Kolkata Court March 1986 Judgments
Shaktigarh Textiles and Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-31-1986
Reported in: (1986)18ITD145(Kol.)
1. This is an appeal by the assessee in which the first ground is that the Commissioner (Appeals) erred in holding that deduction of Rs. 26,09,102 on account of gratuity on actuarial valuation claimed under Section 37(1) of the Income-tax Act, 1961 ('the Act') was not allowable. It is the appeal by the assessee that this claim is not hit by the provisions of Section 40A(7) of the Act. At the time of hearing it is pointed out by the learned counsel for the assessee that this point is covered by the decision of the Hon'ble Calcutta High Court in the case of CIT v. New Swadeshi Mills of Ahmedabad Ltd. [1984] 147 ITR 163 which was against the assessee.2. We have heard both the sides. We are of the opinion that the Commissioner (Appeals) was justified in holding that the deduction of provision for gratuity liability was not admissible in view of the specific provisions contained in Section 40A(7) and the decision of the Hon'ble High Court referred to earlier.3. The second ground of appeal ...
Tag this Judgment!Savani Transport (Private) Ltd. Vs. Gangadhar Ghosh
Court: Kolkata
Decided on: Mar-31-1986
Reported in: AIR1986Cal330,90CWN866
A.M. Bhattacharjee, J. 1. The suit against the carrier for compensation in respect of the goods consigned, which has given rise to this appeal, was filed by the plaintiff in the City Civil Court of Calcutta and has been decreed by learned Judge of that Court, notwithstanding an agreement between the parties to the effect that 'the contract shall be deemed to have been entered and made with the Administrative and Head Office of the Company at Bombay and that 'the Courts in Bombay alone shall have jurisdiction in respect of all claims and matters arising under the consignment or of the goods entrusted for transport'. The Head Office of the defendant carrier Company being in Bombay and the goods having been consigned for delivery in Calcutta, the Courts both in Bombay and Calcutta would ordinarily have jurisdiction to try the suit. The law is now well settled, and more so after the decision of the Supreme Court in Hakam Singh v. Gammon (India) Ltd., : [1971]3SCR314 , that when two or more...
Tag this Judgment!Sm. Pritikona Banerjee Vs. Rabi Shankar Banerjee
Court: Kolkata
Decided on: Mar-27-1986
Reported in: AIR1987Cal269
Mookerjee, J.1. The defendant wife made this application under Section 24 of the Civil Procedure Code, 1908 for transfer of Matrimonial Suit No. 77 of 1985 filed by the plaintiff opposite party husband for restitution of conjugal rights in the learned District Judge's Court, Howrah. Mr. Banerjee, appearing on behalf of the plaintiff opposite party husband has raised a preliminary objection to the maintainability of this application under Section 24 of the Civil Procedure Code on the ground that the special provision to transfer petition contained in Section 21A of the Hindu Marriage Act has by implication ousted the jurisdiction of this Court under Section 24 of the Act in the matter of transfer of matrimonial proceedings. We are unable to agree. In the first place, the conditions for applicability of Section 21A of the Hindu Marriage Act are not present in the present case. Only one matrimonial proceeding instituted by plaintiff husband is pending in the learned District Judge's Court...
Tag this Judgment!income-tax Officer Vs. Paharpur Cooling Towers (P.) Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-25-1986
Reported in: (1986)18ITD385(Kol.)
1. The appeal is by the revenue which is directed against the order of the Commissioner (Appeals) by which he has cancelled the penalty order passed by the ITO under Section 273(a) of the Income-tax Act, 1961 ('the Act') without appreciating accurate facts of the case. It is also the appeal by the revenue that the order by the Commissioner (Appeals) may be cancelled and that of the ITO may be restored.2. The ITO in his order under Section 273 dated 26-3-1984 noted that under Section 210 of the Act notice was issued to the assessee on 25-5-1977 demanding payment of advance tax of Rs. 36,08,768 on the basis of the total income of Rs. 64,75,860 of the last completed assessment for the assessment year 1975-76. He noted that the assessee filed an estimate on 15-12-1977 showing an estimated income of Rs. 82 lakhs. He noticed that the estimated income filed by the assessee for advance tax purpose was much lower than the income returned and the income assessed. Accordingly, he initiated proce...
Tag this Judgment!Smt. Kamla Devi Vs. Wealth-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-25-1986
Reported in: (1986)16ITD687(Kol.)
1. As all these three appeals filed by the assessee are directed against the consolidated order dated 28-12-1984 passed by the Commissioner (Appeals), give rise to common issues, they were heard together and for the sake of convenience, are being disposed of by this single order.2. The assessee is an individual. The assessment years involved are 1972-73 to 1974-75. The assessee along with others owned properties in the district of Mymensingh in East Pakistan which is now in Bangladesh.Her share in these properties was one-third. The assessee had migrated from East Pakistan long ago. At the relevant valuation dates, she was a resident and citizen of India. In 1965, the aforesaid properties vested in the custody of enemy property, Pakistan and later on, the same vested in the Government of Bangladesh. The assessee had filed a claim before the custodian of enemy property for India claiming a compensation of Rs. 5,07,11,800. The assessee's one-third share came to Rs. 1,69,03,933. On this ...
Tag this Judgment!Kanoria Overseas Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-25-1986
Reported in: (1986)18ITD44(Kol.)
1. The appeal by the assessee is directed against the order of the Commissioner as passed under Section 2.63 of the Income-tax Act, 1961 ('the Act') on 14-3-1985.2. The Commissioner noted that the ITO did not charge interest under Section 217 of the Act, when the assessment for the assessment year 1981-82 was completed. He initiated action under Section 263 which was objected by the assessee. The assessee submitted that after considering the tax payable, tax deducted at source, etc., it would be found that no interest was chargeable under Section 217 as alleged. The assessee also submitted that action under Section 263 cannot be taken as the assessment order was passed by the ITO after considering the instructions of the I AC under Section 144B of the Act. It was also contended by the assessee that the order of the ITO was not erroneous or prejudicial to the interest of the revenue. It was urged, therefore, that the proceedings under Section 263 should be dropped.3. The Commissioner n...
Tag this Judgment!East India Hotels Ltd. Vs. Central Board of Direct Taxes and ors.
Court: Kolkata
Decided on: Mar-25-1986
Reported in: [1986]161ITR227(Cal)
Ajit Kumar Sengupta, J. 1. The petitioner is the owner of Oberoi Inter-Continental Hotel. The petitioner made an application on October 11/15, 1969, for approval under Section 84(3)/80J of the Income-tax Act, 1961, regarding Oberoi Inter-Continental Hotel. On June 10, 1970, the Central Government granted approval to Oberoi Inter-Continental Hotel for the purpose of Section 80J(6)(d) of the Act. The Income-tax Officer made the original assessment for the assessment year 1967-68 under Section 143(3) on March 24, 1972. The Income-tax Officer in the assessment held that the petitioner had fulfilled the conditions laid down in Section 84 of the Act and accordingly relief under that section would be available to the petitioner. The assessee preferred an appeal before the Appellate Assistant Commissioner in respect of the points where Income-tax Officer held against the petitioner. The Appellate Assistant Commissioner, however, set aside the assessment on November 30, 1973. On February 19, 19...
Tag this Judgment!Tolaram Jalan and ors. Vs. Commissioner of Wealth Tax.
Court: Kolkata
Decided on: Mar-25-1986
Reported in: (1987)59CTR(Cal)41
Dipak Kumar Sen, J. - Smt. Panna Jalan, the assessee, was assessed to wealth-tax in the asst. yrs. 1965-66 to 1969-70. The assessee claimed before the WTO that her entire jewellery valued over Rs. 5,00,000 was exempt from wealth-tax under s. 5(1)(viii) of the WT Act, 1957. The WTO held that a part of the jewellery of the assessee of the value of Rs. 22,000 was not intended for her personal use and, therefore, was not entitled to exemption as claimed. In respect of the balance of the jewellery the assessees for exemption was accepted. The assessments were completed accordingly.2. Appeals were filed against the assessment order by the assessee before the AAC and thereafter before the Income Tax Appellate Tribunal on other issues. The said appeal before the AAC was decided on 4-2-1971 and the appeal before the Tribunal was decided on 22-3-1973.3. In the meantime s. 5(1)(vii) of the WT Act, 1957 was amended by the Finance (No. 2) Act, 1971. By the said amendment jewellery was excluded was ...
Tag this Judgment!income-tax Officer Vs. Trustees of Mangal Foundation
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-24-1986
Reported in: (1986)16ITD564(Kol.)
1. This appeal has been filed by the department against the order dated 13-8-1984 of the Commissioner (Appeals) relating to the assessment year 1981-82, the previous year of which ended on 31-3-1981.2. The first ground in this appeal states that the Commissioner (Appeals) erred in holding that the assessee-trust is entitled to exemption under Section 11 of the Income-tax Act, 1961 ('the Act'). The undisputed facts leading to this appeal before us are that the assessee is a trust whose income has been held to be exempt under Section 11 in the earlier years. In course of the assessment proceedings for the assessment year 1981-82 which is under consideration the ITO found that the assessee-trust had received 23,910 equity shares as donation and it purchased further 1,000 equity shares of Kamal Trading Co. (P.) Ltd. Two other persons, viz., (1) Jayshree Charity Trust, and (2) Swarasangam were the substantial contributors to the assessee-ttust as envisaged under Section 13(3)(b) of the Act...
Tag this Judgment!Hind Wire Industries Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-24-1986
Reported in: (1986)16ITD637(Kol.)
1. By this appeal the assessee, a company, challenges the order of the Commissioner (Appeals) dated 1-9-1984. It is opposed by the department.2. Ground Nos. 1 to 7 relate to the first objection of the assessee that the order of the Commissioner (Appeals) regarding carry forward of the deficiency under Section 80J(3) of the Income-tax Act, 1961 ('the Act') is erroneous. In the assessment year 1976-77 the assessee's claim under Section 80J was dealt with by the ITO in the following manner : The assessee claimed relief under Section 80J of the Income-tax Act, 1961 for Unit No. 2 which has commenced production in this year. A separate balance sheet has also been filed in respect of Unit No. 2 which reveals the figure of sale at Rs. 18,429 and closing stock of initial product at Rs. 22,82,633. The assessee has also given separate balance sheet and separate set of accounts for this unit in support of the claim. But as the claim for Rs. 2,58,729 in the return and as per revised return dated ...
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