Kolkata Court February 1990 Judgments
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Commissioner of Income Tax Vs. Bengal Jute Mills Co. Ltd.
Court: Kolkata
Decided on: Feb-05-1990
Reported in: (1992)107CTR(Cal)34
SUHAS CHANDRA SEN, J. :The Tribunal has referred the following three questions of law under s. 66(2) of the Indian IT Act, 1922. The relevant assessment year involved is 1952-53 for which the relevant accounting period ended on 30th June, 1951 :'1. Whether, on the facts and in the circumstances of the case, the Tribunal had ignored relevant materials and had relied on irrelevant materials in holding that no manipulations were resorted to by the assessee in claiming inflated price in respect of purchase of raw jute and that no addition was called for in view of such inflation and whether such finding of the Tribunal was otherwise unreasonable and/or perverse ?2. Whether, on the facts and in the circumstances of the case, the Tribunal misdirected itself in law in deleting the addition of Rs. 11,00,000 ?3. Whether, on the facts and in the circumstances of the case and in view of the fact that the opening stock of the year was valued at the same figure as the closing stock of the proceedin...
Commissioner of Income Tax Vs. Century Enka Limited.
Court: Kolkata
Decided on: Feb-05-1990
Reported in: (1992)107CTR(Cal)14
ORDER--Applicability--Attracted only in respect of points dealt with in appellate order.HELD :Merger takes place only in respect of the points which have been dealt with in the appellate order. Merely because the AAC had jurisdiction to go into the points which were not the subject-matter of appeal before him, the merger of the entire assessment order in the appellate order does not take place. Since the CIT was trying to revise the orders of the ITO on points which were not raised before the AAC and on which the AAC had not expressed any opinion, the CIT(Appeals) had the jurisdiction to pass an order in revision in respect of those points if he thought that the assessment was erroneous and prejudicial to the interests of the revenue on those points.Hindustan Aluminium Corporation Ltd. v. CIT (1989) 178 ITR 74 (Cal) followed.Companies (Profits) Surtax Act 1964 s.16 SUHAS CHANDRA SEN, J. :The Tribunal has referred the following two questions of law to this Court under s. 256 (1) of the ...
Karala Valley Tea Co. Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Feb-02-1990
Reported in: [1990]186ITR1(Cal)
Bhagabati Prasad Banerjee, J.1. The following questions of law have been referred by the Income-tax Appellate Tribunal, 'D' Bench, Calcutta, under Section 256(1) of the Income-tax Act, 1961, for the opinion of this court :'(a) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the losses of the earlier years cannot be set off against the profits assessable for the assessment year 1978-79 in the case of the assessee because of the provisions of Section 79 of the Income-tax Act though there was no change in the shareholding during the previous year within the meaning of that section ?(b) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that set off of past losses can be denied to the assessee under Section 79 of the Income-tax Act because of the change in its shareholding even where such change was effected with a view to avoiding or reducing any liability to tax ?(c) Whether, on the facts and in...
Mithilesh Kumar Jha Vs. Allahabad Bank and ors.
Court: Kolkata
Decided on: Feb-02-1990
Reported in: (1990)2CALLT182(HC)
Monoranjan Mallick, J.1. The writ petitioner being aggrieved by the order passed by the Assistant General Manager, Allahabad Bank dafed 28th October 1988 passing the order of removal from service against him has moved this Court under Article 226 of the Constitution.2. The writ petitioner is the Ex-Manager of Pachtaki Yadu Branch and Mahingoari Branch of the Allahabad Bank. The charge-sheet No. BZ/Vig./ 56/162 dated 13.4.1988 was issued on him and an enquiry was initiated and Sri S. L. Tewari was appointed the Enquiry Authority to hold the enquiry against the petitioner in terms of the Regulation 6(2) of the Allahabad Bank Officer Employees (Discipline and Appeal) Regulation, 1976. The enquiry authority has completed the enquiry on 16.9.1988 and submitted his report on 25.10.1988. The Respondent No. 3, Assistant General Manager and Disciplinary Authority, Allahabad Bank, having its office at Zonal Office, Patna has accepted the said report and findings of the Enquiry Authority and pass...
Satya Vijay Exports (P) Ltd. Vs. Collector of Customs
Court: Kolkata
Decided on: Feb-02-1990
Reported in: 1990(48)ELT344(Cal)
P.D. Desai, C.J.1 The appeal is taken up for hearing by treating it as included in the day's cause list. Filing of the Paper Book is dispensed with and the undertaking given in that behalf is discharged.2. The following facts are not in dispute :-3. The appellant (Writ Petitioner) imported two consignments of... the claiming them to be Polystyrene Hi 425 on September 15,1988 from Korea through Calcutta Port. On the same day he filed a bill of entry claiming that the goods in question were required to be classified under Heading 3903.19 of the Customs Tariff. On February 17, 1989 two notices were issued to the appellant by the Customs Authorities disputing the valuation and classification of the goods and directing that cause be shown why the goods should not be classified as Copolymers under Heading 3903.90 of Customs Tariff and charged duty accordingly. On June 12,1989 the appellant sent a composite reply to both the show cause notice reiterating that the goods were in fact Polystyren...
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