Kolkata Court June 1988 Judgments
Commissioner of Income-tax Vs. Binani Metal Works Ltd.
Court: Kolkata
Decided on: Jun-28-1988
Reported in: [1989]175ITR182(Cal)
Ajit K. Sengupta, J. 1. At the instance of the Commissioner of Income-tax, West Bengal-III, two questions of law have been referred to this court under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1972-73 :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the liability of the assessee to pay gratuity to its employees, though at a future point of time, on the happening of any of the contingencies specified in the West Bengal Employees' (Payment of Compulsory Gratuity) Act, 1971, was allowable as deduction in the computation of the assessee's business income of the previous year relevant to the assessment year 1972-73, in which previous year the said Act came into force, if such liability was ascertained, according to actuarial principles, though with reference to the entire length of service of the employees and that deduction of such liability would not amount to liability of earlier years being charged to th...
Tag this Judgment!Clive Buildings (Calcutta) Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jun-28-1988
Reported in: [1989]175ITR515(Cal)
Ajit K. Sengupta, J. 1. In this reference under Section 256(1) of the Income-tax Act, 1961, the following questions of law have been referred at the instance of the assessee :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the assessee was not entitled to thededuction of Rs. 46,867 being the interest on debenture loans under Section 24(1) of the Income-tax Act, 1961, in the computation of the asses-see's income from house property ? 2. Whether, on the facts and in the circumstances of the case and on a correct interpretation of the first proviso to Section 23(1) of the Income-tax Act, 1961, the Tribunal was correct in holding that the deduction on account of municipal tax was allowable only to the extent of Rs. 1,20,909 as claimed by the assessee ?' 2. The facts relating to the first question are that the assessee owns a house property and derives income by way of rent and service charges from the tenants. In the assessment for t...
Tag this Judgment!Tanwir Eqbal and ors. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jun-24-1988
Reported in: AIR1989Cal139,(1989)1CALLT129(HC)
ORDERKhawaja Mahammad Yusuf, J.1. The writ petitioners are having the second round in the Hon'ble High Court. A writ petition with identical facts was moved in 1979 and thereafter the Trial Court's decision was challenged before the Division Bench in 1982. The Division Bench made certain direction and on the basis of that direction an order was passed on 14th Feb., 1984 which is under challenge in the instant writ application.2. The facts of the writ application, in short, are as under : The predecessor-in-interest of the present petitioners, i.e. Shaikh Gulam Rasul Qais, purchased from one Mussammat Khadija Bi the premises No. 6, Harinbari 1st Lane, Calcutta, by a registered Deed of Sale dt. 1st Sept., 1969 for valuable consideration mentioned therein. After purchasing the said premises Qais mutated his name in the Corporation of Calcutta and paid taxes and was in peaceful possession and enjoyed the usufructs thereof. The said Qais died on 17th Jan., 1977 leaving behind the petitioner...
Tag this Judgment!Rishi Exports Vs. Collector of Customs
Court: Kolkata
Decided on: Jun-24-1988
Reported in: 1988(17)ECC310,1988(37)ELT7(Cal)
ORDERThe Importation of the polyester lining with viscose flock worth Rs. 3,95,517.47 OF without proper licence is prohibited under Section 11 of the CA read with Section 3 of the Imports & Exports (Control) Act, 1947 (as amended) and Govt. of India, Ministry of Commerce and Industry's Order No. 17/55 dt. 7.12.55.1 accordingly confiscate the goods under Section 111(d) and 111(m) of the GA' 62. In lieu of confiscation the importers are, however, given the option under Section 125 ibid to clear the goods on payment of fine of Rs. 3,00,000/- (Rupees three lakhs) within one month from the date hereof and on payment of duty leviable.I also impose a personal penalty of Rs. 5,000/- (Rupees five thousand) only under Section 112 of GA'62 which should be paid forthwith'. (Emphasis Supplied)27. Thus it will be evident that the Collector of Customs held that the importation of PVC Leather Lining was in order. The order of confiscation was confined to Rock Cotton Lining and the petitioners were giv...
Tag this Judgment!Commissioner of Income-tax Vs. Hazaribagh Coal Syndicate Private Ltd.
Court: Kolkata
Decided on: Jun-21-1988
Reported in: [1989]177ITR135(Cal)
Ajit K. Sengupta, J.1. At the instance of the Commissioner of Income-tax, West Bengal-III, the following two questions of law have been referred to this court under Section 256(2) of the Income-tax Act, 1961, for the assessment year 1969-70 :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal ignored relevant materials and relied on irrelevant materials in holding that the assessee had followed any regular method of accounting in respect of the expenses incurred on account of stowing and fire protection and whether such finding was otherwise unreasonable or perverse ? (2) If the answer to question No. (1) is in the affirmative, then, whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the expenses which were not actually incurred during the previous year relevant to the assessment year 1969-70 should be allowed to be deducted in computing the profits and gains of business assessable for the said assessment yea...
Tag this Judgment!Sm. Mita Gupta Vs. Prabir Kumar Gupta
Court: Kolkata
Decided on: Jun-20-1988
Reported in: AIR1989Cal248,93CWN50
A. M. Bhattacharjee, J. 1. A petition for divorce under the Hindu Marriage Act was filed by the respondent-husband on the ground of cruelty and desertion by the wife-appellant and also on the ground of non- restitution of conjugal rights for more than one year after the passing of a decree to that effect between the parties. The trial court has negatived the first two grounds but has decreed divorce on the third ground.2. Even though the grounds of cruelty and desertion alleged by the respondent-husband have been decided against him, the petition for divorce filed by him having been decreed in his favour, the husband, even as a respondent, could, as provided in Order 41, Rule 22 of the Code of Civil Procedure, have urged, and that without filing any cross-objection, that the petition for divorce ought to have been decreed on those two grounds also. But the learned counsel appearing for the respondent-husband not having done that, the only question that would require our consideration i...
Tag this Judgment!Orient Longman Ltd. Vs. Jayati Laila Kabir and ors.
Court: Kolkata
Decided on: Jun-13-1988
Reported in: AIR1988Cal410
Monoj Kumar Mukherjee, J.1. This appeal is directed against the judgment and order dated February 24, 1988 passed by a learned Judge of this Court disposing of a petition under Article 226 of the Constitution of India. Undisputed facts leading to the filing of the appeal are as under.2. The Late Moulana Abdul Kalam Azad, the great freedom fighter and Statesman, had during his lifetime dictated notes of his varied experiences to Professor Humayun Kabir, the eminent educationist, as to show how India had attained freedom and the part played by him and other leaders in the struggle for freedom. On the basis of the above notes Prof. Kabir composed a book which was approved by Moulana Azad. He (Moulana Azad) however felt that some thirty pages of the book dealing with incidents and reflections of a personal character should not be published for the time being. He therefore directed that a copy each of the completed text should be deposited under sealed cover in the National Archives, New De...
Tag this Judgment!Commissioner of Income-tax Vs. Shriram Bearing Ltd.
Court: Kolkata
Decided on: Jun-13-1988
Reported in: [1989]178ITR684(Cal)
Ajit Kumar Sengupta, J. 1. At the instance of the Commissioner of Income-tax and the assessee, the following questions of law have been referred to this court under Section 256(1) of the Income-tax Act, 1961 :'Whether, on the facts and in the circumstances of the case and on a correct interpretation of the relevant provisions of the Income-tax Act, 1961, the Tribunal was correct in law in holding that setting off of the brought forward losses of the earlier years against the business profit of the current year under Section 72 of the Income-tax Act, 1961, was not a part of the process of computation of total income and that the deduction under Section 80-I of the said Act should be allowed to the assessee in respect of the profits of its priority industry with reference to its total income and gross total income, as they stood before the brought forward losses of the earlier years were set off against the positive profit of the current year under Section 72 of the Act ?'2. Another ques...
Tag this Judgment!Commissioner of Income-tax Vs. North Brook Jute Co. Ltd.
Court: Kolkata
Decided on: Jun-13-1988
Reported in: [1989]176ITR152(Cal)
Ajit Kumar Sengupta, J.1. At the instance of the Commissioner of Income-tax, West Bengal, the following questions of law have been referred to this court under Section 256(1) of the Income-tax Act, 1961 :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the reassessment made by the Income-tax Officer was invalid and illegal ? (2) Whether, on the facts arid in the circumstances of the case, reopening of the assessment was valid and legal under Section 147(b) of the Income-tax Act, 1961, if not under Section 147(a) of the said Act ? (3) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that a sum of Rs. 1,10,100 paid by the asses-see for the purchase of loom hours was a revenue expenditure deductible in the computation of its business income ?' 2. Having regard to the principles laid down by the Supreme Court, the assessee is entitled to succeed on merits. In that view of the matter, it is n...
Tag this Judgment!Commissioner of Income-tax Vs. Bengal Card Board Industries and Printe ...
Court: Kolkata
Decided on: Jun-13-1988
Reported in: (1989)76CTR(Cal)171,[1989]176ITR193(Cal)
Ajit K. Sengupta, J. 1. At the instance of the Commissioner of Income-tax, the following question of law has been referred to this court under Section 256(1) of the Income-tax Act, 1961 : 'Whether, on the facts and in the circumstances of the case, the appeal filed by the assessee before the Appellate Assistant Commissioner on October 9, 1975, for the assessment year 1974-75, would not come within the purview of Sub-section (4) of Section 249 of the Income-tax Act, 1961, which was inserted by the Taxation Laws (Amendment) Act, 1975, with effect from October 1, 1975 ?' 2. The facts relating to this reference are shortly stated hereafter :For the year under reference, the assessment was framed by the Income-tax Officer under Section 143(3) of the Act on July 31, 1975. Against the said order of the Income-tax Officer, the assessee preferred an appeal to the Appellate Assistant Commissioner on October 9, 1975. Meanwhile, Sub-section (4) was inserted in Section 249 of the Act by Section 59 ...
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