Kolkata Court November 1991 Judgments
Commissioner of Income-tax Vs. Rydak Syndicate Ltd.
Court: Kolkata
Decided on: Nov-26-1991
Reported in: [1993]203ITR1005(Cal)
Ajit K. Sengupta, J. 1. As directed by this court under Section 256(2) of the Income-tax Act, 1961, the following two questions have been referred by the Tribunal at the instance of the Revenue for our opinion : '(i) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the amount shown in the share premium account though not received in cash was not hit by Explanation 2 to Rule 2 of the Second Schedule to the Companies (Profits) Surtax Act (ii) Whether, on the facts and in the circumstances, of the case, the Tribunal was correct in law in holding that the amount credited in the share premium account that arose out of amalgamation was otherreserve within the meaning of Rule 1(iii) of the Second Schedule to the Companies (Profits) Surtax Act, 1964, and would be includible in computing the capital for the purposes of the said Act ?' 2. The facts found and/or admitted in this case are that the assessee-company follows the calendar yea...
Tag this Judgment!Commissioner of Wealth-tax Vs. Jugal Kishore Bhagat
Court: Kolkata
Decided on: Nov-26-1991
Reported in: [1992]197ITR250(Cal)
Ajit K. Sengupta, J. 1. In this reference under Section 27(1) of the Wealth-tax Act, 1957, for the assessment years 1969-70, 1970-71 and 1971-72, the following common question of law has been referred to this court : ' Whether, on the facts and in the circumstances of the case and on a correct interpretation of Section 5(1)(iv) of the Wealth-tax Act, 1957, the Income-tax Appellate Tribunal was justified in law in holding that the assessee was entitled to deduction under Section 5(1)(iv) of the Wealth-tax Act, 1957, in respect of his leasehold property?'2. The disputes relate to the assessee's claim for exemption under Section 5(1)(iv) of the Wealth-tax Act, 1957, in respect of the property at 15, Shib Thakur Lane, Calcutta. The Wealth-tax Officer noticed that the assessee had taken a lease of this building for 35 years with an option for a further renewal for 35 years. The value of the leasehold property was not disclosed in the return in the first instance. Later, the assessee showed ...
Tag this Judgment!Uco Bank Vs. Commissioner of Income Tax.
Court: Kolkata
Decided on: Nov-25-1991
Reported in: (1993)111CTR(Cal)256
AJIT K. SENGUPTA, J. :In this reference under s. 256(1) of the IT Act, 1961, for the asst. yrs. 1962-63, 1973-74 and 1974-75 the following common question of law has been referred to this Court :'Whether, on the facts and in the circumstances of the case, and in view of the Circular dt. 6th October, 1952 of the CBDT r/w the subsequent Circular dt. 9th Oct, 1984 issued by the same authority, the Tribunal was right in confirming the taxing of the interest on the sticky advances as the income of the assessee even though they were credited to a suspensea account and not to the Profit & Loss Account ?'2. Shortly stated the facts are that the assessee is a nationalised bank deriving income from business in banking activities.3. The ITO made additions of Rs. 2,38,739, Rs. 12,97,506, and Rs. 18,84,752 to the disclosed income of the assessee respectively during the three years under consideration. These amounts represented interest on sticky advances which were debited to the debtors accounts b...
Tag this Judgment!Sonar Airotech Pvt. Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Nov-20-1991
Reported in: [1993]204ITR304(Cal)
Ajit K. Sengupta, J. 1. In this reference under Section 256(2) of the Income-tax Act, 1961, for the assessment years 1981-82 and 1982-83, the following questions have been referred to this court :'1. Whether the findings of the Tribunal that (a) the salaries paid to the directors were excessive considering their qualifications and services rendered by them, and (b) the salaries paid to them were excessive having regard to the business needs of the company are supported by any evidence ? 2. Whether the judgment of the Tribunal is vitiated by reason of its findings that the profits of the business in the assessment year 1981-82 was less than in the assessment year 1979-80, which finding is perverse being contrary to evidence ? 3. Whether the determination of the remuneration of the directors by the Tribunal was in accordance with law ? 4. Was the Tribunal justified in determining the total remuneration of the directors having proceeded only on the basis of the salaries?' 2. Shortly state...
Tag this Judgment!Raghu Nandan Mondal Vs. the Appeal Committee, West Bengal Board of Sec ...
Court: Kolkata
Decided on: Nov-20-1991
Reported in: (1992)1CALLT219(HC)
Khwaja Mohammad Yusuf, J.1. A petition was filed under Article 227 of the Constitution of India by the petitioner with the prayer for a direction upon the respondents particularly the Appeal Committee of the West Bengal Board of Secondary Education to hear out the appeal which was preferred on 15th June, 1989 as well as against the order of suspension of the petitioner dated 5th June, 1989 passed by the Headmaster of Bhaluka R. M. M. M. Vidyapith (H. S.) in the District of Malda. I granted the order of status quo on 19th June, 1989. When the matter came up for hearing on 28th June, 1989 a question of importance cropped up as to whether a revisional application can be moved without the certified copy of the order complained of and whether without the certified copy the Court can entertain and proceed with the application under Article 227. In fact, the point of maintainbility of the application under Article 227 of the Constitution without a certified copy was raised and it became neces...
Tag this Judgment!Union of India (Uoi) Vs. Sanwarmal Modi
Court: Kolkata
Decided on: Nov-19-1991
Reported in: (1992)2CALLT325(HC),1993LC434(Calcutta)
A.K. Chatterjee, J.1. This appeal by special leave under Section 378(4), Code of Criminal Procedure is directed against the acquittal of the respondent who had faced a trial before a competent Magistrate on charges under Section 135(b)(ii) of the Customs Act, 1962 and Section 85 of the Gold (Control) Act, 1968 on the allegations that on the 19th March, 1974 at about 9 a.m., his bed room at premises No. 10, Tara Chand Dutta Street, Calcutta was searched by the officials of Calcutta Customs and a gold bar Ext. I, of foreign origin weighing 116.60 gms, a gold stick Ext. II, weighing 67.70 gms, eight pieces of sovereigns Ext. III weighing 63.55 gms and three pieces of gold Ext. IV weighing 21.30 gms. were recovered from an almirah, the key of which was produced by the respondent. As he could not explain his possession of gold of foreign origin and primary gold, it was seized under a seizure list Ext. 10 and on the same date he made a voluntary statement Ext. 7, under Section 108 of the Cus...
Tag this Judgment!Rabindra Nath Ghosal Vs. University of Calcutta and Others
Court: Kolkata
Decided on: Nov-18-1991
Reported in: AIR1992Cal207,(1991)2CALLT465(HC)
ORDER1. The main contention of the writ petitioner is for a direction upon the University of Calcutta to publish forthwith his complete results with regard to his performance at the M. A. Examination in Islamic History and Culture for the year 1983 along with his mark-sheet. This writ application was moved on on 14th May, 1991 when the Hon'ble High Court after hearing the same adjourned the matter for two weeks after the summer vacation. Immediately thereafter the petitioner's result was published on 12th July, 1991 declaring him unsuccessful in the Examination.2. The short case of the writ petitioner, Mr. Rabindra Nath Ghosal, is that he appeared in the M.A. Examination, 1983 in Islamic History and Culture of the Calcutta University which was held in November, 1984. His Roll No, was Cal(N) IHC 274 and Registration No. 35356 of 1970-71. He appeared as a private candidate, The result of this Examination was announced on 6th June, 1985 and the petitioner's result remained incomplete. He ...
Tag this Judgment!E.C. Bose and Company Pvt. Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Nov-13-1991
Reported in: 1994LC467(Calcutta),1992(58)ELT432(Cal)
ORDERSuhas Chandra Sen, J.1. This matter was appearing in the list for quite some time before the Vacation. It has been appearing in the list on and from Monday last. It has appeared today. Nobody appears at the first call. The prayer for adjournment was made. I am not inclined to grant this prayer because of the gross negligence on the part of the respondents in dealing with the case. Moreover, although directions for filing affidavits were given as early as on 14th August, 1991, no affidavit in opposition has been filed. This should have been filed within 4th September, 1991. There is no explanation why this was not done. Moreover, this is an unusual case where the petitioner has been subjected to a penalty for short-landing of goods which took place allegedly on 17th September, 1981. The notice of penalty was issued nearly seven years thereafter on 25th March, 1988. There is no explanation for such inordinate delay. The following four points have been noted in the order of Collector...
Tag this Judgment!Samiran Biswas Vs. Menoka Biswas
Court: Kolkata
Decided on: Nov-12-1991
Reported in: I(1992)DMC493
S.P. Rajkhowa, J.1. This appeal arises out of judgment and decree dated 24th March, 1987 passed by the learned Additional District Judge, 3rd Court, Nadia in Matrimonial Suit No. 113 of 1985. By the said judgment and decree the learned District Judge has dismissed the suit, of the plaintiff filed Under Section 13 of the Hindu Marriage Act seeking a decree divorce against his wife Menoka Biswas.2. It is evident from the plaint/petition filed by the plaintiff/appellant Under Section 13 of the Hindu Marriage Act that he has sought a decree of divorce on the ground of mental cruelty simpliciter.3. The respondent cantested the suit by filing a written statement denying the allegation that she has ever done any act of mental cruelty of any sort.4. The parties went to the trial mainly on the ground of mental cruelty. The learned judge has held that the plaintiff has failed to establish that his wife tortured him mentally and dismissed the suit.5. The only point that requires our consideration...
Tag this Judgment!Sankar Narayan Gooptu Vs. Wealth-tax Officer and ors.
Court: Kolkata
Decided on: Nov-11-1991
Reported in: [1994]205ITR628(Cal)
Ajoy Nath Ray, J. 1. In this application, the assessee-writ petitioner challenges the notice appearing at page 66 of the writ petition which is addressed to the assessee by the Valuation Officer of the Valuation Cell regarding the assessee's wealth-tax return. This notice has been issued on a reference by the Wealth-tax Officer to the Valuation Officer regarding the valuation for the purposes of wealth-tax of the life-term interest of the assessee in the building No. 5, Middleton Street, Calcutta. 2. The reference by the Wealth-tax Officer to the Valuation Officer had been made under Section 16A(1)(a) of the Wealth-tax Act, 1957, as it stood at the relevant time. The said portion of the enactment is set out below: ' 16A. Reference to Valuation Officer.--(1) For the purpose of making an assessment (including an assessment in respect of any assessment year commencing before the date of coming into force of this section) under this Act, the Wealth-tax Officer may refer the valuation of an...
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