Kolkata Court August 1986 Judgments
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Hasimara Industries Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Aug-29-1986
Reported in: [1990]184ITR174(Cal)
Suhas Chandra Sen, J. 1. The following question of law has been referred by the Tribunal under Section 256(2) of the Income-tax Act, 1961 : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in disallowing the loss of irrecoverable advance of rupees twenty lakhs in computing the assessee's profits on the ground that the amount was spent by Saksaria Cotton Mills Ltd. on the modernisation and improvement of the machinery ?' 2. The facts of the case are set out in detail in the judgment that has been delivered in the assessee's own case being Income-tax Reference No. 100 of 1977 ; CIT v. Hashimara Industries Ltd, : [1989]175ITR477(Cal) . 3. In this reference, the dispute is about the allowability of a sum of Rs. 20,00,000 given by way of advance to Saksaria Cotton Mills Limited for modernisation of its plant. The assessment year involved is 1968-69 forwhich the previous year ended on March 31, 1968. 4. The assessee advanced a sum of Rs...
Commissioner of Income-tax Vs. Hashimara Industries Ltd.
Court: Kolkata
Decided on: Aug-29-1986
Reported in: [1989]175ITR477(Cal)
Suhas Chandra Sen, J.1. In this reference, the assessment year involved is 1968-69 for which the previous accounting period ended on March 31, 1968.2. The facts found by the Tribunal are as under :The assessee is a public limited company. It owned several tea estates and its main income was from sale of tea. Davenport and Co. (P.) Ltd. are the managing agents of the assessee. In 1960, the assessee altered its memorandum of association with the approval of the Calcutta High Court for the purpose of diversifying its activities and it took cotton business in addition to its business in tea. Saksaria Cotton Mills Ltd. was also a public limited company and in 1957, it was in the process of liquidation. The assessee, along with one Sri S. L. Bajoria, a shareholder of Davenport and Co. (P.) Ltd., produced a scheme which was approved by the High Court and liquidation proceedings came to an end. The assessee and Shri S. L. Bajoria entered into an agreement for the lease of the mills from Saksar...
income-tax Officer Vs. Asiatic Wires Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Aug-26-1986
Reported in: (1986)19ITD611(Kol.)
1. By this appeal the department challenges the order of the Commissioner (Appeals) allowing the assessee's claim for deduction of Rs. 1,72,500 under an award dated 16-5-1980. It is opposed by the assessee-company.2. The assessee-company manufactures and sells different types of wires. During the previous year relevant to the assessment year under consideration the assessee-company entered into a contract with the Haryana State Electricity Board for supply of 880 M.Tons of galvanised wires of a particular variety. Out of the said quantity, the assessee-company delivered only 464 M. Tons of wires. Disputes . arose between the parties on account of non-delivery of remaining 416 M. Tons of wires, and ultimately the dispute was referred to the arbitration of Mr. O.P. Khaitan and Mr. J.C. Kalra. They, however, differed in their opinion and as such, the matter was referred to. Mr. A.B.N. Sinha, retired Judge of the Patna High Court as Umpire. But he died after some proceedings had taken pla...
S.B. Cold Storage Industries Pvt. Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Aug-26-1986
Reported in: [1987]166ITR646(Cal)
Dipak Kumar Sen, J. 1. S. B. Cold Storage Industries Pvt. Ltd., the assessee, owns and runs a cold storage plant for storage of potatoes. The assessee was assessed to income-tax for the assessment year 1979-80, the accounting year ending on December 31, 1978. In the assessment, the assessee claimed investment allowance under Section 32A of the Income-taxAct, 1961, contending that it had installed new plant and machinery of the value of Rs. 2,29,315 in the cold storage during the accounting year which had been used wholly and exclusively for the purpose of its business. The investment allowance was claimed on the said amount. The assessee contended that an amount of over 75% of its claim for investment allowance had been debited in its profit and loss account of the year involved under an ' Investment Allowance Reserve Account'. The assessee contended that the operations in its cold storage plant amounted to manufacture, the main operation being processing of potatoes by chilling so tha...
indo Asahi Glass Co. Ltd. and anr. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Aug-26-1986
Reported in: 1987(11)ECC378,1987(12)LC886(Calcutta),1987(30)ELT124(Cal)
M.N. Roy, J. 1. This application for stay of an order dated 7-8-1986, passed by Suhas Chandra Sen, J. Was filed in an appeal, which was presented on 12-8-1986. The application and the appeal have been filed by the writ petitioners and from the statements in the application it would appear that the application for a rule came up for hearing as 'Listed Motion' before the learned trial Judge on 29-7-1986 and after hearing the parties, he was pleased to reserve the judgment and thereafter, by the order under appeal, the learned Judge was pleased to dismiss and/or reject the said application.2. The proceedings before the learned trial Judge were taken against certain demands raised by the respondent, Collector of Central Excise and the other authorities of the Customs, Excise and Gold (Control) and from a reference to the cause title, it appeared to us that on the basis of the location of the records, for the cause of action which arose, this Court has no jurisdiction in its writ jurisdicti...
Jitendranath Nath Brahmachari Vs. Telecom Factory and ors.
Court: Kolkata
Decided on: Aug-25-1986
Reported in: 91CWN1045,(1994)IIILLJ152Cal
Susanta Chatterji, J.1. Both these two applications under Article 227 of the Constitution of India respectively by a large number of employees of the Government of India, Telecom Factory, Calcutta and by the Manager of the said factory, have been filed against the judgment dated 22nd January, 1986 passed by the learned Chief Judge, Court of Small Causes in an appeal preferred by the Manager of the said Factory under Section 17 of the Payment of Wages Act, 1935 against the order dated 29th August, 1984 under Section 15 of the said Act upon three applications of the employees passed by the authority under the said Act.2. Three sets of the employees of the said Telecom Factory, Calcutta had filed three applications before the Authority under the Payment of Wages Act claiming, interalia, that the Manager of the said Factory as the employer in calculating their over-tipe wages had deducted house rent allowances contrary to the provisions of the Payment of Wages Act. They had also prayed for...
Basanti Bastralaya Vs. River Steam Navigation Co. Ltd. and ors.
Court: Kolkata
Decided on: Aug-22-1986
Reported in: AIR1987Cal271,[1989]66CompCas270(Cal)
Pratibha Bonnerjea, J.1. This is a suit filed in August 1968 for recovery of damages of Rs. 24,333.42 for non-delivery of goods by the defendants, a decree for the said sum against the defendants in favour of the plaintiff or an enquiry into the damages and decree for the sum found due to the plaintiff against the defendants, interest and costs etc.2. The defendant No. 1 was a common carrier and used to carry goods by inland navigation for reward. The defendant No. 1 received 4 bales of Mill made cotton cloth weighing 763 kilograms on 13-8-65,4 bales of Mill mads cotton cloth weighing 5 quintals and 98 kilograms on 14-8-65 and one bale of Mill made cotton cloth on 28-8-65 weighing one quintal 38 kilograms from the plaintiff on board the vessel 'Perim' for carriage to Silchar in Assam and issued invoices No. 1529R Rt. No. 21, No. 1587 R.Rt. No. 14 and 2091 R.Rt No. 21 and the forwarding notes Nos. 782 dated 13-8-65, 676 dated 14-8-65 and 445 dated 28-8-65 in respect of the same goods an...
L.N. Birla Vs. Commissioner of Wealth-tax
Court: Kolkata
Decided on: Aug-22-1986
Reported in: (1987)59CTR(Cal)23,[1987]168ITR86(Cal)
Dipak Kumar Sen, J.1. L. N. Birla, the assessee, was assessed to wealth-tax in the assessment years 1972-73, 1973-74 and 1974-75, the valuation dates being 31st of March of the calendar years 1972, 1973 and 1974. The assessee was a partner of a firm named M/s. Kumaon Orchards. The assessee had l/5th share in the said firm. The firm owned agricultural lands. In his return of net wealth, the assessee claimed exemption under Section 5(1)(iva) of the Wealth-tax Act, 1957, in respect of his share of the agricultural land of the firm. The Wealth-tax Officer disallowed the claim of the assessee on the ground that the asset to be included in the assessee's net wealth was 1/5th share of the interest of the assessee in the said firm and not the land as such.2. Being aggrieved, the assessee preferred an appeal against the assessments before the Appellate Assistant Commissioner of Wealth-tax. The Appellate Assistant Commissioner held that in determining the net wealth of the firm, exemption under ...
Commissioner of Income-tax Vs. Babcock and Wilcox of (i.) Ltd.
Court: Kolkata
Decided on: Aug-21-1986
Reported in: [1989]175ITR511(Cal)
Dipak Kumar Sen, J. 1. It is on record that an order of rectification passed by the Income-tax Officer under Section 154 of the Income-tax Act, 1961, was cancelled by the Commissioner of Income-tax (Appeals). Theorder of the Commissioner of Income-tax (Appeals) was sustained by the Tribunal on further appeal by the Revenue. Under the order of rectification, the income-tax Officer had added interest under Section 139(8) in computing the total tax. The assessee had also preferred an appeal before the Commissioner (Appeals) against the levy of interest. 2. The assessee preferred a cross-objection before the Income-tax Appellate Tribunal contending, inter alia, that the assessee's grievance against charging of interest under Section 139(8) of the Income-tax Act, 1961, had not been dealt with by the Commissioner (Appeals). The Tribunal allowed the appeal of the assessee for statistical purposes and restored the matter to the Commissioner (Appeals) on a limited issue directing the Commission...
Commissioner of Income Tax Vs. Babcock and Wilcox (i) Ltd.
Court: Kolkata
Decided on: Aug-21-1986
Reported in: (1986)57CTR(Cal)289
Dipak Kumar Sen, J. - It is on record that an order of rectification passed by the ITO under s. 154 of the IT Act, 1961 was cancelled by the CIT (Appeals). The order of the CIT (Appeals) was sustained by the Tribunal on a further appeal by the revenue. Under the order of rectification the ITO had added interest under s. 139(8) in computing the total income. The assessee had also preferred an appeal before the Commissioner (Appeals) against the levy of interest.2. The assessee preferred a cross-objection before the Income-tax Appellate Tribunal contending inter alia that the assessees grievance against charging of interest under s. 139(8) of the IT Act, 1961 had not been dealt with by the AAC. The Tribunal allowed the appeal of the assessee for statistical purposes and restored the matter to the CIT (Appeals) on the limited issue directing the Commissioner to deal with the grievance of the assessee against charging of interest.3. In this application under s. 256(2) of the IT Act, 1961 t...
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