its premises known respectively as the Moghul Room, the Polynesia and the Princes.3. It is not in dispute that in the said restaurants the appellant 1 provides music and items of amusement like floor shows and cabarets especially on particular occasions like Christmas eve and new year's eve. It is also not in dispute t...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1987)20ITD347(Kol.)
1. The only question which arises in this appeal of the assessee-firm, namely, Kanoi Udyog against the order of the AAC relating to the assessment year 1981-82 is as to whether income of another firm, namely, Hanumanbax Jwala Prasad can be clubbed with that of the assessee.2. Original constitution of the partnership in the name of Kanoi Udyog is evidenced by a deed of partnership dated 2-4-1973. There were eight partners in the said firm and one minor, namely, Dinesh Kanoi was admitted to the benefits of the said partnership. On attaining majority by Shri Dinesh Kanoi, a new deed of partnership dated 1-10-1976 was executed and he also along with the other eight became partners of the said firm. Thereafter, another firm in the name of Hanumanbax Jwala Prasad was constituted by these very nine partners which was evidenced by a deed of partnership dated 2-3-1977. The partners in Kanoi Udyog and Hanumanbax Jwala Prasad were having same ratio of share in both the firms. Income of both the ...
Tag this Judgment!Court : Kolkata
Reported in : (1987)IILLJ523Cal
ORDER No. 3 dt. 27th January, 1983.In supersession of this Office Order No. Estb/Ad-hoc/Class-IV/13 dated 30th April, 1979, it is hereby ordered afresh that the services of Sri Abhijit Aich Roy S/o Ashutosh Aich Roy initially appointed as a Mazdoor on an Ad-hoc basis under this Office Order No. Estbt/Ad-hoc/Class-IV/ 424 dated 16th August 1973, are hereby terminated with immediate effect on payment of three months' wages in lieu of three months' notice.3. The case of the petitioner is that on 30th April, 1979, the petitioner, along with others because of the Trade Union movement, was sought to be dismissed from service but ultimately, upon the representation, the said order was not acted upon and the petitioner remained in service. The case of the petitioner is that he was holding a substantive post of peon and accordingly his services could not have been terminated in the manner it was sought to be done.4. The question that calls for determination is whether the petitioner, when his s...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1987)20ITD1(Kol.)
1. The first four grounds of the assessee's appeal relate to the addition of Rs. 60,000 to the trading account. The ITO in the assessment order mentioned that the assessee was having a Tube Mill at Bombay and also derived income from house property. On scrutiny of the tube mill account, he noticed that no invoices or challans regarding purchase of raw materials to the extent of Rs. 5,56,781 were available for verification. The assessee contended that the purchases were genuine and the stock was recorded in the stock register and day-to-day consumption of materials was recorded in the accounts. The ITO mentioned that although the stock was accounted for in the books, in the absence of any bill or vouchers of purchase it was not possible to know the exact price paid for any particular raw material or the reasonableness of the rates. Accordingly, he added back Rs. 60,000 to the trading account.2. The assessee took up the matter before the Commissioner (Appeals) before whom it was contend...
Tag this Judgment!Court : Kolkata
Reported in : (1987)63CTR(Cal)56,[1987]168ITR572(Cal)
Dipak Kumar Sen, J.1. Dwarka Prosad Bazaz, the assessee, was a partner of Mahadeolal Ramniwas, a firm. In the assessment year 1964-65, the previous year ending on November 15, 1963, the said firm was dissolved and the assessee took over the business of the said firm as the sole proprietor thereof.2. In the said assessment year, the assessee was assessed to income-tax and the share of the income from the said firm which was allocated to the assessee was included in the total income of the assessee.3. In the books of account of the firm, there were four cash credits respectively of Rs. 1 lakh, Rs. 1 lakh, Rs. 25,000 and Rs. 75,000 standing in the respective names of Govindram Ramnarayan Das, N. K. Sharaff, B. H. Sharaff and Babulal Kasera. It appears that at the time of assessment of the firm or that of the assessee, confirmation letters from the said creditors, the GIR numbers of their files as also the designation of the Income-tax Officers in whose jurisdiction the said creditors were...
Tag this Judgment!Court : Kolkata
Reported in : AIR1987Cal289
Bimal Chandra Basak, J. 1. This appeal arises out of a judgment and decree passed by the trial Court. On 15th Dec., 1979 a suit (T.S. No. 2256 of 1979) was filed by one Rabindra Nath Chatterjee against Dwijendra Nath Mullick and Subrata Mullick in the City Civil Court at Calcutta for the following relief :'(a) A Declaration that the partnership firm of 'New Dasakanna Bhandar' of the plaintiff and Bansi Badan Mallick, since deceased, father of the defendants created by the partnership deed dt. 8th Sept., 1972 and renewed by the consent decree dt. 31st Aug., 1979 passed by the High Court at Calcutta in Suit No. 624of 1979, (Bansi Badan Mallick v. Rabindra Nath Chatterjee) stood dissolved with effect from 20th Oct., 1979 when the said Bansi Badan Mallick died. (b) Declaration that the terms of settlement filed on 31st Aug., 1979 in the High Court at Calcutta in Suit No. 624 of 1979, (Bansi Badan Mallick v. Rabindra Nath Chatterjee) did not have the effect of making the defendants partners...
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