Kolkata Court September 1988 Judgments
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Method Trading and Investment Ltd. Vs. Shree Ambica Jute Mills Ltd.
Court: Kolkata
Decided on: Sep-20-1988
Reported in: AIR1989Cal288
ORDERSachi Kanta Hazari, J. 1. This is a suit under Order XXXVIIof the Civil P. C., inter alia, praying for a final judgment and decree for a sum of Rs. 32,34, 740,46 p. in favour of the plaintiff against the defendant 2 less a sum of Rs. 1,50,000/- paid by the defendant 1 after the institution of the suit and for other reliefs. The plaintiff's case is that in or about June 1983 at the request of the defendant 1 the plaintiff agreed to lend and advance a sum of Rs. 25 lakhs repayableby the said defendant on demand after 90 days. The said loan and advance was made by the plaintiff to the defendant 1 as and by way of temporary accommodation for the purpose of business of the defendant 1 after duly deducting the interest for 90 days on the said sum of Rs. 25 lakhs at the rate of 18% per annum. The plaintiff paid the said sum by Pay Slip/Pay Order No. 230954 dt. 1-6-83 issued by the Bank of India, Calcutta Main Branch drawn in favour of the Punjab National Bank, A/c. Sri Ambika Jute Mills ...
Niharbala Banerjee and anr. Vs. State
Court: Kolkata
Decided on: Sep-20-1988
Reported in: (1989)1CALLT307(HC)
J.N. Hore, J.1. Smt. Niharbala Banerjee and her son Tapan Kumar Banerjee-the two appellants before us were convicted under Section 306, Indian Penal Code for abetment to suicide committed by Sikha Banerjee, wife of Tapan Banerjee, by a learned Additional Sessions Judge, Alipore. For such conviction appellant No. 1 Smt. Niharbala Banerjee was sentenced to suffer simple imprisonment for 5 years and to pay a fine of Rs. 1,000 in default, to suffer simple imprisonment for 1 year more and appellant No. 2 Tapan Kumar Banerjee was sentenced to suffer rigorous imprisonment for 8 years and to pay a fine of Rs. 1,000 in default, to suffer rigorous imprisonment for 1 year more. The appellants seek to assail the said Order of conviction and sentence in this appeal.2. Briefly stated, the prosecution case is as under:Sikha Kundu, daughter of Renuka Kundu (PW1), resident of 87 Gourbabu Road, Kanchrapara was married to accused-appellant Tapan Kumar Banerjee of 28, Spolding Road, Kanchrapara within Pol...
Commissioner of Income-tax Vs. Bally Jute Co. Ltd.
Court: Kolkata
Decided on: Sep-19-1988
Reported in: [1990]182ITR428(Cal)
Ajit K. Sengupta, J.1. At the instance of the Commissioner of Income-tax, Central-1, Calcutta, the following question of ,law for the assessment year 1972-73 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 Tribunal was justified in holding that the provision for gratuity liability of the employees based on the service for the earlier years under the West Bengal Employees' Payment of Compulsory Gratuity Act, 1971, which came into force with effect frem June 14, 1971, was an allowable deduction in working out assessee's business income for the assessment year 1972-73 ?'2. This question is concluded by the decision of this court in the case of CIT v. Eastern Spinning Mills Ltd. : [1980]126ITR686(Cal) . Following the said decision, we answer the question referred in this reference in the affirmative and in favour of the assessee.3. It may be mentioned that the statement of the case was submit...
Braithwaite and Co. Ltd. Vs. Second Industrial Tribunal and ors.
Court: Kolkata
Decided on: Sep-15-1988
Reported in: (1989)2CALLT8(HC)
Monoranjan Mallick, J.1. In this writ petition the Order No. 97, dated 10.12.1985 passed by Second Industrial Tribunal, West Bengal in Case No. VIII-174/79 vide G.O. No. 3363-12, dated 7.8.1979 in Braith waite and Company v. Their Workmen has been challenged as illegal and a writ in the nature of Mandamus has been prayed for, for cancelling and/or withdrawing the impugned order and for a writ of Prohibition commending the respondents to forbear from giving effect to the impugned Order. A writ of Certiorari has also been prayed for.2. The facts giving in the writ petition may be briefly stated as follows :The petitioner is a public sector undertaking employing about 4400 employees. The service condition of the employees are governed by the Standing Order/Service Rules. In or about the middle of December 1972 on receipt of Bank statement for the period from January to August 1972 and on comparison and on reconciliation with the cash books, it was noticed that certain items listed as lodg...
Sushil Kumar Kayan Vs. Asstt. Collector of Customs and ors.
Court: Kolkata
Decided on: Sep-15-1988
Reported in: 1989(39)ELT516(Cal)
Baboo Lall Jain, J.1. Before making this writ application the petitioner had moved another writ application being Matter No. 4403 of 1987 (Sushil Kumar Kayan v. Assistant Collector of Customs and Ors.). In the said application an interim order was made by this Court, being order dated the 18th June, 1987. The said order is, inter alia, to the effect as follows :-'The customs authorities are directed to release the goods upon the petitioner's paying the admitted amount to duties in cash and upon the petitioner's furnishing a Bank Guarantee for 50% of the disputed amount of duties assessed in excess of the amount admitted by the petitioner, and a bond for the other 50%. Such Bank Guarantee and such bond shall be furnished by the petitioner to the satisfaction of the Collector of Customs, the respondent No. 2 herein. Such Bank Guarantee and such bond shall be initially for a period of three months from date, on the undertaking of the petitioner to renew and keep it alive so long as the wr...
Commissioner of Income-tax Vs. Soorajmull Nagarmull
Court: Kolkata
Decided on: Sep-12-1988
Reported in: [1990]185ITR421(Cal)
Ajit K. Sengupta, J.1. At the instance of the Commissioner, West Bengal IX, the following questions of law have been referred to this court under Section 256(1) of the Income-tax Act, 1961 ('the Act'), for the assessment year 1964-65 :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal is correct in interpreting the additional ground raised by the assessee at the hearing of the appeal as meaning that the charging of interest under Section 139(1) of the Income-tax Act, 1961, in the assessment is not valid for the reason that the Income-tax Act does not provide for the charging of interest under Section 139(1) in a case where the assessee had not applied for extension of time for the filing of the return ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal had no jurisdiction to direct the Appellate Assistant Commissioner to decide a ground regarding the charging of interest under Section 139(1) of the Income-tax Act, 1961, a ground tha...
Commissioner of Income-tax Vs. Karam Chand Thapar and Sons Ltd.
Court: Kolkata
Decided on: Sep-12-1988
Reported in: [1990]186ITR368(Cal)
ORDER--ITO's order not in conformity with Tribunal and High Court order of earlier assessment years of same assesseeHeld:The order of the ITO contrary to the findings of the Tribunal for the earlier assessment years even though the Commissioner might have challenged the order by preferring an application under s. 256(1) was erroneous. The ITO did not follow the order passed by the Tribunal for the earlier years holding that the loss was capital loss. He ignored that it was held for the earlier year by the Tribunal and the High Court that the assessee was an investor in shares and accaordingly loss or gain arising from the transaction in share would be both capital loss or capital gain. The Commissioner has given sufficient indication in the order as to why he was setting aside theorder under s. 263. The Commissioner rightly though that the assesment which was made by the ITO contrary to the findings of the Tribunal for the earlier years is erroneous insofar as prejudicial to the intere...
Commissioner of Income-tax Vs. Bansidhar Jalan and Sons.
Court: Kolkata
Decided on: Sep-12-1988
Reported in: [1990]184ITR264(Cal)
A.K. Sengupta, J. 1. At the instance of the Commissioner, West Bengal-IX, Calcutta, the following question of law has been referred to this court under Section 256(2) of the Income-tax Act, 1961 ('the Act'), for the assessment year 1972-73 : 'Whether, on the facts and in the circumstances of the case, the Tribunal had relied on irrelevant or partly irrelevant materials in holding that the assessee had during the relevant year entered into genuine speculative transactions and suffered a loss amounting to Rs. 1,25,515 in such transactions and/or whether such findings were unreasonable or perverse ?' 2. The facts briefly stated are that the Income-tax Officer, while completing the assessment of the assessee for the assessment year 1972-73, rejected the claim of the assessee for loss of Rs. 1,25,515 in share speculation transaction. 3. The matter went before the Tribunal. The findings given by the Appellate Assistant Commissioner were assailed by counsel for the assessee. TheTribunal, afte...
Commissioner of Income-tax Vs. Basumati (P.) Ltd.
Court: Kolkata
Decided on: Sep-12-1988
Reported in: [1989]180ITR175(Cal)
Ajit K. Sengupta, J.1. At the instance of the Commissioner of Income-tax, West Bengal-II, the following question of law has been referred to this court under Section 256(2) of the Income-tax Act, 1961, for the assessment year 1964-65 :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that no penalty under the provisionsof Section 271(1)(c) read with the Explanation thereto could be levied in the case of the assessee ?'2. The facts, shortly stated hereinafter are, that the assessee carried on business of printing, publishing and selling newspapers and periodicals known as Daily Basumati, Weekly Basumati and also some other periodicals. For the purpose of its business, the assessee-company purchased paper, ink and other miscellaneous materials. For the assessment year 1964-65, the assessee-company filed a return on October 20, 1964, disclosing a loss of Rs. 1,79,064. The Income-tax Officer rejected the book result of the assessee an...
Commissioner of Income-tax Vs. National Alloy and Metal Works (P.) Ltd ...
Court: Kolkata
Decided on: Sep-12-1988
Reported in: [1989]176ITR299(Cal)
Ajit K. Sengupta, J.1. At the instance of the Commissioner of Income-tax, West Bengal, the following question of law has been referred to this court under Section 256(2) of the Income-tax Act, 1961, for theassessment year 1961-62 :'Whether, on the facts and in the circumstances of the case and in view of the disclosure petition filed by the assesses under Section 271(4A) of the Income-tax Act, 1961, there was any burden on the Department to further prove that the amounts added by the Income-tax Officer represented revenue receipts and the assessee concealed the same, for the purpose of imposing penalty under Section 271(1)(c) of the Income-tax Act, 1961 ?'2. The facts briefly stated are that in the course of the assessment, the Income-tax Officer noticed credits in the names of several persons in the books of the assessee. It was represented that these amounts represented loans taken on hundis from those persons. Confirmation letters from them had been filed with a view to verify the g...
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