Kolkata Court August 1986 Judgments
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Techno Electric and Engg. Co. Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Aug-08-1986
Reported in: (1986)19ITD421(Kol.)
1. The ITO after completing the original assessment on 30-6-1977 for the assessment year 1975-76, reopened the proceedings under Section 147 of the Income-tax Act, 1961 ('the Act')-In that reassessment proceedings the assessee made claim of deduction of Rs. 15,543 which could not be made in the original assessment proceedings for the year 1975-76 since it was initially made in the assessment year 1976-77.According to the assessee it was denied the claim of deduction in the assessment year 1976-77 on the ground that it was allowable in the assessment year 1975-76, the ITO had since reopened the proceedings for the assessment year 1975-76 for reassessment it got an opportunity to make the claim of deduction in the assessment year 1975-76, but the ITO did not consider the same.2. The Commissioner (Appeals) dismissed the appeal of the assessee. He observed that the reassessment proceedings under Section 147(a) were initiated by the ITO on the ground that the profit arising out of sale of ...
Commissioner of Income-tax Vs. United Provinces Electric Supply Co. Lt ...
Court: Kolkata
Decided on: Aug-08-1986
Reported in: [1987]166ITR565(Cal)
Dipak Kumar Sen, J. 1. The United Provinces Electric Supply Co. Ltd. (in voluntary liquidation), the assessee, used to carry on business in generation and supply of electricity at Allahabad and Lucknow under two licences, issued under the Indian Electricity Act, 1910, both dated January 1, 1914, for a period of 50 years.2. On the expiry of the said licences, the Government of Uttar Pradesh exercised its rights under the Indian Electricity Act, 1910, and took over the said undertakings of the assessee at Allahabad and Lucknow on purchase with effect from September 17, 1964, and the said undertakings vested in the Uttar Pradesh State Electricity Board, hereinafter referred to as 'the Board'. Under Section 7A of the Indian Electricity Act, the assessee became entitled to payment of compensation for the compulsory purchase of the said undertakings.3. The U. P. State Electricity Board paid to the assessee Rs. 62,60,668 and Rs. 41,35,008, respectively, and also made certain adjustments of th...
Sankar Bhattacharjee Vs. Bholonath Ghosh
Court: Kolkata
Decided on: Aug-08-1986
Reported in: 91CWN282,(1995)IIILLJ495Cal
Monoranjan Mallick, J. 1. This is an appeal against an order of acquittal passed by Sri S.N Banerjee, learned City Sessions Judge, Calcutta dated December 8, 1984 by which the order of conviction and sentence passed on the respondent under Section 85(g) of the Employees' State Insurance Act has been set aside and the respondent No. 1 has been acquitted of the offences. 2. Facts are briefly as follows 3. The accused respondent No. 1 along with T.P. Ghosh and Amiyabala Ghosh, since deceased, were the partners of M/s. The Star Printing Works having its factory at No. 30, Shibnarayan Das Lane, Calcutta and, as such, the principal employers as defined in Section 2(17) of the Employees' State Insurance Act as the partners of the firm they were Covered under the Employees State Insurance Act and the code number was allotted to it was being numbered 41-2080 and as principal employers they were liable under Section 40 of the act to pay both the employers and employees shares of contribution in ...
Mrinalini Properties and Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Aug-07-1986
Reported in: (1986)19ITD717(Kol.)
1. This appeal has been filed by the assessee against the order dated 30-3-1985 of the Commissioner (Appeals) relating to the assessment year 1982-83.2. The assessee is a limited company deriving income from house properties and business. It may be stated that the assessee was deriving income by way of rent as well as service charges in respect of the properties let out by it. We are told that in an earlier year the Tribunal had held that the service charges could be estimated at one-fourth of the gross rentals received by the assessee and that such service charges were not liable to be taxed under the head 'Income from house property', but under the head 'Profits and gains of business or profession'. This fact is borne out by the Annexures A and D to the assessment order passed by the ITO wherein he has taken away one-fourth of the gross rentals from the head 'Income from house property' to the head 'Profits and gains of business or profession'.3. The only ground pressed in this appe...
Commissioner of Income-tax Vs. Ruby General Insurance Co.
Court: Kolkata
Decided on: Aug-07-1986
Reported in: [1988]172ITR337(Cal)
Dipak Kumar Sen, J.1. Ruby General Insurance Company, the assessee, was assessed to income-tax for the assessment year 1967-68, the relevant accounting period ending on December 31, 1966. During the accounting year, the claims of the policyholders of the assessee in Burma to the extent of Rs. 50,000 became time-barred. The assessee adjusted the Said Rs. 50,000 to its revenue account for the year 1960 in its Rangoon branch and thereafter, after deducting the expenses in respect of the policies to the extent of Rs. 3,297, the balance Rs. 46,703 was written off in the account of the assessee as there was no certainty of remittance of any surplus from Rangoon to India. In the income-tax assessment, the Income-tax Officer held that the same could not be written off as a loss and, in any event, the loss, if any, would only be aloss of capital. The assessment was completed accordingly.2. Being aggrieved, the assessee preferred an appeal before the Appellate Assistant Commissioner. The Appella...
Commissioner of Gift-tax Vs. Purushottam Lira Raja (Legal Representati ...
Court: Kolkata
Decided on: Aug-07-1986
Reported in: [1987]166ITR525(Cal)
Dipak Kumar Sen, J.1. Lira Raja of Calcutta, since deceased and now represented by Purushottam Lira Raja, his legal representative, the assessee, during his lifetime made a gift of Rs. 1 lakh to Purushottam L. Raja and others, trustees of Lira Raja Sahayak Trust by a cheque dated August 27, . 1963. The said trust was also created on the same day, that is August 27, 1963.2. Proceedings under the Gift-tax Act, 1958, were initiated against Lira Raja, the assessee. In the proceedings, the assessee contended that as Lira Raja Sahayak Trust was a charitable trust whose income was exempt from income-tax under Section 11 of the Income-tax Act, 1961, the gift made to the said trust was exempt from gift-tax under Section 5(1)(v) of the Gift-tax Act. The Gift-tax Officer did not accept the contention of the assessee and held that the gift was made first and the trust fund was created subsequently out of the gift and, therefore, the assessee was not entitled to the exemption claimed. He held that ...
imperial Chemical Industries Vs. Inspecting Assistant
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Aug-06-1986
Reported in: (1986)19ITD275(Kol.)
1. These five appeals filed by the same assessee raise a common point for decision. Hence, they are heard together and disposed of by this common order for the sake of convenience.2. The assessee, Imperial Chemical Industries Ltd., London, is a nonresident company having its head office in the United Kingdom. In these appeals we are concerned with the assessment years 1968-69 to 1972-73, both inclusive. The assessee follows the year ended 31st March as its previous year in respect of dividend income and the year ended 31st December as its previous year for other income. The other income returned by the assessee comprised of interest, royalty and technical fees assessable under the head 'Income from other sources'.3. The assessments for the five years under consideration were completed under Section 143(3) of the Income-tax Act, 1961 ('the Act') on different dates on the basis of the returns filed by the assessee.Subsequently, these assessments were reopened under Section 147(a) of the...
Bengal Hire Purchase Corporation Vs. Harendra Singh and ors.
Court: Kolkata
Decided on: Aug-06-1986
Reported in: AIR1987Cal219
Pratibha Bonnerjea, J.1. The present application has been taken out by the petitioner for setting aside the award dated 16-11-82. The notice under Section 14(2) of the Arbitration Act was received by the petitioner on 28-1-83. The notice of motion of this application was taken out on 28-2-83.2. The disputes arose out of a hire purchase agreement dated 17th Feb. 1982 and the said disputes were decided by the Arbitrator in terms of the arbitration agreement between the parties dated 17th Feb. 1982 resulting in the present award.3. The petitioner, during the pendency of the reference, had taken out an application under Section 33 of the Arbitration Act being Matter No. 930 of 1982 for a declaration that there was no valid arbitration agreement between the parties as he had not signed any alleged arbitration agreement. That matter was set down for trial on evidence and after a long hearing the said matter was disposed of by me on 16-7-85 holding that the petitioner and the guarantors in th...
Commissioner of Income-tax Vs. North West Coal Ltd.
Court: Kolkata
Decided on: Aug-06-1986
Reported in: [1987]167ITR419(Cal)
Dipak Kumar Sen, J. 1. North West Coal Co. Ltd., the assessee, owned and ran a colliery known as Ena Colliery. The assessee appointed M/s. B.P. Agarwalla & Sons (P) Ltd, as its contractors to raise coal and manufacture coke at the said colliery. At the material time, the contractors were working under the assessee under an agreement dated March 1, 1968, under which machinery, plant, tramways, coal tubs, etc., of the assessee at the colliery were placed at the disposal of the contractors for use during the period of the contract. The said agreement further provided that the contractors would pay the assessee for wear and tear of machinery, plant etc. The relevant Clause read as follows : ' To cover wear and tear you will pay us annually an amount equal to the amount allowed as ordinary depreciation on such recorded machinery, plant, buildings, tramways etc., on their respective written down values as shall be allowed to us by the income-tax authorities under Section 10(2)(vi) subject to...
Commissioner of Income-tax Vs. West Bengal State Electricity Board (fo ...
Court: Kolkata
Decided on: Aug-05-1986
Reported in: [1987]166ITR507(Cal)
Dipak Kumar Sen, J.1. K. Okumo, the assessee, a Japanese national who was an engineer in the employment of Fuji Electric Co. Ltd. of Japan, came to India initially on February 13, 1971, to supervise an electricity project at Jaldhaka in West Bengal set up by the West Bengal State Electricity Board, hereafter referred to as the Board. He left India on September 13, 1971. The assessee again came to India on May 30, 1972, for work in the same project and finally left India on November 4, 1972. The Government of India approved the services of the assessee for the purpose of exemption from income-tax under Section 10(6)(vii) of the Income-tax Act, 1961.2. In the assessment year 1973-74, the accounting period ending on March 31, 1973, the assessee was assessed to income-tax. The Income-tax Officer found that under the order of the Government of India dated April 19, 1973, whereby the services of the assessee from June 30, 1972 to October 29, 1972, were approved under Section 10(6)(vii) would...
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