Kolkata Court December 1991 Judgments
Biswanath Pasari Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Dec-31-1991
Reported in: (1992)41ITD6(Kol.)
1. These two appeals by the assessee and the Department are inter-connected and arise out of the same appellate order of the CIT(Appeals). Hence they were heard together and are disposed of by a common order for the sake of convenience.2. These appeals arise out of the income-tax assessment of Shri Biswanath Pasari, the assessee herein, who is assessed in the status of an individual. The assessee is the sole proprietor of M/s. Neeraj Trading Co. having its Head Office at Calcutta and branches at Delhi and Bombay. He is also the Constituted Attorney of another business concern known as M/s. Luxmi Traders in which, his sons are partners. We are concerned in this appeal with the assessment year 1984-85 for which the previous year ended on 31-3-1984.3. In the assessee's appeal, the only objection that was pressed before us by the assessee's learned Counsel was regarding the levy of interest under Section 217 of the Income-tax Act, 1961 amounting to Rs. 2,20,896. The ITO did not give any r...
Tag this Judgment!Assistant Commissioner of Vs. Guru Nanak Estates
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Dec-30-1991
Reported in: (1992)40ITD550(Kol.)
1. The Revenue objects to the order of the CIT (Appeals) on the following ground: On the facts and in the circumstances of the case, the learned CIT (A) erred in law and in fact in allowing the benefit of fictitious loss of Rs. 5,11,680 which was not in existence after settlement of income at Rs. 7,60,000 and thereby deleting the undisclosed income of Rs. 5,11,680 representing cash balance.2. This appeal arises out of the income-tax assessment of M/s. Guru Nanak Estates, the assessee herein, which is a partnership firm carrying on business as builders. The assessment year is 1985-86 for which the previous year ended on31-3-1985. For this year, the assessee filed are turn on 30-7-1987 declaring a loss of Rs. 20,916. The ITO, however, completed the assessment on a total income of Rs. 4,90,764 under Section 143(3) of the Income-tax Act, 1961 by his order dated 29-3-1988. In computing this income, the ITO added a sum of Rs. 5,11,680 as the undisclosed concealed income of the assessee unde...
Tag this Judgment!Bhuban Mohan Mitter Charitable Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Dec-30-1991
Reported in: (1993)45ITD617(Kol.)
1. These appeals are filed by one of the Trustee of Bhuban Mohan Mitter Charitable Trust in respect of penalties levied on the deceased late Shri J.P. Mitter.2. The assessment of late Shri J.P. Mitter who died on 5-5-1981 was completed on 16-10-1971 on an income of Rs. 19,705. Subsequently the ITO issued a notice dated 20-3-1978 under Section 148 which was received by the deceased on 23-3-1978. The said notice was challenged by way of writ petition on 3-4-1978 wherein the High Court granted interim injunction. The deceased made a will on 15-4-1991 bequeathing his property to the trustees to hold the same for the purposes stated in the said will. The will was probated on 6-7-1984 in Probate Case No.121 of 1983. The deceased had two wives. The first wife died on 6-8-1983 and the second died on 26-3-1981. The writ was dismissed on 25-9-1985 i.e., after the death of the deceased. No return was filed by the deceased as the writ petition was pending. The trustees also did not file any retur...
Tag this Judgment!Hind Marketing Corpn. (P.) Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Dec-27-1991
Reported in: (1992)40ITD476(Kol.)
1. The appellant objects to the order of the CIT (Appeals) sustaining the rejection of its claim for deduction of a sum of Rs. 3 lakhs as business loss by the Assessing Authority.2. This appeal arises out of the Income-tax assessment of M/s. Hind Marketing Corporation (P.) Ltd., appellant herein. The assessment year is 1973-74 for which the previous year ended on 31-12-1972. The assessee carried on business in money lending and agency business. In its return of income for this year, the assessee had claimed a sum of Rs. 3 lakhs as loss on the sale of shares held by it in M/s. Madras Vanaspati Ltd. and claimed this loss as business loss.3. The Income-tax Officer disallowed this claim on the ground that the assessee failed to furnish the details regarding the sale of investment and for want of evidence. The assessee took up the matter in appeal but without success. It, therefore, preferred a further appeal to the Tribunal which was disposed of by the Appellate Tribunal "A-Bench", Calcut...
Tag this Judgment!Assistant Commissioner of Vs. Jamuna Flour and Oil Mills (P.)
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Dec-27-1991
Reported in: (1992)41ITD260(Kol.)
Order, not charging tax, on market fee collected on wheat products received from various parties, was not erroneous and prejudicial as the same was held on behalf of govt. and deductible as per method regularly followed by the assessee.The sum representing market fee collections is not liable to tax in the hands of the assessee and, at any rate, it would be allowable as an admissible deduction on the mercantile system of accounting which is being regularly followed by the assessee. The assessment order sought to be revised by the Commissioner was not erroneous insofar as it was prejudicial to the interests of the revenue.1. These two appeals relate to the same assessee and for the same assessment year. Hence, they were heard together at the request of the parties and are disposed of by a common order for the sake of convenience.2. These appeals arise out of the income-tax assessment of M/s. Jamuna Flour & Oil Mills (P.) Ltd., the assessee herein. The assessment year is 1984-85 for...
Tag this Judgment!Star Paper Mills Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Dec-26-1991
Reported in: (1992)42ITD172(Kol.)
1. This is an appeal against the order of the CIT (Appeals) sustaining a penalty of Rs. 2,25,544 levied under Section 273(2)(a) of the Income-tax Act, 1961.2. This appeal arises out of the income-iax proceedings of M/s. Star Paper Mills Ltd., the appellant herein. The assessment year 1976-77, for which the previous year ended on 31-3-1976, the appellant carries on business in the manufacture and sale of paper. The appellant filed its return of income for this year on 28-9-1976 declaring a total income of Rs. 3,45,94,013 which later on revised by a revised return filed on 22-1-1979 as Rs. 3,40,91,560. The total income finally assessed for this year amounted to Rs. 3,53,25,310 alter giving effect to the appellate orders of the Appellate Tribunal dated 6-11-1985.3. Before completing the assessment under Section 143(3) on 21-1-1980 on a total income of Rs. 3,63,06,800, the IAC, Range-VI (Central), Calcutta initiated penal action under Section 273(2)(a) of the Act against the assessee for ...
Tag this Judgment!Jay Engineering Works Ltd. and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-20-1991
Reported in: 96CWN774,[1992(65)FLR302],(1993)IIILLJ779Cal
Kalyanmoy Ganguli, J.1. This application under Article 226 of the Constitution of India, inter alia, challenges an order passed on 31 March 1990, issued by the Deputy Secretary, Labour Department, Government of West Bengal, refusing permission under Section 25-O of the Industrial Disputes Act, 1947, as amended, to close down one of the undertakings of the petitioners. The impugned order has been annexed to the writ petition marked with the letter B. 2. The petitioners also pray for a declaration that Section 25-O of the Industrial Disputes Act, 1947, as amended by Section 14 of the Industrial Disputes (Amendment) Act, 1982, is ultra vires Article 19(1)(g) of the Constitution of India. 3. Elaborate arguments were made by all the parties and such elaborate arguments only succeeded in confusing the real issues involved in the case. The matter itself is not as complicated as it was sought to be made by both the parties. Petitioner 1 is engaged, inter alia, in one of its independent and sep...
Tag this Judgment!indo Metal Industries Vs. Asstt. Collector of Central Excise
Court: Kolkata
Decided on: Dec-20-1991
Reported in: 1992(59)ELT35(Cal)
ORDERRuma Pal, J.1. The subject matter of this writ application is an order dated 6th March 1991 passed by the Assistant Collector of Central Excise Calcutta rejecting the petitioner's application for refund of monies paid by the petitioner to the Excise Authorities in excess of what was lawfully due.2. The petitioner carries on business of copper coating and coiling of welding wires, anodizers and electro-platings (hereinafter referred to as the goods). In 1975 the Excise Authorities conducted a raid on the petitioner's factory and seized the goods on the ground that the petitioner was carrying on business in violation of the provisions of the Central Excises and Salt Act, 1944 (hereinafter referred to as the Act). Proceedings were commenced against the petitioner and an adjudication order was passed classifying the goods produced by the petitioner under Tariff Item No. 50 of the First Schedule of the Act as it then stood. The petitioner preferred an appeal from the adjudication order...
Tag this Judgment!Sewa Singh Vs. K.C. Kanungo
Court: Kolkata
Decided on: Dec-20-1991
Reported in: 1992CriLJ2569
ORDERSunil Kumar Guin, J.1. This criminal revision is for quashing the proceeding being Special Case No. 12 of 1976 pending before the learned Additional Sessions Judge (Special Court), Asansol. It appears that the petitioner a Senior Electronic Data Processing Manager of Indian Railways who is now posted at Bombay was posted at Chittaranjan Locomotive Works in 1969 as District Controller of Stores and that the offence is alleged to have been committed sometimes in 1969. It has been alleged that eight wagons loaded with steel plates and/or cuttings were despatched between 23-9-69 and 15-10-70 in the names of different firms which are alleged to be bogus ones and that the accused persons including the present petitioner entered into criminal conspiracy with each other and in pursuance thereto cheated the Railway Department by despatching eight wagons of new steel plates and steel plate cuttings from Chittaranjan Locomotive Works against bogus railway receipt and forwarding notes and the...
Tag this Judgment!Ashoke Kumar Majumdar Vs. United Bank of India and ors.
Court: Kolkata
Decided on: Dec-19-1991
Reported in: (1992)2CALLT15(HC),[1992(65)FLR512],(1993)ILLJ471Cal
ORDERParitosh Kumar Mukherjee, J. 1. The writ petitioner, Sri Ashoke Kumar Majumdar was a Sub-staff in the United Bank of India, Head Office, Govt. Transaction Department 2. In tile instant writ petition, the petitioner has challenged an order of termination of service dated June 9, 1983 issued by the Chief Officer, Personnel Department, United Bank of India, whereupon by invoking paragraph 522(1) of the Sastry Award, the petitioner's service has been terminated with immediate effect, with three months pay and allowances, a copy of which has been annexed as Annexure 'B' to the writ petition.3. Mr. Phalguni Sarkar, learned Advocate, with his leader Mr. Ashoke De, learned Advocate, appearing on behalf of the writ petitioner, has formulated the following points for consideration by this Court.4. Firstly, it is submitted that no formal 'charge-sheet' having been issued in respect of the alleged absence from the duty, the respondents-Bank authorities are not entitled to inflict the punishme...
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