Kolkata Court November 1992 Judgments
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Commissioner of Income-tax Vs. General Industrial Society Ltd.
Court: Kolkata
Decided on: Nov-27-1992
Reported in: [1994]207ITR169(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(1) of the Income-tax Act, 1961, the Tribunal has referred the following question of law for our opinion :'Whether, on the facts and in the circumstances of the case, the amount written back by the assessee during the year under consideration, viz., Rs. 17,595, could be assessed as income of the assessee ?'2. Shortly stated, the facts are as under :The assessee is a limited company. It wrote back unclaimed liabilities and sundry amounts of Rs. 17,595 in its profit and loss account. The assessee pleaded before the Income-tax Officer that the amount written back in the profit and loss account was not taxable in view of the decision in the case of CIT v. Sugauli Sugar Works P. Ltd. : [1983]140ITR286(Cal) . The Income-tax Officer did not accept the contention of the assessee and he took the amount written back by the assessee as its income.3. The assessee, being aggrieved, appealed to the Commissioner of Income-tax (Appeals) who con...
Commissioner of Income-tax Vs. Eastern Spinning Mills and Industries L ...
Court: Kolkata
Decided on: Nov-27-1992
Reported in: [1994]207ITR951(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(1) of the Income-tax Act, 1961, the Tribunal has referred the following common question of law for the assessment years 1982-83 and 1983-84 :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the cessation of liabilities of Rs. 61,041 and Rs. 47,260 were not income assessable under Section 41(1) of the Income-tax Act, 1961, respectively in the assessment for the assessment years 1982-83 and 1983-84 ?'2. Shortly stated, the facts are that the assessee, a resident company, during the accounting year ending on June 30, 1981, being the relevant assessment year 1982-83, wrote back to its profit and loss account an aggregate sum of Rs. 88,010 representing unpaid and unclaimed bonus, A similar amount for the accounting year ending June 30, 1982, relevant to the assessment year 1983-84 is Rs. 2,25,600. The liabilities were written back as they were no longer considered necessa...
Coates of India Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Nov-27-1992
Reported in: [1994]205ITR373(Cal)
Ajit, K. Sengupta, J.1. In this reference at the instance of the assessee, the following question has been referred by the Tribunal for the opinion of this court under Section 256(1) of the Income-tax Act, 1961 :'Whether the Tribunal was right in holding that a sum of Rs. 5,49,917 representing expenses incurred by some of the assessee-company's employees for use of their own motor car for the purpose of the assessee-company's business and reimbursed to them as such, was hit by Section 37(3A)/(3B) of the Income-tax Act, 1961 ?'2. This reference relates to the income-tax assessment of the assessee-company for the previous year ending October 31, 1983, corresponding to the assessment year 1984-85. The assessee-company derives income from manufacture and sale of printing inks and synthetic resins. The assessee-company reimburses the expenses incurred by its employees for using their own motor cars for the purpose of the business carried on by the assessee-company. The aggregate reimburseme...
Sibnath Pramanick Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Nov-25-1992
Reported in: (1993)44ITD724(Kol.)
1. This Misc. Application has been filed for restoration of the appeal.A prayer has also been made that the matter involved in the appeal should be restored to the file of the Assessing Officer for giving an opportunity to the assessee to represent his case.2. The assessee who is the petitioner before us was the respondent in the appeal. Rule 25 of the Income-tax (Appellate Tribunal) Rules says that if the appellant appears for the hearing and the respondent does not appear, when the appeal was called for hearing, the Tribunal may dispose of the appeal on merits after hearing the appellant. In the present case, the Tribunal has disposed of the appeal on merits. A question, therefore, arises whether the respondent has a right to file a petition for restoration of the appeal. Our attention was invited to Rule 24 of the Tribunal rules by which the appellant is given the right to file a petition for restoration of the appeal if he did not appear when the case was called for hearing, provi...
Kesoram Industries Ltd. (Textile Division) Vs. Coal India Ltd.
Court: Kolkata
Decided on: Nov-25-1992
Reported in: AIR1993Cal78
ORDERAjit K. Sengupta, J.1. This appeal is from an order dated 7th May, 1992 vacating an earlier order dated 10th December, 1 991 ofstay of recovery of cess on coal made in an application filed under Art. 226 of the Constitution. It is submitted on behalf of the appellant/ writ petitioner that the controversy lies within a short compass and the basic questions involved are concluded by the judgments of the Supreme Court in India Cement Limited v. State of Tamil Nadu, and Orissa Cement Ltd. v. State of Orissa, : [1991]2SCR105 .2. According to the appellants the 3 levies under the three Acts namely, Cess Act, 1880, West Bengal Primary Education Act, 1973 and the West Bengal Rural Employment and Production Act, 1976 in so far as they purport to levy cess on the basis of despatches of coal are beyond the legislative competence of the State legislature on the principles laid down in the aforesaid Supreme Court decisions in India Cement (supra) and Orissa Cement. (supra). The appellants cont...
Moti Plastics Vs. Collector of Customs
Court: Kolkata
Decided on: Nov-24-1992
Reported in: 1994(70)ELT212(Cal)
Suhas Chandra Sen, J.1. The only question in this case is whether the court shouldfollow its decision in the case of Everbright Plastics Private Ltd. and Anr. v. The Collector of Customs, Calcutta and Ors. and several other orders passed pursuant to that judgment on 3rd September, 1992.2. The point of distinction drawn on behalf of the Customs Authorities is that the ship Tiger River had actually reached the Port of Calcutta long after 31st March, 1992, the date on which the Bill of Entry was lodged with the Customs Authorities. Actually, the date of arrival of the ship was 9th April, 1992 which was well beyond the stipulated period of 7 days from the date of lodgement of the Bill of Entry. According to the bill of entry the ship was due to arrive on 6th April, 1992.3. Mr. Bannerjee, appearing for the petitioner has pointed out that the Bill of Entry was lodged on 31st March, 1992 on the basis of the advice given by the shipping agent. To show the bona fide of his client, Mr. Bannerjee...
Super Cassettes Industries Ltd. Vs. Collector of Customs
Court: Kolkata
Decided on: Nov-24-1992
Reported in: 1993(66)ELT557(Cal)
Suhas Chandra Sen, J.1. This application has been made for refund of money deposited by the petitioner under Section 129E of the Customs Act, 1962. The dispute is as to the dutiability of two sets of Automatic Compression Reverters with quick return mechanism. The machines are used for manufacturing audio cassettes. The petitioner is engaged in the business of manufacturing cassettes popularly known in the market as T-Series Audio Cassettes'. The petitioner claims that the machinery imported by the petitioner falls under Tariff Heading No. 84:44.48. The contention of the Customs Department was that the cassettes were classifiable under Tariff Item No. 81.59. The petitioner went up on appeal against the aforesaid order dated October 15, 1984 passed by the Collector of Customs, Calcutta. The Appellate Tribunal ultimately held that there was no justification for classifying the goods in question under Item 84.58.2. As a pre-condition for filing the appeal, the petitioner had made a deposi...
Berger Paints India Ltd. Vs. Commissioner of Income-tax
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Nov-20-1992
Reported in: (1993)44ITD573(Kol.)
1. The assessee is a public limited company engaged in the manufacture and sale of paints. It follows the mercantile system of accounting. A return of income was filed for the assessment year 1984-85 relevant to the accounting year ended 31-12-1983 declaring a total income of Rs. 1,93,21,870. In the course of the assessment proceedings the assessee filed a revised computation of its total income which is as under : Statement showing amended total income for the assessment year 1984-85 corresponding to our accounting year ended on 31-12-1983. Rs. Rs.Excise Duty and custom duty paid 5,85,87,181during the yearLess : Amount actually charged 4,87,61,348Balance being the amount of ExciseDuty and custom duty actually paid 98,25,833but not charged in the profit andAmended total income 94,96,037Rounded off to the nearest multiple A covering letter dated 4-11-1986 was also filed along with the revised computation. The covering letter is as under :Ref. LIT/NG BERGER Berger Paints India Limited 3...
Royal Calcutta Turf Club Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Nov-20-1992
Reported in: (1993)44ITD735(Kol.)
1. The Appellate Commissioner in the order impugned by the assessee in this appeal has confirmed the addition of a sum of Rs. 77,44,592 being betting tax received by the assessee Club from the licensed Bookmakers.2. Before deciding the correctness or otherwise of the issue involved in the impugned order, few facts require to be noticed.3. The assessee Club conducts horse races and for this purpose it has two systems for receiving bets from the punters. One is an enclosure called totalisator run by the assessee Club where punters can bet on horse racing. The other is an enclosure where private persons/parties are given licence by the assessee Club to receive bets on horse races from the punters. As per Section 15 of the Bengal Amusements Tax Act, 1922 (hereafter for short 'BATA') there is a charge and levy of 20 per cent tax called 'totalisator tax' on bets made in the totalisator enclosure. Similarly, Section 18 of the BATA there is a charge and levy of 20 per cent tax called "betting...
Mohanlal Khandelwal and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-20-1992
Reported in: (1993)1CALLT59(HC)
Amal Kanti Bhattaeharji, J.1. In this revisional application the accused petitioners pray for the quashing of a criminal proceeding against them pending in the Court of Metropolitan Magistrate, Third Court, Calcutta, The petitioners were accused of entering into a criminal conspiracy and in pursuance thereof forging three railway receipts a? genuine and inducing the complainant to part with a sum of Rs. 1,20,000/- between 4.8.75 and 19.8.75, It appears- that the criminal proceeding against the accused persons was initiated in 1975 and they were produced in custody on 6.1.76, Since then the proceeding has been continuing and after the framing of charge the P.W. 1 has been examined in part. It has been alleged that the examination of the P.W. 1 was started in January 1986 and the same is still incomplete. The solo ground for quashing, the proceedings is that there has been inordinate delay in the conduct of the proceedings and that there is no possibility of completing the same in near f...
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