Kolkata Court January 1992 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Moi Engineering Ltd. and anr. Vs. Appropriate Authority and ors.
Court: Kolkata
Decided on: Jan-17-1992
Reported in: (1992)2CALLT28(HC),[1992]198ITR270(Cal)
Ruma Pal, J.1. On April 17, 1989, the petitioners jointly entered into an agreement with one K. S. Binayak for sale of certain land, building, structure and machinery at a price of Rs. 1,50,000. The petitioners and the transferee filed a statement under Section 269UC of Chapter XXC of the Income-tax Act, 1961 (referred to as 'the Act'), before respondent No. 1 being the appropriate authority for considering whether the Central Government would purchase the immovable property being the subject-matter of the sale under Section 269UD(1) of the Act.2. By an order dated June 12, 1989, the appropriate authority, being respondent No. 1, held that the statement was premature inasmuch as the agreement dated April 17, 1989, could not be implemented by reason of the restrictions contained in the Urban Land (Ceiling and Regulation) Act, 1976 (referred to as the '1976 Act'). It was stated that unless the proceedings under the 1976 Act were completed, no statement could be filed. This is the first o...
Shaw Wallace and Co. Ltd. and anr. Vs. Central Board of Direct Taxes a ...
Court: Kolkata
Decided on: Jan-17-1992
Reported in: [1992]196ITR241(Cal)
Suhas Chandra Sen, J.1. This writ petition was moved on April 17, 1986. A direction for affidavits was given on that date. No affidavit has been filed even till now. The dispute is about the interpretation of Section 80-O of the Income-tax Act. The petitioners had made two applications to the Board both dated September 19, 1980, for approval of two agreements, one dated June 15, 1978, and the other dated July 16, 1979, with M/s. General Navigation and Commerce Co., Dubai, U.A.E. The Board has summarised the agreements in the following manner :'Under the agreements dated June 15, 1978, and July 16, 1979, you were required to provide the services of S/Shri A. C. Bera and P. D. Dasgupta, respectively, in relation to the provision of system analysis and programming services. Apart from this, the agreements do not mention anything specifically about the actual services, if any, to be rendered by you. You have contended that the technical services are actually being rendered by you to the fo...
Commissioner of Income-tax Vs. East India Charitable Trust
Court: Kolkata
Decided on: Jan-16-1992
Reported in: [1994]206ITR152(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1982-83, the following questions of law have been referred to this court :R. A. No, 1475/(Cal) of 1986 : '(1) Whether, on the facts and in the circumstances of the case, the Income-tax Officer was correct in law in holding that the investment in public sector undertakings was a capital asset within the meaning of Section 2(14) of the Income-tax Act, 1961 ? (2) Whether the finding of the Tribunal that the assessee-trust had invested in the units of the Unit Trust of India during the relevant previous year was based on proper evidence and materials ? (3) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the entire sale proceeds from shares were invested in the acquisition of other capital assets within the meaning of Section 11(1A) of the Income-tax Act, 1961? (4) Whether the Income-tax Appellate ...
Commissioner of Income-tax Vs. India Steamship Co. Ltd.
Court: Kolkata
Decided on: Jan-16-1992
Reported in: [1992]196ITR917(Cal)
Ajit K. Sengupta, J.1. Pursuant to the decision of the Supreme Court, the following questions of law have been referred under Section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue for the assessment year 1972-73 :' 1. Whether, on the facts and in the circumstances of the case, the finding and/or conclusion of the Tribunal that the sum of Rs. 1,13,62,848 being the amount of interest payment made by the assessee for purchase of two vessels was spent for the purpose of acquisition of the assessee's business assets and as such the assessee is entitled to capitalise such interest on deferred liability are vitiated in law or are otherwise unreasonable and/or perverse ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the interest payment on loan prior to delivery of the ships amounting to Rs. 7,55,746 and Rs. 8,54,383 and other expenses of Rs. 2,89,616 and Rs. 3,34,844 should be capitalised for the purpose of de...
Assistant Commissioner of Income Tax Vs. Bharat Exports Ltd.
Court: Kolkata
Decided on: Jan-16-1992
Reported in: (1993)45TTJ(Cal)522
ORDERP. PRADHAN, A. M. :This appeal is by the Department against the CIT(A)s order dt. 24th Aug., 1989 for the asst. yr. 1986-87.2. The only ground of appeal in this case is regarding the CIT(A)s finding that the assessee-company is an industrial undertaking and thereby directing the Assessing Officer to allow deduction under S. 80T of the IT Act. The ITO did not allows S. 80-I deduction to the assessee on the ground that the assessee purchases woollon carpet/jute carpets from the carpet manufacturers and sells them as carpets to Hindusthan Motors after doing some processing work like, stiching, etc., according to the buyers specification. In this view of the matter, the ITO held that the assessee does not manufacture any articles and hence, he disallowed the assessees S. 80-I claim.3. The assessee went in appeal to the CIT(A) who allowed the assessees claim and directed the Assessing Officer to allow S. 80-I deduction to the assessee. In this connection, the CIT(A) has referred the de...
Harish Chandra Mondal and anr. Vs. Sm. Menoka Bala Dasi and ors.
Court: Kolkata
Decided on: Jan-15-1992
Reported in: (1992)1CALLT418(HC)
Jyotirindra Nath Hore, J.1. This is an appeal against the judgment and decree dated 5.6.75 passed by the learned Additional District Judge, 6th Court, Alipore in Title Appeal No. 192 of 1974 reversing those of the learned Munsif, 2nd Court, Baruipur in Title Suit No. 276 of 1959 dated 22.1.74.2. The facts of the case are briefly as follows :The suit property-two danga plots and a homestead land in one block- originally belonged to one Ramanath Naskar, who died leaving his wife Bhubaneswari Dasi, one son Bankubehari and two daughters Haramoni (mother of the plaintiff) and Menoka Bala, defendant-respondent No. 1. Ramanath had also left a little more than six bighas of paddy land subject to a mortgage. All the lands were inherited by the son who died unmarried leaving the mother as sole heiress. Bhubaneswari thus inherited the suit lands as a limited owner. She had during the lifetime of the son sold away the paddy lands to the eldest daughter subject to the mortgage as guardian of the mi...
Commissioner of Wealth Tax Vs. M. P. BirlA.
Court: Kolkata
Decided on: Jan-15-1992
Reported in: (1993)111CTR(Cal)228
AJIT K. SENGUPTA, J. :In this reference under s. 27(3) of the WT Act, 1957 for the asst. yrs. 1981-82, 1982-83 and 1983-84 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 computing the value of the unquoted shares of East India Investment Co. (P) Ltd. on the basis of adopting the average of the break-up value and the value arising out of capitalisation method 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in granting exemptions under ss. 5(i)(iv)(b) and 5(1)(ix) of the WT Act, 1957 out of the assessees interest in the Partnership firm, M/s. Kumaon Orchard, included in the net wealth of the assessee ?'2. It is not dispute that the second question is concluded by the decision of this Court in the case of L. N. Birla vs . CWT reported in : [1987]168ITR86(Cal) . Following the said decision we answer the second question in the affirmative ...
Cultural Enterprises Corporation Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jan-14-1992
Reported in: [1992]196ITR488(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1977-78, 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 holding that the expenditure of Rs. 35,000 on repairsof the house property at 7A, Tiljala Road, Calcutta, was a capital expenditure not deductible in computing the income from the said property ?'2. Shortly stated, the facts are that the assessee-firm claimed deduction of Rs. 59,888 as expenditure for repairs of the house property at Tiljala Road, and 39, Dr. Sundari Mohan Avenue, Calcutta, for the assessment year 1977-78. The Income-tax Officer disallowed the claim of the assessee on the ground that the amount was spent by the assessee for renovation of the buildings referred to above.3. The assessee appealed to the Commissioner of Income-tax (Appeals).4. The Commissioner of Income-tax (Appeals) after going through t...
Malwa Sugar Mills Co. Ltd. Vs. Asstt. Commissioner of
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jan-13-1992
Reported in: (1992)41ITD238(Kol.)
1. This appeal by the assessee is directed against the order of the CIT(A) dated 15-1-1988 for the assessment year 1985-86.2. The assessee is a Public Limited Company manufacturing sugar. It follows mercantile system of accounting. In this appeal, the assessee contests the disallowance of the liability to pay interest on the amounts credited by it to the Sugar Cess Fund. The other ground of appeal is with regard to investment allowance on Weighbridge and Scale.3. The claim with regard to the interest on the amounts credited by the company to the Sugar Cess Fund was made under the following circumstances. The Government of India, through notifications dated 28-11-1974 and 11-7-1975 bifurcated the country into different zones for the purpose of fixing the prices of levy sugar. Different prices were fixed for different zones. This zonal classification was contested by the assessee and other few sugar mills in writs filed before the High Court. Pending final disposal of the writ petitions...
Star Iron Works Pvt. Ltd. Vs. Eastern Railway and ors.
Court: Kolkata
Decided on: Jan-13-1992
Reported in: AIR1992Cal238
ORDER1. This is a writ application onthe part of the writ petitioners in substance for preservation of their rights of exclusive user of a 12 foot wide gate. As indicated in a map in the Affidavit-in-Reply, the said gate happens to be exactly opposite a gate of the factory of the first writ petitioner.2. The gate has been used by the same people from 1930 continuously until now and it was originally put up by the predecessor of the first writ petitioner. From 1966 tbe matter of exclusive user received some regular treatment in that a grant of an exclusive licence for 5 years was made in 1966 in favour of the first writ petitioner. Such grant of licence con-tinued until the expiry of the year 1985. The licence fee at that time was Rs. 100/- per year.3. It is the case of the respondent authority that by a letter dated 26th February, 1986, the licence of the writ petitioner was ineffect decided not to be further renewed. The service of that letter upon the writ petitioners is seriously di...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »