Kolkata Court May 1991 Judgments
Commissioner of Income-tax Vs. National and Grindlays Bank Ltd. (Now K ...
Court: Kolkata
Decided on: May-31-1991
Reported in: [1993]202ITR559(Cal)
Ajit K. Sengupta, J.1. At the instance of the Commissioner of Income-tax, West Bengal-IV, the following questions of law were referred to this court under Section 256(2) of the Income-tax Act, 1961, for the assessment year 1968-69 :'(i) Whether, on the facts and in the circumstances of the case, and on a correct interpretation of Section 80B(5) of the Income-tax Act, 1961, defining the term gross total income, the Tribunal was justified in holding that the relief under Section 80M of the said Act was admissible on the gross amount of the dividend without deducting therefrom the proportionate management expenses and interest paid for earning the dividend ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to change the method of valuation of its closing stock and in that view allowing the deduction of Rs. 23,06,452 claimed by the assessee ? (iii) Whether, on the facts and in the circumstances of the case...
Tag this Judgment!Aktar Hamid Sheikh Vs. District Inspector of Schools (Se) and ors.
Court: Kolkata
Decided on: May-31-1991
Reported in: (1992)1CALLT201(HC)
Mahitosh Majumdar, J.1. The short point involved in this application is. as to whether the appointment of the petitioner can be approved or not. It is the admitted position that the petitioner has been working as an Assistant teacher in Islamganj High School, P.O. Bangaljhi, District Nadia since the year 1981. Copy of the application was duly served upon the West Bengal Madrasa Education Board but no one is present on behalf of the respondent No. 1 except Mr. Rabilal Maitra, learned Advocate appearing for the Headmaster of the School. Mr. Maitra appearing for the Headmaster of the school submitted that the petitioner has been serving in the Islamganj High School with effect from 1981, on the basis of a letter of appointment issued by the Secretary of the said School. An additional post was sanctioned in favour of the said School but the same was reserved for scheduled caste candidates.2. This case is a wholly sensitive one. The petitioner working in the School for about a decade has be...
Tag this Judgment!Hindustan Cables Ltd. Vs. Bombay Metal Company
Court: Kolkata
Decided on: May-30-1991
Reported in: AIR1991Cal350,(1991)2CALLT164(HC)
ORDERMonoranjan Mallick, J.1. This is an appeal against the Order dated 23rd Feb., 1979 passed by the Judge, 10th Bench, City Civil Court at Calcutta dismissing the appellant's application u/S. 34 of the Arbitration Act. Briefly the facts are as follows:--The appellant, Hindusthan Cables Limitedbeing interested in disposing of twenty items of scrap materials issued a tender being SPC-762/LSA-82 in various leading Newspapers between 16th March and 27th March, 1974. Pursuant to the aforesaid tender notice several interested parties submitted the quotation including the respondent in the prescribed form. The aforesaid tender documents specially under general terms and conditions of the said tender contains an arbitration clause which is as follows:-- 'All disputes and differences except the matters decisions whereof are specifically provided for under the clause of terms and conditions of this tender should be referred to the arbitration of the Managing Director of the Company or his nomi...
Tag this Judgment!Commissioner of Income-tax Vs. Century Enka Ltd.
Court: Kolkata
Decided on: May-30-1991
Reported in: [1992]196ITR447(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1978-79, 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 law in holding that the assessee was entitled to investment allowance and in directing the Income-tax Officer to give the assessee opportunity of creating a reserve before allowing the investment allowance ?'2. Shortly stated, the facts are that the assessee-company which is engaged in the manufacture of nylon yarn claimed investment allowance on a sum of Rs. 4,04,741 representing additional liability referable to acquisition of assets resulting from variation in the rate of exchange relatingto the foreign loan liability which has been added to the cost of plant and machinery. The Income-tax Officer, for the reasons given in his assessment order, did not accept the assessee's claim.3. On appeal, the Commissioner ...
Tag this Judgment!Basanti Rani Ghosh Vs. Manicklal Gupta and anr.
Court: Kolkata
Decided on: May-30-1991
Reported in: 1992ACJ498
Shamsuddin Ahmed, J.1. This appeal is directed against the judgment dismissing the claim for an award of compensation under Section 110-A of the Motor Vehicles Act passed by the learned Judge, Motor Accidents Claims Tribunal, Calcutta, 24-Parganas at Alipore in Motor Accident Claim Case No. 65 of. 1975.2. The claimant's case was that on 16.1.1975 at 1.30 p.m. Ajit Ghose aged about 7/8 years died as a result of motor accident involving a lorry bearing No. WBL 5852. The accident was claimed to have been caused by the carelessness and negligence on the part of the driver of the said lorry. O.P. No. 1, owner of the lorry, did not enter appearance and also did not contest the claim. The insurance company, O.P. No. 2, duly entered appearance and filed a written statement denying the allegation of negligence of driver of the vehicle.3. The learned Judge in deciding the claimant's case observed that in order to be entitled to compensation arising out of a death caused by a motor vehicle the cl...
Tag this Judgment!Calcutta Metropolitan Development Authority Vs. Gouranga Lal Chatterje ...
Court: Kolkata
Decided on: May-29-1991
Reported in: AIR1992Cal332,(1992)1CALLT369(HC)
ORDER1. In each of the above Award Cases the Calcutta Metropolitan Development Authority hereinafter referred as 'C.M.D.A.' has filed this application for setting aside the two Awards both dated 24-5-89 made and published by Shri B. C. Mitra and Shri J. K. Dasgupta, the Joint Arbitrators. The Award in the matter of Award CaseNo. 617 of 1989 relates to a contract for construction of Eastern Metropolitan Bye-pass and that of Award Case No. 618 of 1989 relates to a contract for construction of Barrackpore-Kalyani Express High Way. For the contract in connection with Eastern Metropolitan Bye-Pass and Park Circus Connectors the claim of the Contractor-respondent was Rs. 55,80,895.78 in respect of the items of the claim which are mainly for alleged additional work done, loss for idle labours and escalation of prices of diesel, lubricant and petrol during the excecution of the works.2. In the matter of contract for construction of Barrackpore-Kalyani Express High Way an additional amount of R...
Tag this Judgment!Commissioner of Income-tax Vs. Woodland Oil Co. (P.) Ltd.
Court: Kolkata
Decided on: May-29-1991
Reported in: [1992]195ITR852(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(2) of the Income-tax Act, 1961, for the assessment year 1975-76, 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 right in law in holding that sales tax liability of rupees one lakh five thousand and three hundred and ten only pertaining to the previous year ended December 31, 1970, arose when the demand notice was received in 1974 and was deductible in accounting the total income for the assessment year 1975-76 ?'2. Shortly stated, the facts leading to this reference are that the assessee claimed deduction of Rs. 2,21,386 during the year under appeal being liability for sales tax pertaining to the accounting years ending December 31, 1970, and December 31, 1971. The assessee's case beforethe Income-tax Officer was that it came to know for the first time on December 14, 1974, that it was under an obligation to pay sales tax on the goods ...
Tag this Judgment!Pradip Kumar Agarwalla Vs. the State
Court: Kolkata
Decided on: May-29-1991
Reported in: (1991)2CALLT159(HC)
Jyotirindra Nath Hore, J.1. These two revisional applications have been heard together as the same facts and questions of law are involved in both the cases. Both the petitions are Under Section 482 Cr. P. C. for quashing the impugned proceeding arising out of Alipurduar P.S. Case No. 289 of 1990 dated 18.11. 90 Under Section 7(1)(a)(ii) of the Essential Commodities Act for violation of paragraph 3 of the Declaration of Stocks and Prices of the Essential Commodities Order, 1977 and paragraph 18(1) of the West Bengal Rice and Paddy (Licensing and Control) Order, 1967.2. The petitioners in the two cases Pradip Kumar Agarwalla and Satya Narayan Agarwalla are partners of M/s. Satya Narayan Rice and Oil Mills and carry on business of rice milling and hold a licence. On 18.11.90 the District Controller, Food and Supplies, Jalpaiguri along with other officers of the Food and Supplies Department made a raid during Sunday which was a weekly holiday, at 11.30 A.M. and conducted search from 11.30...
Tag this Judgment!Orissa State Electricity Board Vs. Collector of Cus. (Appeals)
Court: Kolkata
Decided on: May-28-1991
Reported in: 1992(60)ELT209(Cal)
Umesh Chandra Banerjee, J.1. This appeal is directed against the order of a learned Single Judge dismissing the writ petition filed by the writ petitioner wherein the petitioner Orissa State Electricity Board prayed for issuance of a writ of mandamus commanding the respondents to cancel and/or rescind the orders passed by the Collector of Customs (Appeals) and the Assistant Collector of Customs and to refrain from giving effect or taking any steps in terms thereof or thereunder and to Refund to the writ petitioner a sum of Rs. 9,54,983.42 P.2. The principal contention of Mr. Mitter appearing in support of the appellant, is that the question of the refund application being barred under Section 27 of the Customs Act, 1962 does not and cannot arise.3. In order to appreciate the contentions raised, a brief reference to the facts ought to be noted at this juncture. It appears that the shipment of the imported goods was effected on 28th June, 1985 by the Orissa State Electricity Board and on...
Tag this Judgment!Kirkham Vs. Williams (inspector of Taxes.).
Court: Kolkata
Decided on: May-24-1991
Reported in: [1992]196ITR530(Cal)
24 May. The following judgments were handed down.NOURSE L. J. The question here is whether it was open to the general commissioners for the division of Macclesfiled to decide that the purchase, development and sale of a piece of land was an adventure in the nature of trade giving rise to a charge for income-tax under Case I of Schedule D. On an appeal by the taxpayer to the High Court by way of case stated, Vinelott J. held that it was. The taxpayer now brings a further appeal to this court. In both courts he has contended that the true and only reasonable conclusion from the facts found by the commissioners is that the transaction was not an adventure in the nature of trade.The facts are fully stated or referred to in the judgment of Vinelott. J. [1989] S. T. C. 333, where the case stated is also set out in full. I will restate the facts so far as the arguments advanced on this appeal make is necessary to do so.From June 1974 to November 1982 the taxpayer, Mr. William Brian Kirkham, w...
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