Kolkata Court December 1990 Judgments
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Commissioner of Income-tax Vs. Borhat Tea Co. Ltd.
Court: Kolkata
Decided on: Dec-19-1990
Reported in: [1992]193ITR134(Cal)
AJIT K. SENGUPTA J., - This reference under section 256 (1) of the Income-tax Act, 1961, relates to the assessment year 1981-82. The short question which calls for determination in this reference is how the quantum of penalty under section 273 (1) (b) of the Income-tax Act, 1961, should be computed.Shortly stated, the facts are that, in the course of the assessment, proceedings, the Income-tax Officer found that the assessee did not file the statement of advance tax nor did it pay advance tax during the relevant accounting year. The Income-tax Officer, therefore, initiated penal proceedings under section 273 (2) (c) of the Income-tax Act, 1961, read with section 273 (sic) of the Act. In reply to the show-cause notice, the assessee submitted before the Income-tax Officer that it was a non-resident company and that the income accruing to it in India during the period comprised interest due from the bank on short-term deposit, interest due from Tata Finlay Ltd. and dividends received to b...
Commissioner of Income-tax Vs. Anand and Company
Court: Kolkata
Decided on: Dec-18-1990
Reported in: [1991]191ITR82(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1979-80, 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 was justified in law in holding that the Income-tax Officer reopened the assessment under Section 147(b) of the Income-tax Act, 1961, on the ground of mere change of opinion ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the conditions for reopening the assessment under Section 147(b) of the said Act have not been satisfied in this case ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in confirming the order of the Commissioner of Income-tax (Appeals) cancelling the assessment framed by the Income-tax Officer under Section 143(3)/148 of the said Act ?' 2. The assessee is a registered firm. For the assessment y...
Hindusthan Paper Corporation Ltd. Vs. Kenilhouse Angami
Court: Kolkata
Decided on: Dec-18-1990
Reported in: (1991)2CALLT174(HC)
Monoranjan Mallick, J.1. Matter Nos. 1387 and 1388 of 1990 are taken up together for reasons of convenience as the same question of law and fact arise in both the petitions. In both the petitions the petitioner Hindusthan Paper Corporation Limited has prayed for review of the order dated March 23, 1989 passed by S. K. Hazari, J issuing the injunction order against the petitioner restraining them from invoking several bank guarantees in respect of the Contract entered into between the parties in two applications Under Section 41(b) of the Arbitration Act.2. Being aggrieved the present petitioner moved the Supreme Court and the Supreme Court by the order dated 15th December, 1989 gave liberty to the present petitioner to approach the learned Single Judge of this court by way of review. Thereafter, in both the application Under Section 41(b) of the Arbitration Act the application for review have been filed being Matter No. 1387 and 1388 of 1990.3. It is submitted that the Division Bench i...
Smt. Kali Talukdar Vs. Prodosh Kumar Bajpaie
Court: Kolkata
Decided on: Dec-18-1990
Reported in: (1991)2CALLT126(HC)
Ajit Kumar Nayak, J.1. The only point of law that arises in this second appeal is whether this Court while hearing a regular appeal against a final decree is powerless to rectify a mistake made earlier in its order in disposing of a revision application against an interlocutory order arising out of the same proceeding.2. To have a proper appraisal of law, it would be necessary to bear in mind the facts of this case. The plaintiff-respondent brought the suit foe eviction of the defendant-appellant from the suit premises on the ground of default in payment of rent from November, 1968 to March, 1970, The defendant-appellant denied the same alleging payment, and since her appearance in the suit started depositing rent in the trial court from the month of April, 1970 as per terms of Section 17(1) of the West Bengal Premises Tenancy Act (hereinafter referred to as the Act). The defendant-tenant further filed a petition Under Sections 17(2) and 17(2A) of the said Act before that court for det...
Md. Ishaque Vs. the Under Secy. to the Govt. of India and ors.
Court: Kolkata
Decided on: Dec-17-1990
Reported in: AIR1991Cal289,(1991)2CALLT246(HC),95CWN907
ORDER1. The petitioner Md. Ishaque was served with an order under Section 3(2)(c) of the Foreigner's Act, 1946, directing him to quit India within a certain date on the allegation that the petitioner is 'a foreigner and a national of Pakistan' and the petitioner has challenged this order in this writ proceeding.2. India, to my knowledge, is the only country which has, almost from the dawn of civilisation, proclaimed and advocated the principles of 'Viswa Yatra Bhabatyeaka Neeram' and 'Vasudhaiva Kutumbakam' --the whole world is one house and all the people of the world, wherever they may be, are relations. One has only to read Tagore's celebrated poem 'Bharat Tirthy' to remind himself as to how India has, from the hoary past, kept her gates wide open with a perennial call of welcome to all foreigners. Quit India approach was an anathema to our cultural heritage and our national movement under the same name under the leadership of the Mahatma was never directed against the foreigners, b...
Commissioner of Income-tax Vs. Kusum Products Ltd.
Court: Kolkata
Decided on: Dec-14-1990
Reported in: [1993]203ITR672(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(1) of the Income-tax Act, 1961, relating to the assessment year 1974-75, the Revenue has questioned the decision of the Tribunal cancelling the order of penalty imposed under Section 271(1)(c) of the Act.2. The facts are that the assessee is a resident company. The original assessment was completed under Section 143(3)/144B of the Income-tax Act, 1961, on August 10, 1977. A penalty order under Section 271(1)(c) was passed in this case for the assessment year 1974-75 on March 31, 1980.3. The return of income for the assessment year 1974-75 was filed by the assessee-company on July 31, 1974, showing a total income of Rs. 53,64,400. In the profit and loss account for the year ending on March 31,1974, relevant to the assessment year 1974-75, the assessee had credited an amount of Rs. 2,77,708 under the head 'Interest on unsecured loans'. The amount of Rs. 2,77,708 included interest under Section 214 of the Income-tax Act, 1961, all...
Commissioner of Income-tax Vs. Indian Explosives Ltd.
Court: Kolkata
Decided on: Dec-14-1990
Reported in: [1991]192ITR144(Cal)
Ajit K. Sengupta, J. 1. In this reference at the instance of both the assessee and the Commissioner, as many as seven questions have been referred to this court under Section 256(1) of the Income-tax Act, 1961, for the assessment years 1971-72 and 1972-73 : ' 1. Whether, on the facts and in the circumstances of the case and on a correct interpretation of Section 80J of the Income-tax Act, 1961, and Rule 19A of the Income-tax Rules, 1962, the Tribunal was right in holding that the exclusion of borrowed capital from the computation of capital employed in two new industrial undertakings for the purpose of Section 80J was not at all justified 2. Whether, on the facts and in the circumstances of the case and on a correct interpretation of Section 80J of the Income-tax Act, 1961, and Rule 19A of the Income-tax Rules, 1962, the Tribunal was correct in holding that, in computing the capital employed in the two new industrial undertakings for the purpose of Section 80J, current liabilities wer...
Commissioner of Income-tax Vs. East India Electric Supply and Traction ...
Court: Kolkata
Decided on: Dec-14-1990
Reported in: [1991]188ITR717(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 and having regard to the provisions of the Income-tax Act and Rules and the Indian Electricity Act, 1910, the assessee was entitled to triple shift depreciation allowance on its plant and machinery ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee-company is entitled to depreciation at 10 per cent. in respect of its overhead cables and wires 2. Shortly stated, the facts are that the assessee is engaged in the business of supply of electrical energy to the consumers of Hooghly, Chinsurahand Bansberia. The assessee-company purchased high voltage electrical energy from the West Bengal State Electricity Board and distributed the same by reducing the voltage and transmitt...
Debasis Das Vs. Canara Bank
Court: Kolkata
Decided on: Dec-14-1990
Reported in: (1991)2CALLT57(HC),[1991(63)FLR453],(1992)IILLJ697Cal
Manoj Kumar Mukherjee, J. 1. In this writ petition the petitioner, who was an employee of Canara Bank ('Bank' for short), challenges the order of his dismissal from service. Facts relevant for disposal of this petition are as under.2. In May, 1984 while working as an Accountant of the Brabourne Road Branch of the Bank in Calcutta, the petitioner fixed up a quarter at 9, R.N.Das Road, Dhakuria, Calcutta-31 on Bank's lease for three years, with an option of renewal for a further period of one year. Just before the extended period of lease expired-on April 22, 1988 to be precise-the lessor informed the Bank that she was not willing to extend the period of lease any further. On receipt thereof, the Bank, by a letter dated June 29, 1988 intimated the petitioner that a flat at 10, Gariahat Road, Calcutta had been alloted to him. In reply thereto, the petitioner, by his letter dated July 8, 1988, informed the Bank that compared with the flat he was occupying at R.N. Das Road, the flat offered...
Commissioner of Income-tax Vs. Bishnauth Tea Co. Ltd.
Court: Kolkata
Decided on: Dec-13-1990
Reported in: [1992]197ITR150(Cal)
Ajit K. Sengupta, J. 1. In this reference under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1980-81, 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 was correct in law in directing the Income-tax Officer to allow relief under Section 35B(1)(b)(iii) of the Income-tax Act, 1961, on warehousing expenses of Rs. 10,16,517 if, on examination, he finds that the storage charges were for keeping the goods before their sale 2. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that although Rule 6AA of the Income-tax Rules, 1962, was introduced with effect from August 1, 1981, it would be applicable in this case as the assessment has been completed on September 11, 1984 (i.e., after introduction of the said rule) and, in that view, whether the Tribunal was correct in law in directing the Income-tax Officer to examine the asses...
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