Kolkata Court April 1986 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
income-tax Officer Vs. Mercury Travels (i) Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Apr-23-1986
Reported in: (1986)18ITD151(Kol.)
1. Of the claim made by the assessee-company in the assessment year 1977-78 (previous year ending on 31-3-1977) under the head 'Sales promotion' the ITO disallowed Rs. 78,918, being in his opinion, in the nature of entertainment expenditure. On appeal, the assessee restricted the claim under that head to Rs. 33,848. The Commissioner (Appeals) held that out of the said amount of Rs. 33,848, Rs. 5,000 should be treated as entertainment expenses and the balance of Rs. 28,848 should be treated as sales promotion expenses. He, thus, allowed the deduction of Rs. 33,848 as business expenditure under Section 37 of the Income-tax Act, 1961 ('the Act'). Aggrieved by that order, the department is in appeal to the extent of Rs. 28,848 allowed as sales promotion expenses.2. The assessee was engaged in arranging package tour of foreign tourists. They were taken to different places of interest in the country and at the end of the tour get together was arranged with the tourists for exchange of views...
Webta Private Limited and ors. Vs. Collector of Customs and ors.
Court: Kolkata
Decided on: Apr-22-1986
Reported in: 1986(10)ECC208,1986(25)ELT670(Cal)
Sudhir Ranjan Roy, J.1. These three writ applications which are taken up for analogous disposal, arise out of claims for customs duty on goods exported by the petitioners to different foreign countries, said to be finished leather, which, according to the petitioners are exportable free of duty in view of a notification dated August 2, 1976 issued by the Central Government under Section 25 of the Customs Act, 1962.2. Since in the said notification 'finished leather' was not explained, the Customs authorities were relying upon the different norms set out in that regard by the Central Leather Research Institute (hereinafter to be referred to as the 'C.L.R.I.') in 1973. According to the petitioners, the said norms set out by the C.L.R.I. having no legal foundation, could not be relied upon as such, but the Customs Authorities on the basis of the opinion expressed by the C.L.R.I. held that the subject goods exported by the petitioners were not 'finished leather' within the meaning of the e...
Graphite Vicarb India Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Apr-21-1986
Reported in: (1986)18ITD58(Kol.)
1. This appeal has been filed by the assessee against the order dated 16-12-1983 of the Commissioner (Appeals) by which he confirmed the order dated 5-12-1981 of the ITO passed under Section 195(2) of the Income-tax Act, 1961 ('the Act'). 1. That on the facts and in the circumstances of the case, the learned Commissioner erred in facts and in law in confirming that the first instalment of Rs. 3,33,333 of the lump sum amount of Rs. 10 lakhs representing consideration payable to Vicarb S.A., Grenable, France in consideration of the transfer and importing of data, documentation etc. was taxable in terms of provisions of Section 115A of the Income-tax Act and consequently holding that the ITO was justified in passing an order under Section 195(2) charging the same to tax. 2. That on the facts and in the circumstances of the case, the learned Commissioner was not justified in holding that the lump sum amounts payable under Clause 11 of the agreement was in the nature of royalty both within...
Commissioner of Income-tax Vs. Ganesh Sugar Mills Ltd.
Court: Kolkata
Decided on: Apr-21-1986
Reported in: [1986]161ITR540(Cal)
Dipak Kumar Sen, J.1. The facts found or admitted in this reference are shortly as follows. Ganesh Sugar Mills Ltd., Calcutta, the assessee, is a limited company and carries on business of manufacture of sugar. The assessee also owns and runs two farms--one at Chehri and the other at Bagapar, where sugarcane is cultivated. The sugarcane produced in the two farms is mainly utilised by the assessee as raw material for manufacture of sugar in its own factory.2. In the assessment year 1963-64, the corresponding accounting year ending on September 30, 1962, the assessee in its accounts debited on account sugarcane produced in its farms and utilised in the manufacture of sugar at its factory price at the rate the ex-factory gate price fixed by the Government for sugarcane, viz., Rs. 4'34 per quintal, and in addition claimed as deduction Rs. 77,288 on account of transport expenses incurred in bringing the sugarcane from the farms to the factory.3. The assessee was assessed to income-tax in th...
Commissioner of Income-tax Vs. J. Gestin
Court: Kolkata
Decided on: Apr-21-1986
Reported in: [1986]161ITR563(Cal)
Dipak Kumar Sen, J.1. In this reference under Section 256(1) of the Income-tax Act, 1961, the question of law referred by the Tribunal arising out of its order for the opinion of this court is as follows :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the remuneration and other perquisites received by the assessee during the relevant previous years under reference up to December 12, 1969, were exempt under Section 10(6)(vii)(a)(ii) of the Income-tax Act, 1961 ?'2. The facts found and/or admitted which are relevant to the dispute may be noted as follows.3. Mr. J. Gestin is a French technician who arrived in India on deputation on December 12, 1966, and was appointed by the Hindusthan Zinc Ltd., a public sector undertaking. The assessee worked with Hindusthan Zinc Ltd. up to January, 1968, and thereafter left India. The employment of the assessee with Hindusthan Zinc Ltd. was approved by the Government of India as recorded in a collabo...
income-tax Officer Vs. Ramesh Chandra Ghosh
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Apr-18-1986
Reported in: (1986)18ITD66(Kol.)
1. These two appeals filed by the department are directed against the common order dated 31-7-1984 of the AAC. They were heard together and disposed of by this common order for the sake of convenience.2. These two orders have been passed against the appellate order passed under Section 154 of the Income-tax Act, 1961 ('the Act'). The assessee claimed interest on refunds due to it for the assessment years 1968-69 and 1976-77. In orders under Section 154, the ITO refused to give any refund. On appeal, the AAC by the common order dated 31-7-1984 allowed the assessee's claim and directed the ITO to allow interest under Section 244(1) of the Act. Thus, the AAC allowed both the appeals against which the department has come up in appeal before us.3. Shri S.K. Lahiri, the learned representative for the department, stated before us that the AAC has stated in his order only the facts of the assessment year 1968-69 but not those relating to the assessment year 1976-77. For the assessment year 19...
Rajendra Prasad Agarwalla and ors. Vs. Allahabad Bank and ors.
Court: Kolkata
Decided on: Apr-18-1986
Reported in: AIR1987Cal262
Bimal Chandra Basak, J. 1. This appeal is directed against a judgment and order passed by the learned single Judge of this Court on 16th July 1985 whereby the learned Judge allowed the application of the plaintiff decree-holder for amendment of the tabular statement filed on or about 26th July, 1984 in the manner shown in red ink in a copy of the tabular statement being Annexure X to the said application and for ancillary orders/directions.2. The suit was filed by the Allahabad Bank Ltd., the predecessor-in-interest of the respondent No. 1 against the defendants whereby on the 4th Aug. 1972 a decree was passed against the defendant No. 2 for a sum of Rs. 71,722.45 P. with interest at the rate of 6% per annum on the principal sum of Rs. 70,000/- from 7-9-68 until realisation. On 26th July 1982 the execution application in tabular form was filed. In such Tabular Statement under column 10, that is, the mode in which the assistance of the Court is required, the following prayers were made ...
Ballarpur Industries Ltd. Vs. Collector of Customs and ors.
Court: Kolkata
Decided on: Apr-18-1986
Reported in: 1987(30)ELT195(Cal)
Padma Khastgir, J.1. The petitioner carries on business of the import of brass scraps in the state of Maharashtra. Such brass scraps imported by the petitioners have various trade names 'Honey', 'Abony', 'Pales' and various other names. The customs duty under the provisions of the Customs Act, 1962 is leviable on import of brass scrap at such rate as may be specified in the Customs Tariff Act.2. Chapter 74 of the First Schedule to the Tariff Act provides for rates of duty on import of copper and other articles thereof. It was contended by the petitioner that the Brass Scrap imported by them is master alloy and is covered by Heading No. 74.01/02 of Chapter 74 of the First Schedule.3. The petitioner entered into a contract on 15th of February, 1982 with Phibro Asia Ltd. of America to buy approximately 60 short tons of Brass Scrap confirming two Nari Specification Abony at 72 U.S. Cents per pound C.I.F. Calcutta. Pursuant to the said contracts the goods arrived at Calcutta on board the Ve...
Rajendra Mechanical Industries Private Limited and anr. Vs. Assistant ...
Court: Kolkata
Decided on: Apr-18-1986
Reported in: 1987(31)ELT53(Cal)
Padma Khastgir, J.1. Being aggrieved by a show cause notice dated 14th August, 1981, the writ petitioner moved the writ jurisdiction of this Court for issuance of necessary Rule and interim order enabling the petitioner to clear the goods against the import licence on payment of duty at the rate of 45% per invoice value together with a direction upon the Port Trust Authorities for clearance of the goods without any charge of demurrage from the date of the arrival of the goods at Calcutta till its release.2. The petitioners carrying on business as manufacturers of steel tubes and importers of raw materials for such use. The petitioners have been issued requisite industrial licence by the Customs Authorities for manufacture of steel pipes under the provisions of the Industries (Development & Regulation) Act, 1951. The Controller of Import & Export issued import licence dated 25th February, 1980 and revalidated upto 31st of May, 1981 by endorsement in the licence, thus authorising the pet...
income-tax Officer Vs. Machine Techno (Sales) (P.) Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Apr-16-1986
Reported in: (1986)18ITD318(Kol.)
1. The appeal by the revenue is that the Commissioner (Appeals) erred in accepting the contention of the assessee that at the relevant time, the assessee entertained a bonafide belief that it was not obliged to file the estimate Under Section 212(3A) of the Income-tax Act, 1961 ('the Act') and that constituted a reasonable cause for failure to furnish the estimate Under Section 212(3A) and thereby the Commissioner (Appeals) erred in cancelling the penalty levied by the ITO Under Section 273(c) of the Act.2. The ITO in his order mentioned that Under Section 210, the ITO asked the assessee to pay advance tax of Rs. 1,85,044 which was calculated by him on the basis of the total income (Rs. 2,87,480) assessed for the assessment year 1967-68 which was the latest regular assessment. The year under consideration was 1971-72. The advance tax demand was payable in three instalments, i.e., 15-9-1970, 15-12-1970 and 15-3-1971. In compliance there with, the assessee paid two instalments.On 17-2-1...
- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »