Kolkata Court February 1986 Judgments
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Commissioner of Income-tax Vs. S.B. Electric Mart (P.) Ltd.
Court: Kolkata
Decided on: Feb-20-1986
Reported in: [1988]172ITR318(Cal)
Dipak Kumar Sen, J.1. S.B. Electric Mart (P) Ltd., the assessee, was assessed to income-tax in the assessment year 1964-65, the relevant accounting year ending on December 31, 1963. The assessee had declared a dividend of Rs. 5,625 in the said year.2. The Income-tax Officer computed the total assessable income of the assessee in the said assessment year to be Rs. 1,93,835. He found that after deduction from the said total income the assessed tax and donation under Section 88 of the Income-tax Act, 1961, there was a distributable surplus in the hands of the assessee of Rs. 76,783.3. The Income-tax Officer also ascertained the commercial profit of the assessee for the said assessment year as follows :Taking the profit shown in the books of account of the assessee at Rs. 11,285 the Income-tax Officer added to the said amount the sum of Rs. 38,000 on account of unexplained cash credit, Rs. 310 as interest paid on such deposits plus a sum of Rs. 86,318 aggregating to Rs. 1,35,913. The Incom...
Jatiram Gharami and ors. Vs. Atul Krishna Das Kuri and ors.
Court: Kolkata
Decided on: Feb-19-1986
Reported in: AIR1988Cal79
Sankar Bhattacharyya, J.1. These two appeals by the unsuccessful defendants are directed against the appellate judgment and decree of the learned Additional District Judge, 3rd Special Court, Alipore, passed in Title Appeal No. 1093 and Money Appeal No. 98 of 1960, reversing the judgment and decree of the learned Munsif, 1st Court, Baruipur, passed in Title Suit No. 902 and Money Suit No. 138 of 1957 which were tried analogously as the parties were the same and common questions of law and fact were involved. For the same reason, the two appeals were heard analogously by the learned Additional District Judge and were disposed of by a common judgment. Accordingly, these two appeals have been heard together and this judgment will govern both.2. The property involved in Title Suit No. 902 of 1957 comprises five plots of land appertaining to Khatian No. 214, measuring 45 decimals in area. The case of the plaintiffs was that this land, together with certain other lands of Khatian Nos. 21 and...
Dey's Medical Stores Mfg. (P.) Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Feb-18-1986
Reported in: (1986)53CTR(Cal)193,[1986]162ITR630(Cal)
Suhas Chandra Sen, J. 1. The assessee is a limited company. The references relate to the assessment years 1966-67 to 1970-71. The Income-tax Officer, in the course of the proceedings for the assessment year 1969-70, came to know that the assessee-company had made large borrowings from bank for investment on a new project for the manufacture of chloram-phenicol, a basic raw material and a broad spectrum antibiotic, which was extensively used for the treatment of typhoid and skin diseases, etc., and was a component of the assessee-company's formulations appearing under the name of enteromycetin brand of preparations. The assessee-company obtained an industrial licence from the Government for this project. During the previous years relevant to the assessment years 1966-67 to 1968-69, a portion of the borrowings from bank on overdraft were invested on the project and during the previous year relevant to the assessment year 1969-70, the assets of this project consisting of land, building an...
Commissioner of Income-tax Vs. Alfred Herbert (India) Pvt. Ltd.
Court: Kolkata
Decided on: Feb-18-1986
Reported in: (1986)52CTR(Cal)321,[1986]159ITR583(Cal)
Dipak Kumar Sen, J. 1. The assessee, Alfred Herbert (India) Pvt. Ltd., is a company incorporated in India and is a subsidiary of Alfred Herbert Ltd. of Coventry, a company incorporated in the United Kingdom, and so a non-resident company. 2. An agreement was entered into by and between the assessee and the non-resident company dated June 27, 1955, whereby the assessee was appointed as the sole selling agent of the non-resident company. 3. In assessment years 1968-69, 1969-70 and 1970-71, the relevant accounting years ending on the 31st October of the calendar years 1967 1968 and 1969, Alfred Herbert Ltd., U.K., was assessed to income-tax in India in the status of a non-resident company. The assessment orders were passed respectively on September 5, 1968, August 7, 1969 and February 12, 1971. 4. Thereafter, on March 2, 1971, the Income-tax Officer passed orders under Section 163 of the Income-tax Act, 1961, treating Alfred Herbert (India) Pvt. Ltd., the assessee, as an agent of the non-...
Indian Cable Co. Ltd. and anr. Vs. Collector of Customs and ors.
Court: Kolkata
Decided on: Feb-18-1986
Reported in: 1988(16)ECC136,1988(17)LC748(Calcutta),1987(30)ELT680(Cal)
Padma Khastgir, J.1. The Indian Cable Co. Ltd. being aggrived by various assessment made by the Collector of Customs on 3rd of 3une, 1981, 16th of July, 1981, 5th of August, 1981 and 17th of September, 1981 under Tariff Item No. 39.01/06 of the Customs Tariff Act and under Item 5-A of the Central Excises and Salt Act, 1944 had moved the Writ Jurisdiction of this Court for necessary reliefs.2. In connection with its business of manufacturing various kinds of electrical cables and wires the Petitioner had to import amongst other synthetic rubber sold under the trade name 'Hypalon' which is used for insulating wires and cables. According to the Petitioner, the said Hypalon is manufactured in U.S.A. and sold by them throughout the world as synthetic rubber. The Petitioner contended that the Hypalon is in fact a form of synthetic rubber. The Petitioner in that respect craved reference to certain technical literature and specifications. In the Import Trade Policy for the year 1977-78 till 19...
Mullick Somnath Charitable Trust Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Feb-17-1986
Reported in: [1986]160ITR3(Cal)
Dipak Kumar Sen, J.1. The facts found and/or admitted in this reference are, inter alia, that Mullick Somnath Charitable Trust, Calcutta, the assessee, is a trust created by a trust deed which was executed by the settlor on January 14, 1959. The relevant previsions of the deed are, inter alia, as follows :'The trustees shall hold and stand possessed of the trust property up to the trust following : (i) The trustees shall with the said sum of Rs. 50,000 or part thereof as may be required or thought fit construct a suitable building on the piece or parcel of land mentioned in Schedules 'A' and 'B'. (ii) The trustees shall after payment of all taxes, impositions, costs of repair, management of the trust property, etc., use half of its net income at their absolute discretion for the benefit of the public in the advancement of religion, knowledge, health, safety, relief of the poor or any other object beneficial to mankind or of general utility and for any one or more of the said objects an...
Krishna Ch. Santra Vs. the State
Court: Kolkata
Decided on: Feb-12-1986
Reported in: 1986CriLJ2077
Lilamoy Ghosh, J.1. On the 18th of Dec. 1978, the dead body of Champa Santra was found. The prosecution case is that the accused, Kesto left with Champa the previous night and never returned. After the dead body was discovered at a different place, an F.I.R. was lodged by P. W. 1, Shri Mrityunjoy Bhakta. However, at the other end, that is in the village of the deceased, the family members did not know about the death of Champa. It is said on behalf of the prosecution that some persons, including Sunil (P. W. 15) made queries of the accused as to the whereabouts of Champai not knowing that by that time Champa was dead. Later on, according to prosecution version, the accused, Kesto, on being pressed, confessed before villagers that Champa was murdered by him. It may be mentioned in this connection that the prosecution case is that that night Champa left with Kesto with a radio in her hand. Besides, she had with her a muffler which has been exhibited also. On the basis of these pieces of ...
Controller of Estate Duty Vs. Lokendra Kumar Roy Chowdhury and ors.
Court: Kolkata
Decided on: Feb-10-1986
Reported in: [1987]167ITR334(Cal)
Dipak Kumak Sen, J.1. Harendra Kumar Roy Chowdhury executed a deed on Septembers, 1930, and conveyed properties mentioned in the deed including the goodwill of a running business himself to be held upon the following trusts :(a) Out of the income of the properties, worship of the family deities of the settlor and the periodical religious festivals would be carried on by the trustee ; (b) An educational institution at Baliati known as Iswar Chandra H. E. School and a hostel of the said school would be maintained out of such income : (c) Rs. 500 would be spent out of such income every year on charity left to the discretion of the trustees. The settlor as long as he continued as the trustee would, however, be at liberty to spend up to Rs. 20,000 and his son, Ganendra Kumar, when he would act as the trustee would be at liberty to spend up to Rs. 1,000 per year on charity ; (d) Expenses on pilgrimage for the members of the family of the settlor would be paid out of the income of the trust p...
Indian Aluminium Co. Ltd. and anr. Vs. Collector of Customs and ors.
Court: Kolkata
Decided on: Feb-10-1986
Reported in: 1986(8)ECC167,1986(25)ELT666(Cal)
Sudhir Ranjan Roy, J.1. The Customs Appellate Tribunal by its impugned order dated April 27, 1983 having classified the subject machine, the hot blocker, imported by the petitioner No. 1 from West Germany for their rolling mill at Belur, under heading No. 84.59(1) of Chapter 84 of the First Schedule to the Customs Tariff Act, 1975 for payment of customs duty, instead of it being classified under heading No. 84.22 of the said Schedule, the petitioners have invoked the writ jurisdiction of this court for a direction upon the respondents to recall the said order to classify the machine under heading No. 84.22 and refund the sum of Rs. 31,66,108.24 paise together with interest being the excess amount of customs duty realised by the customs authorities from the petitioner No.1.2. The petitioner No. 1, as it appears, in the year 1954 installed at its Belur factory a hot rolling mill. The function of the mill is to roll aluminium alloy ingots into slabs/sheets. To facilitate handling of longe...
Indian Explosives Limited Vs. Assistant Commissioner of Commercial Tax ...
Court: Kolkata
Decided on: Feb-10-1986
Reported in: [1986]63STC404(Cal)
Ajit Kumar Sen Gupta, J. 1. The petitioner, Indian Explosives Limited, obtained a registration certificate on 1st July, 1960, under the Bihar Sales Tax Act and Rules thereunder from the sales tax authority of Bihar. The said registration certificate was renewed up to 31st May, 1978.2. On 13th May, 1968, the petitioner entered into an agreement with M/s. Card Board Products (Gomia) whereby the latter firm supplied and sold to the petitioner the packing material, viz., fibre board, cartons, boxes, etc., in accordance with the specification mentioned therein in the agreement. The said agreement was renewed on 30th January, 1974.3. On 18th March, 1975, the petitioner received from the respondent No. 1, Assistant Commissioner of Commercial Taxes, a letter whereby the petitioner was asked to show cause why the paper carton, purchased on the strength of the concession given in column 13 of the registration certificate, be not deleted from the registration certificate. The petitioner by a lett...
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