Kolkata Court June 1989 Judgments
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Seth Chemical Works (P) Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Jun-13-1989
Reported in: 1989(43)ELT6(Cal)
Susanta Chatterji, J.1. The present rule was issued on 11-7-1977 at the instance of the writ petitioner, Seth Chemical Works Private Ltd. praying, inter alia, to strike down the assessment orders levying duty on ultramarine blue form 1962-63 till 1976-77 for the sum of Rs. 26,84,539/- and subsequent amounts and further praying to restrain the respondents from assessing any duty on ultramarine blue produced by the petitioner in its factory and for refund of the excise duty so illegally realised.2. It is stated that the petitioner has been carrying on manufacturing operation of the product of ultramarine blue and marketing the same through its customers and/or stockists or dealers. According to the petitioner the trade in ultramarine blue has various brand names and are used in the market as Robin ultramarine blue, Crown blue, Atlantic blue and Robin super. It is placed on record that the end product of ultramarine blue is a compound of sodium, aluminium, silicon, sulphur and oxygen and ...
Commissioner of Income-tax Vs. Continental Commercial Co. Ltd.
Court: Kolkata
Decided on: Jun-12-1989
Reported in: [1991]192ITR66(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(1) of the Income-tax Act, 1961, relating to the assessment year 1976-77, the following question of law has been referred to this court:'Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in holding that the sum of Rs. 1,16,081 representing provision for payment of gratuity was an allowable deduction in computing the total income for the assessment year 1976-77 ?'2. The dispute relates to the assessee's claim for deduction of Rs. 1,43,668 being provision towards payment of gratuity. The Income-tax Officer allowed Rs. 27,587, but disallowed the balance of Rs. 1,16,081 on the ground that the gratuity fund had not been approved by the Commissioner of Income-tax. On appeal, the Commissioner of Income-tax (Appeals) held that the Income-tax Officer was not justified in disallowing this claim inasmuch as the assessee had fulfilled all the requirements for this allowance and had applied for ap...
Commissioner of Income-tax and ors. Vs. Chloride India Ltd.
Court: Kolkata
Decided on: Jun-12-1989
Reported in: [1990]186ITR217(Cal)
Padma Khastgir, J. 1. In this appeal, a short point for consideration is as to the meaning and interpretation of the expression 'regular assessment' under Section 214 of the Income-tax Act, 1961. Section 214of the Income-tax Act, 1961, provides as follows :'214. Interest payable by Government. -- (1) The Central Government shall pay simple interest at twelve per cent, per annum on the amount by which the aggregate sum of any instalments of advance tax paid during any financial year in which they are payable under Sections 207 to 213 exceeds the amount of the tax determined on regular assessment, from the 1st day of April next following the said financial year to the date of the regular assessment for the assessment year immediately following the said financial year, and where any such instalment is paid after the expiry of the financial year during which it is payable by reason of the provisions of Section 213, interest as aforesaid shall also be payable on that instalment from the dat...
General Saw and Blades Co. and Others Vs. Bharat Coking Coal Ltd. and ...
Court: Kolkata
Decided on: Jun-09-1989
Reported in: AIR1990Cal96
ORDER1. It is the case of the writ petitioner that like previous occasions the respondent 1 Bharat Coking Coal Ltd. in or about March, 1987 issued tender notice whereby sealed tenders were invited from intending buyers for the sale and disposal of various iron and steel scrap materials from various places of Central Coal WasheriesOrganisations situate at Dugda, Bhojudih and Patherdih. The terms and conditions for the said tender were inter alia as follows:--(a) All items as mentioned in the Schedule of disposal would be sold on 'AS IS, WHERE IS' basis.(b) The intending tenderers should quote their prices against the items in which they are interested on the body of the Schedule only. Quotations given on plain paper would not beaccepted.(c) The earnest money as indicated against each item quoted must accompany the tender in full, otherwise quotation will not be considered at all. Such deposit should only be in the form of Bank Draft drawn on State Bank of India, Dhanbad in favour of 'Bh...
Subhakaran Rajgharia Vs. Commissioner Wealth-tax
Court: Kolkata
Decided on: Jun-09-1989
Reported in: [1990]185ITR233(Cal)
ORDER--Valuation--Scope of ss. 16A--Valuer's report not considred in the light of ss. 12A and 16A--Therefore, revision under s. 25(2) was not justifiedHELD:Having gone through the provisions of ss. 16A and 25(2) the valuer's reports must be considered in the light of 12A and s. 16A. these reports must be considred while the assessment is pending. If there is any report beyond the scope of s. 16A the same cannot be referred to inthe manner as sought to be done in the instant case. Regard beinghad to be admitted facts and circumstances of the case, the steps taken by the respondents to issue the impugned notice cannot be supported ans sustained. WEALTH TAXRevision--NOTICE UNDR S. 25(2)--Issued onthe basis of a valuationreport beyond the scope of s. 16A--Not valid. WEALTH TAXValuation--REFERENCE OT VALUATION OFFICER--Made after completion fo assessment by WTO--Is invalid- Smt. Uma Debi J hawar v.WTO & Ors. (1982) 136 ITR 662 ICal) and Satyendra Chandra Bose v. WTO (1980) 126 ITR 102 (Cal...
Naga Hills Tea Company Ltd. Vs. Income-tax Officer and ors.
Court: Kolkata
Decided on: Jun-08-1989
Reported in: [1989]180ITR308(Cal)
Susanta Chatterjee, J.1. In this particular case, during the relevant previous years for the assessment, years 1962-63, and 1963-64 and 1964-65, the petitioner-company received diverse sums on account of compensation for the acquisition of plots of agricultural lands comprised within the petitioner's tea estate. In the returns filed under the Income-tax Act for the assessment year 1966-66, the petitioner duly disclosed the receipt of such sums and in the course of the assessment proceedings for the said year before respondent No. 1, the Income-tax Officer, F-Ward, Companies District II, Calcutta, the said petitioner by a letter dated October 21, 1967, duly furnished the primary and relevant materials fully and truly in relation to the said land and the said amount and furnished all the relevant materials, information and explanations. During the accounting year ended December 31, 1966, the petitioner received a further sum towards compensation in respect of the said land acquired by th...
Commissioner of Income-tax Vs. Ashoka Marketing Ltd.
Court: Kolkata
Decided on: Jun-07-1989
Reported in: [1990]183ITR580(Cal)
AJIT K SENGUPTA J. - In this reference under section 256(2) of the Income-tax Act, 1961, the following questions of law have been referred to this court for the assessment years 1955-56 and 1956-57:1. Assessment year 1955-56'Whether, on the facts and in the circumstances of the case, the Tribunal ignored relevant material or relied on irrelevant material to hold that there was no shortfall for the assessment year 1955-56 and was justified in that view in canceling the order under section 23A passed by the Income-tax officer?'2. Assessment year 1956-57'Whether, on the facts and in the circumstances of the case, the Tribunal ignored relevant material or relied on irrelevant material to hold that there was no amount available for distribution as dividend for the assessment year 1956-57 and was justified in that view in cancelling the order under section 23A passed by the Income-tax Officer?'The dispute relates to the legality of the order of the Income-tax Officer under section 23A. The I...
J.L. Bose Vs. Brigadier Atindra Mohan Bhattacharjee
Court: Kolkata
Decided on: Jun-06-1989
Reported in: AIR1990Cal13,93CWN1108
ORDER1. In this application under Art. 227 of the Constitution an order passed on 7th June, 1988 by the Additional Rent Controller in Rent Control Eviction Case No. 3 of 1984 EVC has been challenged.2. The impugned order arises out of an application filed by the respondent under S. 29B, West Bengal Premises Tenancy Act 1956, hereinafter referred to as the said Act for recovery of khas possession of the premises mentioned in the said application.3. The case was hotly contested, by both the parties both before the Additional Rent Controller and before this Court. Numerous decisions were cited at the Bar in support of the conflicting claims of the parties.4. Before entering into the merits of the case and dealing with the respective contentions made by the parties it is necessary to recapitulate and rethink about the historical background and the perspective in which the Rent Restriction Acts in general were enacted in various countries at various points of time, The West Bengal Premises ...
Jayshree Tea and Industries Limited Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jun-06-1989
Reported in: [1993]202ITR695(Cal)
Ajit K. Sengupta, J. 1. In this reference under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1975-76, the following questions of law have been referred to this court : '1. Whether, on the facts and in the circumstances of the case, the assessee is entitled to weighted deduction under Section 35B of the Income-tax Act, 1961, in its assessment for the accounting period relevant to the assessment year 1975-76 in respect of the amounts of Rs. 25,69,739 incurred by the assessee on freight and Rs. 1,662 incurred by it on insurance ?' 2. Whether, on the facts and in the circumstances of the case, the assessee is entitled to weighted deduction of the entire amount of Rs. 1,79,760 being the proportionate head office expenses and not Rs. 71,210 in its assessment for the accounting period relevant to the assessment year 1975-76 3. Whether, on the facts and in the circumstances of the case, the assessee is entitled to the deduction of surtax liability amounting to Rs. 33,3...
Commissioner of Income-tax Vs. Tungabhadra Industries Ltd.
Court: Kolkata
Decided on: Jun-06-1989
Reported in: [1992]196ITR912(Cal)
Ajit K. Sengupta, J. 1. In this reference under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1976-77, the following question of law has been referred to this court :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the amount of Rs. 75,494 qualifies for deduction under Section 35B of the Income-tax Act, 1961?'2. The assessee claimed export markets development allowance in respect of expenditure of Rs. 8,16,274. According to the Income-tax Officer, these expenses included shipping expenses, bank commission, administrative expenses, salary, postage, etc. He held that except the expenditure of Rs. 1,30,500 incurred on account of foreign travelling, the assessee was not entitled to the allowance under Section 35B.3. Against the Income-tax Officer's decision, the assessee preferred an appeal to the Commissioner of Income-tax (Appeals). Following the Special Bench order of the Tribunal on this i...
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