Kolkata Court August 1989 Judgments
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General Electric Co. of India Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Aug-04-1989
Reported in: [1993]204ITR651(Cal)
Suhas Chandra Sen, J.1. The Tribunal has referred the following questions of law to this court under Section 256(2) of the Income-tax Act, 1961 ('the Act'), for our opinion :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the sum of Rs. 14,53,340 being 'advance written off' by the applicant on account of debit balances in the suppliers' accounts was not admissible as a deduction in the year under appeal ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the sum of Rs. 9,73,384 being'adjustment relating to earlier years' on account of purchases made by the applicant was not admissible as a deduction in the year under appeal ? 3. Whether the finding of the Tribunal that as the applicant was following the mercantile system of accounting it could claim adjustment of the amounts of Rs. 14,53,340 and Rs. 9,73,384 (mentioned in questions Nos. 1 and 2 above) only in...
United Provinces Electric Supply Co. Ltd. (In Liquidation) Vs. Commiss ...
Court: Kolkata
Decided on: Aug-04-1989
Reported in: [1993]204ITR794(Cal)
Suhas Chandra Sen, J.1. The Tribunal has referred the following three questions of law to this court under Section 256(1) of the Income-tax Act, 1961 (for short, 'the Act') :'1. Whether, on the facts and in the circumstances of the case, the return signed by the liquidators in the present case is non est in law and in view thereof, the assessment is void ab initio ? 2. Whether, on the facts and in the circumstances of the case, the expenditure of Rs. 92,565 is allowable deduction under Section 57(iii) of the Income-tax Act, 1961, or otherwise, while computing the total income of the assessee for the accounting period relevant to the assessment year 1976-77 ? 3. Whether, on the facts and in the circumstances of the case, in computing the income of Rs. 1,001 under Section 41(2) of the Income-tax Act, full effect should have been given to Section 41(2) read with Section 41(5) of the Income-tax Act, 1961?' 2. The assessment year involved is the assessment year 1976-77, for which the releva...
Marwari Balika Vidyalaya and ors. Vs. West Bengal Board of Secondary E ...
Court: Kolkata
Decided on: Aug-04-1989
Reported in: (1990)1CALLT299(HC)
Monoranjan Mallick, J.1. The petitioners pray for a writ of Mandamus commanding the Respondents to forthwith to withdraw and/or cancel and/or rescind the impugned decision dated 19th December 1987 of the appeal Committee of the West Bengal Secondary Education Board as communicated by the letter No. 5043-G dated 29th January, 1988 being annexure 'U' to the writ petition and to forbear from giving any effect to the same in any manner whatsoever, and for further consequential reliefs :2. The petitioners state as follows :The petitioner No. 1 Marwari Balika Vidyalaya is a registered society duly registered under the Societies Registration Act 1860. The objects. of the petitioner No. 1 were and still are, inter alia, to impart, promote and spread education in Arts, Science and Commerce to girls and women and to do other acts, deed and things as are incidental or conducive to the attainment of the said object. The said society was established by the members of the Marwari community in the ci...
Satpal Tandon Vs. Smt. Jyotsna Ghose and ors.
Court: Kolkata
Decided on: Aug-04-1989
Reported in: (1990)2CALLT257a(HC)
K.M. Yusuf, J.1. The defendant petitioner has moved this revisional application against an order dated the 8th June, 1989 passed by the learned Additional District Judge, 9th Court, Alipore, in Misc. Appeal No. 61 of 1989 dismissing the defendant's application under Order 9 Rule 13 of the Code of Civil Procedure thereby affirming the order of the learned Munsif dated the 6th February, 1989 passed in Misc. Case No. 63 of 1985.2. The petitioner was inducted as a monthly tenant in premises No. P-39, Lake View Road, Calcutta, at a monthly rent of Rs. 300/- and a Title Suit being T.S. No. 529 of 1976 was filed against the petitioner in the Third Court of the learned Munsif, Alipore, on the ground of default only. On the 12th July, 1985 the suit was listed for peremptory hearing and on that very date it was decreed ex-parte. The petitioner filed an application under Order 9 Rule 13 of the Code of Civil Procedure being Misc. Case No. 53 of 1985 before the learned Munsif. The learned Munsif af...
Commissioner of Income-tax Vs. Jnan Prakash Ghosh
Court: Kolkata
Decided on: Aug-03-1989
Reported in: [1994]205ITR454(Cal)
Suhas Chandra Sen, J.1. The Tribunal has referred the following question of law to this court under Section 256(1) of the Income-tax Act, 1961 ('the Act') :'Whether, on the facts and in the circumstances of the case and on a correct interpretation of the agreement dated July 14, 1976, between the assessee and the Ali Akbar College of Music, the Tribunal was justified in holding that the remuneration received by the assessee was assessable not as salary income but as income from profession ?'2. The assessee is an individual deriving income from profession as a musician. He has also income from house property. During the assessment year under consideration (assessment year 1977-78, corresponding to accounting year ending on March 31, 1977), the assessee received a sum of Rs. 72,925 in foreign currency as remuneration for services rendered to the Ali Akbar College of Music in America under an agreement dated July 10, 1976, entered into by and between the assessee and the Ali Akbar College...
Commissioner of Income-tax Vs. Shree Bajrang Electric Steel Co. (P.) L ...
Court: Kolkata
Decided on: Aug-02-1989
Reported in: [1990]181ITR427(Cal)
Ajit K. Sengupta, J.1. At the instance of the Commissioner of Income-tax, West Bengal. VI, the following question of law for the assessment year 1971-72 has been referred to this court under Section 256(1) of the Income-tax Act, 1961 :'Whether, oh the facts and in the circumstances of the case and having regard to -the fact that the original assessment was completed on March 22, 1974, the Tribunal was justified in law in directing the Income-tax Officer to allow deductions under Sections 80-I and 80J of the Income-tax Act, 1961, on the basis of the assessee's claim for such deductions made in its letter dated February 8, 1979, in the course of the reassessment proceedings pending in terms of the Tribunal's Order in ITA No. 2971/Cal/74-75 dated June 11, 1976 ?'2. In our view, the question has to be refrained as follows :'Whether, on the facts and in the circumstances of the case and having regard to the fact that the original assessment was completed on March 22, 1974, the Tribunal was ...
Commissioner of Income-tax Vs. Hindustan Gum and Chemicals Ltd.
Court: Kolkata
Decided on: Aug-01-1989
Reported in: [1990]182ITR396(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1972-73, the following questions of law have been referred to this court:'(1) Whether, on the facts and in the circumstances of the case and on a correct interpretation of Rule 1 (viii) of the First Schedule to the Companies (Profits) Surtax Act, 1964, in computing the chargeable profits under the said Act and the rules made thereunder, the assessee-company deriving income by way of dividend from another Indian company is entitled to the exclusion of the gross dividend amount received unaffected by the provisions of Section 80M of the Income-tax Act, 1961? 2. Whether, on the facts and in the circumstances of the case, rule 4 of the Second Schedule to the Companies (Profits) Surtax Act, 1964, is applicable for proportionately reducing the capital apportionable to dividend deduction under Section 80M of the Income-tax Act, 1961?' 2. The second question is concluded by the de...
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