Kolkata Court June 1988 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.
Commissioner of Income-tax Vs. Hindustan Motors Ltd.
Court: Kolkata
Decided on: Jun-13-1988
Reported in: (1989)77CTR(Cal)122,[1989]175ITR411(Cal)
Ajit K. Sengupta, J.1. At the instance of the Commissioner of Income-tax, Central I, Calcutta, several questions of law have been referred to this court under Section 256(1) of the Income-tax Act, 1961, for the assessment years 1971-72, 1972-73 and 1973-74.2. For the aforesaid three years, the following common question of law has been referred to this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the payment of pension to Smt. Ginni Devi Churiwal and to Sri Mahadeo Maharaj by the assessee-company was an admissible business expenditure under Section 37(1) of the Income-tax Act, 1961 ?'3. The facts relating to this question are stated hereafter :The assessee-company is a manufacturer and dealer in motor cars, trucks, flanges, steel sheet castings, spare parts and also scrap. For each of the three assessment years, the assessee claimed expenditure on account of payment of pension to Smt. Ginni Devi Churiwal, wife of an employee,...
Smt. Pratima Roy Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jun-13-1988
Reported in: [1989]175ITR107(Cal)
Ajit Kumar Sengupta, J.1. At the instance of the assessee, the following questions of taw have been referred to this court under Section 256(1) of the Income-tax Act, 1961, for the assessment years 1970-71 and 1971-72.'1. Whether, on the facts and in the circumstances of the case, the finding of the Tribunal that the leases dated March 11, 1968 in favour of Peekay Management were facade and not genuine is vitiated by reason of its failure to consider the relevant and material fact on record and is based upon incorrect material and as such is perverse ? 2. Whether, on the facts and in the circumstances of the case, in determining the rea! annual value under Section 22 read with Section 23 of the Income-tax Act, 1961, the rent actually received by the assessee should have been taken into account and not the alleged rent which the properties might have fetched ? 3. Whether, on the facts and in the circumstances of the case, the conclusion of the Tribunal that Peekay Management is not the ...
Commissioner of Income-tax Vs. Lansdowne Jute Co. Ltd.
Court: Kolkata
Decided on: Jun-13-1988
Reported in: [1989]175ITR110(Cal)
Ajit K. Sengupta, J.1. At the instance of the Commissioner of Income-tax, 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 1959-60 :1. 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the reassessment proceedings under Section 147(b) of the Income-tax Act, 1961, were infructuous and invalid ?2. Whether, on the facts and in the circumstances of the case, the sum of Rs. 2,21,331 paid by the assessee for purchase of loom hours was a revenue expenditure deductible in the computation of the assessee's business income ?'2. The facts of the case are that the assessee-company, Lansdowne Jute Company Ltd., was originally assessed to income-tax for the assessment year 1959-60. Later on, the Income-tax Officer believed that the assessee had wrongly claimed and been wrongly allowed depreciation and extra shift allowance on the entire complement of the loom...
Commissioner of Income-tax Vs. Assam Frontier Tea Co. Ltd.
Court: Kolkata
Decided on: Jun-13-1988
Reported in: [1989]175ITR153(Cal)
Ajit Kumar Sengupta, J.1. Identical questions came up for consideration before this court under Section 256(2) of the Income-tax Act, 1961. It is stated by learned advocate for the petitioner that the said application was rejected. Learned advocate however wanted to distinguish this case relying on a decision of the Bombay High Court in the case of Richardson and Cruddas Ltd. v. CIT : [1986]162ITR753(Bom) , where the Bombay High Court held that the excess in the profit and loss account was not includible in the capital base under the Super Profits Tax Act, 1963. In this case, the Surtax Officer proceeded to include the surplus profit under Section 13 of the Companies (Profits) Surtax Act, 1964, which was affirmed by the Commissioner of Income-tax (Appeals). The Tribunal held that the question whether retained profit is includible or not is a debatable one and, therefore, it could not be a case of mistake, much less, apparent from the record. The Tribunal also held, on merits, following...
Commissioner of Income-tax Vs. Bengal Jute Mills Co. Ltd.
Court: Kolkata
Decided on: Jun-13-1988
Reported in: (1988)72CTR(Cal)177,[1988]174ITR402(Cal),[1988]41TAXMAN122(Cal)
AJIT K. SENGUPTA J. - At the instance of the Commissioner of Income-tax, the following questions of law have been referred to this court under section 256(2) of the Income-tax Act, 1961, for the assessment year 1974-75 :'1. Whether, on the facts and in the circumstances of the case, the Tribunal is right in holding that the penalty order passed by the Inspecting Assistant Commissioner cannot be sustained on the sole ground that the Tribunal has deleted the addition of Rs. 4 lakhs made by the Income-tax Officer in the quantum appeal, which order has not been accepted by the Department ?2. Whether, on the facts and in the circumstances of the case, the Tribunal is right in cancelling the order of penalty passed by the Inspecting Assistant Commissioner under section 271(1)(c) of the Income-tax Act, 1961 ?'The facts, shortly, are that the assessee was carrying on the business of purchasing raw jute from East Pakistan and manufacturing and selling of jute goods, and it had purchased jute wo...
Apurba Mohan Ghosh Vs. Manashi Ghosh
Court: Kolkata
Decided on: Jun-10-1988
Reported in: AIR1989Cal115,93CWN79,I(1990)DMC145
A.M. Bhattacharjee, J. 1. Theappellant-husband petitioned against the wife-respondent in court below for dissolution of the marriage on the ground of her alleged mental disorder and the petition having been dismissed, the husband has preferred this appeal to this Court. But both the parties have now filed a joint-petition before us praying that the marriage between them may be dissolved by a decree of divorce on compromise on the terms and conditions contained therein. The question that has accordingly arisen for our consideration is whether such a course is permissible under the provisions of the Hindu Marriage Act, 1955.2. Under Section 21 of the Hindu Marriage Act, ''all proceedings under this Act shall be regulated, as far as may be, by the Civil P.C.',which would accordingly include Order 23, Rule 3 of the Code, providing for compromise of suit. But as indicated in Section 21 itself in its opening words, the Civil P.C. would apply 'subject to the other provisions contained in this...
Star Rolling Mills (P.) Ltd. Vs. Commissioner of Income-tax.
Court: Kolkata
Decided on: Jun-08-1988
Reported in: (1988)74CTR(Cal)68,[1988]174ITR396(Cal)
AJIT KUMAR SENGUPTA J. - At the instance of the assessee, the following question of law has been referred to this court under section 256 (2) of the Income-tax Act, 1961.'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding the order under section 263 passed by the Commissioner of Income-tax for the assessment year 1974-75 as correct ?'The facts admitted and/or found by the Appellate Tribunal and incorporated in the statement of case are stated hereafter :The assessee is a private limited company. By the assessment order dated July 28, 1977, for the assessment year 1974-75, the Income-tax Officer determined the assessees total income at Rs. 18,322. Subsequently, by the rectification order dated January 16, 1978, under section 154 of the Act, the Income-tax Officer allowed the assessee the benefit of deduction of business losses of Rs. 18,322 pertaining to the assessment years 1968-69, 1971-72 and 1972-73. Thus, the total income was reduced t...
Subarna Plantation and Trading Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jun-07-1988
Reported in: (1989)28ITD177(Kol.)
1. These five appeals filed by the same assessee are taken together and disposed of by this consolidated order for the sake of convenience.2. The appeals are directed against the charging of interest under Section 201(1A) of the Income-tax Act, 1961. The assessee-company deducted tax amounting to Rs. 1,345, Rs. 12,950, Rs. 4,610, Rs. 9,071 and Rs. 13,945 on various dates during the assessment years 1979-80, 1980-81, 1981-82, 1982-83 and 1983-84 respectively. The amounts so deducted were not paid by the assessee till 1-2-1985 to the credit of the Central Government. Therefore, the Income-tax Officer passed orders under Section 20K1A) for the respective years and charged interest @ 12 per cent from 30-9-1984 and thereafter @ 15 per cent till 31-1-1985 at Rs. 1,156, Rs. 9,582, Rs. 2,858, Rs. 4,518 and Rs. 4,526 for the respective years.3. Being aggrieved, the assessee came up in appeal before the Commissioner of Income-tax (Appeals) and contended that the amounts payable to the Governmen...
Union of India (Uoi) Vs. Hanuman Prasad Agarwalla
Court: Kolkata
Decided on: Jun-07-1988
Reported in: II(1989)ACC584,AIR1989Cal207
L.M. Ghosh, J.1. On the 3rd of May,1967, at about 8.30 A.M., the plaintiff's truckbearing No. WGV 3514 was involved in anaccident when it collided with a passengertrain on the level crossing in betweenBinnaguri Railway Station and DalgaonRailway Station. It is not disputed that thelevel crossing where the accident took placewas unmanned at the relevant time. Theplaintiff accuses that the defendant-RailwayAdministration was entirely responsible forthe said accident, because it did not take anymeasure to man the level crossing and also atthe material time, there was no whistling orother warning. It is alleged that the plaintiffacquired the vehicle in question for aconsiderable amount, Rs. 38,295/-. Besides,in the first year, he had to pay Rs. 2,453.90 p.as insurance charge. According to the plaintiff,recently the Railway Administration raisedsome structures near the level crossing, thusobstructing the views along the railway track.Also it is stated by the plaintiff, the obstructionof vis...
Eastern Spinning Mills and Industries Limited and anr. Vs. Union of In ...
Court: Kolkata
Decided on: Jun-07-1988
Reported in: (1988)2CALLT334(HC),1989(19)ECC162
Baboo Lall Jain, J.1. This is an application under Article 226 of the Constitution of India. The petitioner No. 1 Eastern Spinning Mills & Industries Limited imported certain goods into India which were of the description as mentioned in the Notification No. 216-Cus., dated 1st November 1980. A copy of the said Notification is Annexure-A to the petition. By the said notification the Union of India in exercise of its powers conferred by subsection (i) of Section 25 of the Customs Act, 1962, exempted the goods specified in the Table forming part of the said Notification and falling within Chapter 56 of the First Schedule of the Customs Tariff Act, 1975 (Act No. 51 of 1975), when imported into India from whole of the Duty of Customs leviable thereon under the said first schedule. Thereafter on 14th December, 1982, another Noti- fication was issued by the Central Government being Notification No. 276/82-Customs whereby the Central Government in exercise of the powers conferred by sub-secti...
- ‹ Prev
- 1
- 3
- Next ›
- Last »