Kolkata Court November 1987 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.
Swastika Enterprises and anr. Vs. the Board of Trustees for the Port o ...
Court: Kolkata
Decided on: Nov-13-1987
Reported in: AIR1988Cal204
Dipak Kumar Sen, Acting C.J. 1. The material facts and proceedings leading up to this appeal are, inter alia, that the authorities constituting the Calcutta Port Trust in exercise of their powers under Section 64 of the Major Port Trust Act, 1963 proceeded to distrain and sell a sea going vessel named 'M.V. VAL1PERO' belonging to the respondent No. 4 herein to recover rates and charges claimed to he due to the Calcutta Port on account the said vessel- No rules have been framed laying down the procedure of sales as are effected under Section 64 of the said Act of 1963. 2. On the 19th Feb. 1987, advertisements were published in the name of the Chairman, Board of Trustees for the Port of Calcutta, the respondent No. 2 herein inviting tenders from prospective purchasers. It was stated that the tenderers would have to deposit a sum of Rs. 2 lakhs with the Treasurer in cash or bank draft by way of earnest, that the tenders would be received by the Director, Marine Department, Calcutta Port T...
income-tax Officer Vs. Heilgers Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Nov-12-1987
Reported in: (1988)25ITD71(Kol.)
1. This appeal by the department raising the following two grounds is directed against the CIT(A)'s order pertaining to the assessment year 1981-82 : 1. That, on the facts and in the circumstances of the case, the learned Commissioner of Income-tax (Appeals), erred in holding that as per facts brought on records the assessee-company was correct in writing off the debt amounting to Rs. 9,73,772 due from Kumardhubi Engg. Works Ltd. and thereby deleting the disallowance of the same from the assessment. 2. That, on the facts and in the circumstances of the case, the learned Commissioner of Income-tax (Appeals), erred in holding that the Income-tax Officer was not justified in taking the interest of Rs. 1,68,895 as income of the assessee and thereby deleting the same from the assessment.2. The facts pertaining to the first ground in brief are that both the assessee and the debtor-company, vis., M/s Kumardhubi Engineering Works Ltd. (in short, the KEW) are managed by the same group of peopl...
Apeejay Education Trust Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Nov-12-1987
Reported in: (1988)26ITD160(Kol.)
1. This appeal filed by the assessee is directed against the order dated 18-3-1986 passed by the Commissioner of Income-tax (Appeals).2. The assessee is a trust registered under Section 12 of the Income-tax Act, 1961. The assessment year involved is 1980-81 for which the accounting year ended on 30-9-1979. The assessee-trust runs a school which is not recognised by the Board of Secondary Education.Before the Income-tax Officer, the assessee claimed exemption under Section 10(22) of the Income-tax Act, 1961 in respect of the income of the school run by it. The Income-tax Officer examined the objects of the trust as enumerated in Clause 6 of the trust deed dated 4th May, 1977 and came to the conclusion that the activities of the assessee-trust are not confined to the school it runs. He was, therefore, of the view that the trust cannot be called university or educational institution and that it was not entitled to exemption under Section 10(22).3. The assessee appealed to the Commissione...
income-tax Officer Vs. Bihariji Mills Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Nov-11-1987
Reported in: (1988)25ITD61(Kol.)
1. This appeal has been filed by the Department against the order dated 5-9-1986 of the CIT(A) relating to the assessment year 1983-84.2. The assessee is a limited company deriving income from business in running a flour mill. The only dispute in this appeal relates to the assessee's claim for Rs. 1,70,595 as deduction while computing the assessee's business income. The assessee-company was a licensee of the Food Corporation of India. It is obliged to purchase wheat at the price fixed by the Government under the Wheat Roller Flour Mills (Licensing and Control) Order, 1957 which was made under Section 3 of the Essential Commodities Act. The purchase price of wheat was originally fixed at Rs. 155 per quintal. By a letter dated 27-7-1982, the purchase price of wheat was increased from Rs. 155 to Rs. 185 per quintal with effect from 1-8-1982. In pursuance of the said upward revision of the purchase price of wheat the assessee was asked to pay the price difference of Rs. 30 per quintal on ...
A.R. Abu Baker Vs. Wealth-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Nov-09-1987
Reported in: (1988)26ITD464(Kol.)
1. As all these appeals filed by the assessee are directed against the consolidated order dated 10-3-1987 passed by the CWT under Section 25(2) and give rise to common issues, they were heard together and for the sake of convenience, are being disposed of by this single order.2. Wealth-tax assessments for the assessment years 1966-67 to 1975-76, 1980-81 and 1981-82 were all completed by the WTO on 15-3-1985. On examination of the assessment records, the CWT found that the assessments were completed without making such enquiries as were necessa,ry for making assessments and without disallowing the inherited liabilities including the disputed tax liabilities of the deceased father of the assessee (investigation, commission and demand) which were sub judice before the High Court.3. The assessee inherited on the death of his father on 10-6-1965 a number of immovable properties mostly situated within the metropolitan city of Calcutta. Long after the death of his father, on 31-12-1975 the a...
Gupta Biscuits (P) Ltd. Vs. United Commercial Bank and anr.
Court: Kolkata
Decided on: Nov-04-1987
Reported in: AIR1988Cal265,[1989]66CompCas913(Cal),92CWN618
M.N. Roy, J.1. This appeal from original order is directed against the judgment and order dated 16th January 1987, passed by a learned single Judge in CO. No. 15186 (W) of 1986. By such determinations, the application which was moved and on the basis whereof the concerned Civil Order was issued, was dismissed, holding inter alia amongst others that in the facts and circumstances of the case, the parties should file a suit to establish their rights.2. The appellant M/s. Gupta Biscuits (P) Ltd. is an existing Private Limited Company registered under the Companies Act, 1956 and has its Registered Office at N.S. Road, Asansol, Burdwan and the factory is situated at Karangapara Road, Durgapur, Burdwan. It was the case of the appellant that it was engaged in manufacturing and selling of biscuits of various types, and for the convenience of operation and for carrying on the day to day monetary affairs, a Current Account with the United Commercial Bank, Asansol was opened. It has also been sta...
income-tax Officer Vs. Mohun Bagan Athletic Club
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Nov-02-1987
Reported in: (1988)25ITD98(Kol.)
1. The assessee is an Athletic Club. It organised an exhibition football match in Calcutta with Cosmos Club of New York on 24-9-1977.In the statement of accounts for the year ending 30-9-1977 it disclosed separately in an account styled "New York Cosmos Club Exhibition Match" net surplus of Rs. 5,29,832,37. There is an auditor's note which reads, inter alia, as follows : Following to the past practice and as per resolution of the Executive Committee separate accounts were prepared for the said tour.The ITO brought to tax the aforesaid sum of Rs. 5,29,832 in the hands of the assessee-club by following his order for the assessment year 1977-78. The CIT (Appeals) deleted the said sum, as he found that by a special resolution the Executive Committee of the assessee-club resolved to utilise the surplus money realised from the exhibition match for "distribution to Distressed Players' Benevolent Fund and to other Charitable Institutions" and that no part of the surplus funds were to be added...