Kolkata Court January 1992 Judgments
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Malwa Sugar Mills Co. Ltd. Vs. Assistant Commissioner of Income Tax.
Court: Kolkata
Decided on: Jan-13-1992
Reported in: (1993)45TTJ(Cal)218
ORDERR. V. EASWAR, J.M. :This appeal by the assessee is directed against the order of the CIT(A), dt. 15th Nov., 1988 for the asst yr. 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 dt. 28th Nov., 1974 and 11th July, 1975 bifurcated the country into different zones for the purpose of fixing the price 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 dis...
Andhra Steel Corpn. Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jan-10-1992
Reported in: (1992)43ITD88(Kol.)
1. These two appeals are filed against the common order of the CIT(A) dated 29-10-1987 dismissing the appeals as incompetent and not in accordance with law.2. The appellant which is a public limited company was not functioning well, therefore, a committee of management was appointed by the High Court. The ITO made an ex parte assessment on 26-3-1987 for the assessment years 1975-76 and 1979-80. The memorandum of appeal in Form No. 35 was signed by one Sri B.K. Das for and on behalf of the company preferring appeal against the two assessment orders of the ITO stated above. The CIT{A) observed in the impugned order that as per Rule 45(2)(c) of the Income-tax Rules, 1962 the same should have been signed by the Managing Director of the company or by any Director of the company and since the same was signed by the Advocate it was not in accordance with Rule 45(2)(c) and, therefore, he dismissed the appeals as being incompetent and not as per law.3. At the time of hearing on 5-12-1991 Sri S...
Andhra Steel Corporation Ltd. Vs. Income Tax Officer.
Court: Kolkata
Decided on: Jan-10-1992
Reported in: (1993)45TTJ(Cal)6
ORDERABDUL RAZACK, J. M. :These two appeals are filed against the common order of the CIT(A) dt. 29th Oct., 1987 dismissing the appeals as incompetent and not in accordance with law.2. The appellant which is a public limited company was not functioning well, therefore, a committee of management was appointed by the High Court. The ITO made an ex parte assessment on 26th March, 1987 for the asst. yrs. 1975-76 and 1979-80. The memorandum of appeal in Form No. 35 was signed by one Sri B. K. Das for and on behalf of the company preferring appeal against the two assessment orders of the ITO stated above. The CIT(A) observed in the impugned order that as per r. 45(2) (c) of the IT Rules, 1962 the same should have been signed by the Managing Director of the company or by any Director of the company and since the same was signed by the advocate it was not in accordance with r. 45(2) (c) and, therefore, he dismissed the appeals as being incompetent and not as per law.3. At the time of hearing o...
Fosroc International Ltd. and anr. Vs. the Structural Waterproofing Co ...
Court: Kolkata
Decided on: Jan-09-1992
Reported in: AIR1992Cal300,96CWN687
ORDER1. This is an application by the defendant, the Structural Waterproofing Company Private Limited for an order staying the suit No. 200 of 1990 filed by Fosroc International Limited and another against the defendant the Structural Waterproofing Company Private Limited pending the disposal of the proceedings pending before the Registrar. The learned lawyer appearing on behalf of the petitioner submitted that by virtue of the provisions as contained in Section 111 of the Trade and Merchandise Marks Act. 1958, this court should stay the suit in view of the specific provision made under sub-section (a) of the said Section which provides that where in any suit for infringement of a trade mark the defendant pleads that the registration of the plaintiff's trade mark is invalid then the Court shall, where any proceedings in relation to the plaintiff's or the defendant's trade mark are pending before the Registrar or the High Court, stay the suit pending the final disposal of such proceedin...
Dr. Jnanendra Narayan Mukherjee and Others Vs. University of Calcutta ...
Court: Kolkata
Decided on: Jan-08-1992
Reported in: AIR1992Cal169,96CWN890
ORDERSusanta Chaterjee, J.1.As suggested and agreed by the learned lawyers appearing for the respective parties and in view of the similar points of facts and law are involved, this present case is taken up along with C. R. No. 6249(W) of 1979 and C. R. No.6250(W) of 1979. The attention of this Court has been drawn to the order of the Hon'ble Supreme Court in Special Leave Petition (Civil) No. 12249 of 1989 (Gopal Lal Ganguly v. University of Calcutta) dated 12th September, 1982 that the cases pending before the trial Court should be heard expeditiously as far as practicable. It was submitted before this Court by the learned lawyers appearing for the respective parties that in spite of repeated directions, the University Authorities have not filed all the relevant documents for effective adjudication of the matter in dispute. It has been recorded in the order dated 20-11-90 that Miss Nirmala Kumar Chaturbedi learned Advocate appearing for the University of Calcutta felt very much embar...
Bibhuti Bhusan Ghosh Vs. Income-tax Officer and ors.
Court: Kolkata
Decided on: Jan-08-1992
Reported in: [1993]203ITR536(Cal)
Suhas Chandra Sen, J.1. An order was passed on December 18, 1991, disposing of the case. Later, a prayer was made for further hearing. It was also mentioned that the petitioner was 88 years old and will not be able to stand protracted investigation. Under these circumstances, I decide to rehear the matter.2. A point has been raised that there was no information in the possession of the Income-tax Officer to issue a notice under Section 148. I asked the Department to produce the records and satisfy me that the Income-tax Officer had come into possession of any information after the completion of the assessment for the assessment year 1979-80.3. The only information on the basis of which the reopening has been done is the confession made by the assessee in the course of the assessment proceedings that certain fixed deposits standing in the names of various persons in various banks were really moneys which belonged to the assessee and invested in those names.4. From this contention, it do...
Commissioner of Wealth Tax Vs. Swaraj Paul (Huf).
Court: Kolkata
Decided on: Jan-08-1992
Reported in: (1993)113CTR(Cal)135
SHYAMAL KUMAR SEN, J. :On an application under s. 27(3) of the WT Act, 1957, the following questions have been directed to be referred to this Court :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the interest of the minors who happened to be the minor children of the Karta of the HUF, in the partnership firm of M/s. Aminchand Pyarelal, cannot be included in the hands of the HUF (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that there is no logic in disallowing the past tax liabilities even there was no assessment of the HUF as such ?'2. The facts, inter alia, are that the assessee is an HUF and the reference relates to the asst. yr. 1974-75 for which the relevant valuation date is 31st March, 1974. The HUF was assessed to wealth-tax on net wealth of Rs. 50,60,006 on the relevant valuation date 31st March, 1973 for the asst. yr. 1973-74 as against the net wealth as per ...
Commissioner of Income-tax Vs. Bhoruka Investments Pvt. Ltd.
Court: Kolkata
Decided on: Jan-06-1992
Reported in: (1992)108CTR(Cal)344,[1992]198ITR734(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(2) of the Income-tax Act, 1961, for the assessment year 1982-83, 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 order passed by the Commissioner of Income-tax under Section 263 of the Income-tax Act, 1961, is not valid and legal and as such he had no jurisdiction to revise the order of assessment ?'2. Shortly stated, the facts are that the Income-tax Officer, in making the assessment, allowed deduction of Rs. 4,93,198 to the assessee under Section 80M of the Income-tax Act, 1961, on the intercorporate dividend of Rs. 8,21,996 which was equal to the gross amount of Rs. 9,73,594 minus interest expenses of Rs. 1,51,172 and deduction under Section 80K of Rs. 426. On scrutiny of the records, the Commissioner of Income-tax subsequently found that the Income-tax Officer allowed an excess deduction of Rs. 1...
Commissioner of Income Tax Vs. Bimal Mrishna Sil and Bros.
Court: Kolkata
Decided on: Jan-06-1992
Reported in: (1992)108CTR(Cal)197
AJIT KUMAR SENGUPTA, J. :In this reference under s. 256(1) of the IT Act, 1961 for the asst. yr. 1985-86 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 the first proviso to s. 43B would be applicable from the asst. yr. 1984-85 onwards and thereby confirming the order of the CIT(A) deleting disallowance of Rs. 19,093 added by the ITO under s. 43B of the IT Act, 1961 ?'2. Shortly stated the facts are that the Assessing Officer on examination of books of account of the assessee firm found that there was outstanding sales tax liability of Rs. 19,093 reflected in the balance sheet. He invoked the provisions of s. 43B and disallowed and added back the above liability in the income of the assessee.3. Being aggrieved, the assessee challenged the above disallowance in appeal before the CIT(A). Before the CIT(A) it was contended that the assessee firm was a registered dealer...
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