Kolkata Court November 1991 Judgments
income-tax Officer Vs. Prakash Roadlines Corpn.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Nov-28-1991
Reported in: (1992)40ITD406(Kol.)
1. to 3. [These paras are not reproduced here, as they involve minor issues.] 4. The second ground relates to the addition of Rs. 9,08,787 being the amount receivable from M/s Bharat Coking Coal Ltd. (hereinafter referred to as BCCL) which was deleted by the CIT (Appeals). In order to decide this ground it is essential to bring out the facts relating to this addition. The assessee had entered into rate contract for transportation work of BCCL. As per letter dated 23-12-1981, which is at pages 24 to 28 of the paper book filed before us in the appeal by the assessee. Due to floods the roads were considerably damaged and the assessee had to engage more lorries, trailers etc. and forced to take alternate longer routes to transport the goods of M/s BCCL to the places of destination. On account of this there was heavy expenditure involved by the assessee for paying towards loading, unloading and lorry freight to other lorry owners engaged for this purpose. The assessee, therefore, due to th...
Tag this Judgment!income-tax Officer Vs. Arun Kumar Bhuwalka
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Nov-28-1991
Reported in: (1992)40ITD373(Kol.)
1. Aggrieved against the order of the learned CIT(A) deleting the penalty of Rs. 1 lakh imposed by the ITO under Section 271B, the present appeal has been filed.2. The assessee runs a proprietary concern having year ended Diwali 23-10-1984 as the accounting year. The assessee had turnover during the previous year ending Diwali 1984 of Rs. 3,16,18,425 and, therefore, the assessee came under the obligation of Section 44AB to obtain the audit report within a period stipulated for filing of the return under Section 139(1) of the Income-tax Act. The due date for filing of the return for the assessment year 1985-86 was 30-6-1985. Since this was the first assessment year for obtaining audit report under Section 44AB the Board as per its Circular No. 422, dated 19-6-1985 directed that penalty proceedings under Section 44AB should not be initiated for the assessment year 1985-86 where - (i) audit report prescribed under Section 44AB read with rule 6G has been obtained by 30-9-1985; and (ii) th...
Tag this Judgment!Viraj Technocom Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Nov-28-1991
Reported in: (1992)40ITD365(Kol.)
1. Since these two appeals are filed by the same appellant and involve common contentions, they were heard together and are disposed of by a common order for the sake of convenience.2. These appeals are directed against the penalties levied against the appellant under Section 271(1)(c) of the Income-tax Act, 1961 for alleged concealment of income. The facts of the case are the following.3. The appellant is a company which was incorporated on 22-2-1983, for the purpose of carrying on business inter alia as manufacturers, dealers, importers, exporters, commission agents of all types of wires, G.I. Wires, M.S. wires, Iron & Steel converters, High Tensile prestressed and concrete strended wires, H.B. wires etc., and to carry on business of financiers of industrial, commercial, other enterprises and general financiers, film financiers etc. We are concerned with the assessment years 1984-85 and 1985-86 for which the previous years ended on 31-3-1984 and 31-3-1985 respectively.4. For the...
Tag this Judgment!Commissioner of Income-tax Vs. Tungabhadra Industries Ltd.
Court: Kolkata
Decided on: Nov-28-1991
Reported in: (1992)108CTR(Cal)233,[1994]207ITR553(Cal)
Ajit K. Sengupta, J.1. There are two consolidated references for the assessment year 1984-85 made by the Tribunal under Section 256(1) of the Income-tax Act, 1961, one at the instance of the assessee and the other at the instance of the Revenue. At the instance of the Revenue, 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 justified in holding that the sum of Rs. 4 lakhs payable as premium is allowable revenue expenditure over a period of seven years and, therefore, for the assessment year 1984-85, one-seventh of the sum of Rs. 4 lakhs should be allowed as a deduction ?'2. The following questions of law have been referred at the instance of the assessee :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to a deduction of Rs. 57,643 only and not of the entire amount of Rs. 4 lakhs being premium payable on debentu...
Tag this Judgment!Commissioner of Income-tax Vs. India Foils Ltd.
Court: Kolkata
Decided on: Nov-28-1991
Reported in: (1992)106CTR(Cal)125,[1993]200ITR259(Cal)
Ajit Kumar Sengupta, J. 1. The assessee is a limited company engaged in the business of manufacture and sale of aluminium foils. The assessment year involved is 1980-81. The assessee claimed deduction of the following three items of excise duty while computing the business income :(Rs.)(1) Demand notice dated August 3, 19792,57,364(2) Demand notice dated September 20, 197956,84,425(3) Estimated liability not covered by demand notice25,30,0002. The case of the assessee before the Income-tax Officer was that it was not liable to excise duty. It moved the High Court to pass an interim order restraining the central excise authorities from realising the duty. By a notification dated December 13, 1980, the Government exempted aluminium foils from payment of duty if they are made for export. This exemption became effective from January 5, 1981, i.e., subsequent to the previous year under consideration. The Income-tax Officer disallowed theclaim of the assessee on the ground that the excise du...
Tag this Judgment!May Flower Nursing Home Vs. Third Industrial Tribunal
Court: Kolkata
Decided on: Nov-28-1991
Reported in: (1992)2CALLT167(HC)
Susanta Chatterji, J.1. The present writ petition has been filed by the petitioner challenging the impugned order dated 24th June, 1987 and award dated 17th November, 1988 being Annexure 'E' and 'H' to the writ petition made by the respondent No. 1 and for other consequential reliefs on the ground that the respondent No. 1 erred in law in holding the plea of the domestic servant has since been not proved and the impugned order suffers from various irregularities and illegalities. It is stated in detail that the respondent No. 3, Sk. Lokman joined the residence of Dr. Mabud as a domestic servant in 1975 for doing house-hold duties and on 29th January, 1981 the said respondent No. 3 ran away after committing theft of a wrist watch of his master for which a diary was lodged at the Park Street Police Station. It is alleged that sometime thereafter Dr. Mabud started receiving letters from the respondent No. 5 that his service was illegally terminated in violating the provisions of The Indus...
Tag this Judgment!Md. Azadul Haque Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-28-1991
Reported in: (1992)2CALLT498(HC)
Susanta Chatterji, J.1. Having heard Mr. Hirak Mitra, the learned lawyer appearing for the writ petitioner and Mrs. Sengupta, the learned lawyer for the State respondents, it appears that the present writ petition has been filed for issuance of a writ of Mandamus commanding the respondents to give effect to the panel prepared earlier by the Selection Committee and to give the petitioner appointment in the post of Development Officer in the said Integrated Co-operative Development Project (I.C.D.P.) in the district of Nadia.2. It is stated in detail that in response to an advertisement, copy of which is annexure 'A' to the writ petition, inviting: applications for appointment of officers in Nadia District Control Co-operative Bank Ltd., the petitioner applied being fully eligible and having necessary qualification. It is stated further that after the successful interview, a panel was prepared and the petitioner was ranked at the top of the said panel. It is however submitted by Mrs. Sen...
Tag this Judgment!In Re: Bihar Coal Trader
Court: Kolkata
Decided on: Nov-27-1991
Reported in: (1992)2CALLT465(HC)
Susanta Chatterji, J.1. The present writ petition is being moved on notice to the concerned respondents. Heard the learned Advocates for the writ petitioner, for the Union of India and the Coal Controller, for the State of Bihar and considered the materials on record.2. The writ petitioner has come to this Court seeking reliefs, inter alia, for a Writ of Mandamus commanding the respondents to allow the petitioner to purchase, sell and/or deal in non-coking coal particularly middlings/rejects having ash content more than 35% without any licence as envisaged under the Bihar Trade Articles (Licence Unification) Order, 1984 so far as the same imposes restrictions upon consumption of non-coking coal and the said Order of 1984 is void, bad, and illegal in view of the notification dated 30th November, 1974 passed earlier. There is a further prayer to command the respondents not to apply the provisions of the said Order, 1984 and Section 7 of the Essential Commodities Act, 1955 in respect of p...
Tag this Judgment!Commissioner of Income-tax Vs. Mohanlal Bhagwati Prosad
Court: Kolkata
Decided on: Nov-26-1991
Reported in: [1993]204ITR234(Cal)
Ajit Kumar Sengupta, J.1. In this reference under Section 256(2) of the Income-tax Act, 1961 (for short, 'the Act'), for the assessment year 1984-85, 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 interest paid by the firm to its partners cannot be disallowed under Section 40(b) of the Income-tax Act, 1961, as the partners were representing their Hindu undivided family in the firm and the interest were paid to them in their individual capacity ? 2. Whether, having regard to the fact that the three Explanations inserted by the Taxation Laws (Amendment) Act, 1984, were with effect from April 1, 1985, the Tribunal was justified in law in holding that they were only clarificatory in nature and must govern assessments prior to the assessment year 1985-86 and in that view directing to delete the add back of interest paid to the partners in their individual, c...
Tag this Judgment!Commissioner of Income-tax Vs. Borhat Tea Co. Ltd.
Court: Kolkata
Decided on: Nov-26-1991
Reported in: [1993]203ITR987(Cal)
ORDER--Proceeding on ground rate of tax applied was wrong--Double taxation avoidance agreement provided for 15% tax on deposit w.e.f. 23-11-1981--Deposit renewed after coming into force of agreement--RenewalHELD :When a matured deposit is discharged or renewed, a fresh contract or deposit is created. On a true and proper interpretation of art. 12(2) of the double taxation avoidance agreement when the deposits have been renewed after the coming into force of the aforesaid convention, such renewal amounted to a fresh deposit and, therefore, the deposit was first created after the coming into effect of the convention of double taxation avoidance agreement and accordingly the provisions of article 12(2) will apply. The Tribunal was justified in law in holding that there was no error in the assessment order of the ITO and so the CIT was not justified in annulling the order of the ITO under s. 263.APPLICATION :Also to current assessment years.Income Tax Act 1961 s.90 Double taxation avoidanc...
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