Kolkata Court February 1986 Judgments
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Commissioner of Income-tax Vs. Nathmal Bhuwalka
Court: Kolkata
Decided on: Feb-03-1986
Reported in: [1987]164ITR747(Cal)
D.K. Sen, J.1. Nathmal Bhuwalka, the assessee, carried on business of running a colliery. It is not in dispute that in respect of the colliery.royalty was payable by the assessee to the State Government for every month by the 15th day of the next month, failing which interest at the rate of 12 per cent, per annum became payable on the amount of royalty in arrears by the assessee. 2. In the assessment year 1970-71, the corresponding accounting period ending on the Ram Navami day, being some time in April of the year 1970-71, the assessee was assessed to income-tax. In its return, the assessee had claimed deduction of an amount of Rs. 25,000 which the assessee had provided for meeting the liability to pay interest to the State Government on account of its delay in payment of royalty. It is not in dispute that at the beginning of the accounting period, a substantial sum had become due from the assessee to the State Government on account of royalty apart from the monthly accrual of further...
income-tax Officer Vs. Smt. Bhiki BhaiyA.
Court: Kolkata
Decided on: Feb-03-1986
Reported in: [1986]17ITD510(Cal)
ORDER1. These four appeals filed by the department relate to the same assessee. Hence, they are heard together and disposed of by this common order for the sake of convenience.2. The assessee is an individual. The appeals are concerned with the assessment years 1975-76 to 1978-79. The original assessments were made for these four years allowing the municipal taxes as claimed by the assessee while determining her income from house property. Subsequently, the ITO reopened the assessments under section 147(a) of the Income-tax Act, 1961 (the Act), on the ground that the assessee had paid a smaller amount of municipal tax than claimed by her at the time of original assessments. In course of the assessment proceedings, the assessee urged that she had concealed no material particulars necessary for the assessments and so the reopening of the assessments under section 147(a) was bad in law. The ITO recorded in his order sheet dated 16-4-1983 as below for all the four years under consideration...
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