Kolkata Court June 1989 Judgments
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Commissioner of Income-tax Vs. United Commercial Bank Ltd.
Court: Kolkata
Decided on: Jun-06-1989
Reported in: [1991]189ITR57(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256 of the Income tax Act, 1961, for the assessment year 1977-78, the following question of law has been referred to this court:'Whether, on the facts and in the circumstances of the case, the professional charges of Rs. 5,000 paid for obtaining advice for preparation of income-tax return fall within the scope of Section 80VV of the Income-tax Act, 1961 ?'The facts shortly stated are that the assessee claimed deduction for expenses of Rs. 15,100, Rs. 5,000 included which on account of professional charges for preparation of the return for 1976, Rs. 4,100 being the travelling expenses for two visits made by the assessee's representative from Bombay to Calcutta and the balance amount being fees for income-tax appeals for the assessment years 1974-75 and 1975-76. The Income-tax Officer did not allow the said expenses as deduction.2. Being aggrieved, the assessee filed an appeal before the Commissioner of Income-tax (Appeals) who allow...
Hanuman Estates Pvt. Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jun-06-1989
Reported in: [1991]188ITR678(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 question which has been referred to this court is 'whether the order of assessment is time-barred ?'2. The facts are that the assessee submitted a return showing an income of Rs. 47,848. The said, income was arrived at as follows :Rs.Income from house property... (4)2,25,141Loss under the head'Business or profession'... (-)1,77,3030Total income47,8383. The Income-tax Officer, however, arrived at the total income at Rs. 2,34,199 and also proposed to disallow the loss of Rs. 1,77,303 shown under the head 'Income, profits and gains of business or profession'. The Income-tax Officer felt that the loss in business (on sale of shares) claimed by the assessee should come under the head 'Short-term capital loss' and, accordingly, the provisions of Section 144B(1) of the Income-tax Act were attracted. The Income-tax Officer, therefore, submitted a draft assessment ord...
Oil India Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jun-06-1989
Reported in: [1990]183ITR412(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(2) of the Income-tax Act, 1961, for the assessment year 1969-70, the following questions of law have been referred to this court:'(i) Whether, on the facts and in the circumstances of this case, disposal of the appeal by the Tribunal was in accordance with law ? '(ii) Whether, on the facts and in the circumstances of this case, the order of remand by the Tribunal was legal and valid ?' 2. The facts shortly stated are that while making the assessment of the assessee for the said year on March 15, 1972, the Income-tax Officer disallowed Rs. 9,48,380 under Section 40(a)(v) of the Act and on the basis of the claim made by the assessee allowed the deduction. In computing its income from business for that year, the sum of Rs. 1,40,411 being 1/12th of the expenditure on repairs, maintenance, etc., of bungalows and depreciation on bungalows, furniture, etc., owned by the assessee-company and used by its employees was allowed as a deduc...
B.K. Saha and Brothers (P.) Limited and anr. Vs. Income-tax Officer an ...
Court: Kolkata
Decided on: Jun-06-1989
Reported in: [1989]180ITR293(Cal)
Susanta Chatterjee, J.1. The present rule was issued on February 26, 1979, at the instance of the writ petitioners, B. K. Saha and Bros. (P.) Ltd. and another, challenging the letter dated February 16, 1979, written by the Income-tax Officer, 'C' Ward, Companies District-II, Calcutta, and a notice under Section 131 of the Income-tax Act, 1961, of the same date issued by the same Officer, copies of which are in annexure 'E' to the writ petition.2. It is alleged that the said Officer, respondent No. 1, is purporting to exercise the power under Section 131 of the said Act mechanically and without any application of mind as to whether all or any of the documents referred to in the purported notice under Section 131 of the Act will be useful for any proceedings pending before the said respondent No. 1 under the Act.3. Mr. Pal, learned advocate appearing with Miss Seal, learned advocate, for the petitioners have argued that the Income-tax Officer has no power, in the facts and circumstances ...
Sudhindra Nath Patra Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Jun-06-1989
Reported in: 1992(58)ELT396(Cal)
ORDERParitosh Kumar Mukherjee, J.1. The instant writ petition was moved challenging, inter alia, the order of revision passed by the Central Government whereby the revisional authority declined to interfere with the appellate order dated May 21, 1976 which affirmed the original order of imposing penalty dated November 11, 1970 of Rs. 10, 000/- upon the writ petitioner under Rule 126L(16) of Part XIIA of the Defence of India Rules, 1962.2. At the time of admission of the writ petition this court was pleased to issue a rule and granted interim order in terms of prayer (f) of the petition and thereby restrained the respondents from giving any effect to the order dated November 11,1970 passed by the Collector of Central Excise and Customs, pending the disposal of the writ petition.3. The case of the petitioner, in short, is as follows:On or about April 8/9, 1968 a group of Customs Officers of the Divisional Preventive Unit, Krishnagar armed themselves with three search authorisations, all ...
Commissioner of Income-tax Vs. Ratanlal Surekha
Court: Kolkata
Decided on: Jun-05-1989
Reported in: [1991]190ITR367(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(2) of the Income-tax Act, 1961, for the assessment year 1964-65, the following questions of law have been referred to this court :'1. Whether, on the facts and in the circumstances of the case, the Tribunal had no evidence or had relied on irrelevant material for holding that the assessee had been able to rebut the presumption arising under the Explanation to Section 271(1)(c) of the Income-tax Act, 1961, that the assessee's failure to return the correct income arose either from fraud or from gross or wilful neglect on his part ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in cancelling the order of penalty made under Section 271(1)(c) of the Income-tax Act, 1961 ?' 2. The facts shortly stated are that, in the course of assessment proceedings, the Income-tax Officer noticed that the assessee claimed to have taken a loan of Rs. 1 lakh from M/s. Raj Kumar Jain and Co., on September 6,...
Asiatic Oxygen Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jun-05-1989
Reported in: [1991]190ITR328(Cal)
Ajit K. Sengupta, J.1. This is a reference under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1972-73. While making the assessment for the said assessment year, the Income-tax Officer made an addition of Rs. 25,000 with the following remarks :'As directed by the Inspecting Assistant Commissioner R-IX, Calcutta, under Section 144B on page 4 of his order in the matter of payment to M/s. Industrial Development Corporation Pvt. Ltd., Bangalore, towards charges for preparation of feasibility report of Calcium Carbide Project for Madras and Mangalore Division.'2. Before the Appellate Assistant Commissioner, it was claimed by the assessee that the addition should not have been made as it was a revenue expenditure. The Appellate Assistant Commissioner, however, found that this was entirely a new project undertaken by the company and, therefore, could not be taken as a revenue expenditure. The disallowance was, therefore, upheld.3. Before the Tribunal, in support of the g...
Sri Kewal Chand Bagri Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jun-05-1989
Reported in: [1990]183ITR207(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(2) of the Income-tax Act, 1961, for the assessment year 1973-74, 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 right in upholding the order of the Income-tax Officer in estimating the interests income of the assessee ?'2. The facts, shortly stated, are that the assessee derives income from interest and director's remuneration. The assessee had advanced a loan of over Rs. 2 lakhs in 1959 to his father, Sri Manik Chand Bagri, who was carrying on business in export of gunny bags. The loan amount had touched the figure of Rs. 3,45,400 in the year 1965. At the beginning of the present year, i.e., 1st January 1972, the debit balance in the account of Sri Manik Chand Bagri was Rs. 1,27,444. The assessee had charged interest in this account up to the year 1970 but from January 1, 1971, the assessee did not charge any interest in this account....
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