Kolkata Court February 1992 Judgments
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Commissioner of Income-tax Vs. Tribeni Tissues Ltd.
Court: Kolkata
Decided on: Feb-06-1992
Reported in: [1994]206ITR92(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the Commissioner of Income-tax, West Bengal-H, the Tribunal has referred the following question for our opinion :'Whether, on the facts and in the circumstances of the case, and on a correct intepretation of the provisions of Section 32A of the Income-tax Act, 1961, the Tribunal was justified in law in holding that motors, electrical installations, underground cables, overhead cables and air-conditioning machines were part and parcel of the plant and machinery used for manufacturing tissue paper and in that view in allowing investment allowance on the said items of assets ?'2. Shortly stated, the facts relating to the question are that the assessee in relation to assessment year 1978-79 claimed investment allowance on motors, electrical installations and underground cables, overhead cables, air-conditioning machines, tubewells and weighing machines to the correct value of Rs. 1...
Jorawar Singh Baid Vs. Asst. Commissioner of Income-tax and ors.
Court: Kolkata
Decided on: Feb-06-1992
Reported in: [1992]198ITR47(Cal)
Ajit K. Sengupta, J.1. This appeal is directed against the order passed on November 20, 1991, by the court of the first instance dismissing the writ application in which the appellant challenged the notice dated December 26, 1990, issued under Section 148 of the Income-tax Act, 1961. Upon receipt of the same, the assessee wanted to know the reasons recorded before the said notice under Section 148 was issued.2. The reasons which have been recorded by the Income-tax Officer in issuing the notice run as follows :' 26-12-1990 : The assessee filed his return of income on October 20, 1989, showing an income of Rs. 22,100 and an assessment was made under Section 143(1)(a) on July 2, 1990 as per return so filed. Now, it is noted that the assessee had an income of Rs. 1,59,047 within the meaning of Section 69A of the Income-tax Act, 1961, representing the value of jewellery, etc., vide order under Section 132(5) of the Income-tax Act, 1961, dated September 28, 1989 in the case of the assessee ...
Commissioner of Income-tax Vs. Universal Plast Ltd.
Court: Kolkata
Decided on: Feb-06-1992
Reported in: (1992)105CTR(Cal)236,[1992]197ITR1(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(2) of the Income-tax Act, 1961, 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 correct in law in holding that the income received by the assessee by leasing out the factory was business income?'2. Shortly stated, the facts are that the assessee is a limited company. The assessment year involved is 1977-78. The assessee, for the purpose of carrying on its business, set up a factory known as UPL Factory and installed plant and machinery and other equipment. But the assessee company was not running the business well for the past two years, and, consequently, the factory was leased out on leave and licence basis to Messrs Leatherite Industries Ltd., under an agreement dated March 30, 1977. The agreement was effective from January 1, 1977. The lease under the agreement was for seven years with an option for a further three years. The leave...
New India Glass Works (Cal) Pvt. Ltd. Vs. Collector of C. Ex.
Court: Kolkata
Decided on: Feb-06-1992
Reported in: 1992(60)ELT385(Cal)
Siba Prasad Rajkhowa, J.1. Pursuant to the order of this Court passed on 2-5-1989 in F.M.A.T. No. 1077 of 1989, the petitioner Company submitted replies before Assistant Collector of Central Excise, Dum Dum Division No. 2, St. Georges Gate Road, Calcutta 22, hereinafter referred to as respondent No. 2 to all the show-cause notices issued by the Superintendent of Central Excise, Dum Dum Division Range VI (Respondent No. 3) under Memo No. C. No. CE (13)/9/NIC/R-Y/DD/89/415 dt. 26th June 1989 upon the writ petitioner. By the said show-cause/demand notices the respondent No. 3 directed the writ petitioner to deposit Central Excise Duty on account of credit charges in respect of the credit sales of the petitioner company for the periods as shown in the aforementioned notices.2. It has been alleged in the show-cause notices that the petitioner company, holder of Central Excise Licence in Form L-4 No. 8/Glass/61(1) engaged in manufacturer of excisable goods, glass bottles, phials falling unde...
Smith (inspector of Taxes) Vs. Schofield.
Court: Kolkata
Decided on: Feb-06-1992
Reported in: [1994]209ITR572(Cal)
Head Note:INCOME TAXCapital gains--COMPUTATION--Indexation allowance--Quantification--English judgment.Facts :Assets were purchased in 1952 and were disposed in 1987. Scheme of indexation became effective in 1965. The taxpayer was assessed to capital gains tax for the year 1986-87 on the basis that the indexation allowance introduced by the Finance Act, 1982 was to be deducted from the whole of the amount of the gain accruing to the taxpayer between 1952 and 1987.Held :For the purposes of s. 86(4) of the U. K. Finance Act, 1982, the 'unindexed gain' from which the indexation allowance was to be deducted was to be construed in the context of s. 86(2) as meaning the chargeable gain; that, accordingly, the taxpayer's liability to tax was to be computed by applying the time-apportionment provisions of paragraph 11 of Schedule 5 to the Capital Gains Tax Act, 1979, to the gain accruing between her acquisition and disposal of the assets and the allowance deducted from that amount.Conclusion :...
Kishorilal Dhandhania Vs. Commissioner of Wealth-tax
Court: Kolkata
Decided on: Feb-05-1992
Reported in: [1992]197ITR595(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 27(1) of the Wealth-tax Act, 1957, relating to the assessment years 1967-68 to 1977-78, the Tribunal has referred the following questions of law :'(1) Whether, on the facts and in the circumstances of the case, the rent for the portion of the said premises which was allegedly low could be computed at a rate higher thari the reasonable rent under the provisions of the West Bengal Premises Tenancy Act, 1956, and/or at a rate higher than taken in the income-tax assessment? (2) Whether, on the facts and in the circumstances of the case, the Tribunal could take into consideration any notional rent for part of the said premises for determining its value ignoring the actual rent received for such part of the premises and which alone an intending purchaser could receive? (3) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the value of additional land available for separate development sh...
Mita Bose Vs. Philips India Ltd. and ors.
Court: Kolkata
Decided on: Feb-05-1992
Reported in: (1992)2CALLT41(HC),1992(1)CHN250,96CWN792,[1992(65)FLR526],(1993)IIILLJ872Cal,1992(5)SLR587
A.K. Nandi, J.1. This is an appeal arising out of an action in damages by an employee against the employer on account of wrongful termination of service, and sufferance of bodily injury in course of employment.2. The plaintiff alleged that she was appointed by the defendant No. 1 on 31.12.60 and confirmed in service on 6.1.62. While in service she was denied bonus and provident fund. She having insisted on such payment incurred the displeasure of the defendants No. 2, 3 and 4 and out of malice she was transferred from running belt section to packing section. The job required exercise of physical force. In course of discharging the job she became ill and had to consult an Orthopaedic Surgeon. She was given a helper ultimately to do the more arduous part of the job. The plaintiff was ultimately served with a chargesheet issued by the defendant No. 4. Despite protest the defendant No. 3 was appointed an enquiry officer who was bearing malice and grudge against the plaintiff. She was not g...
Commissioner of Wealth Tax Vs. Brojogopal Chowdhury.
Court: Kolkata
Decided on: Feb-05-1992
Reported in: (1993)111CTR(Cal)254
AJIT K. SENGUPTA, J. :In this reference under s. 27(3) for the asst. yrs. 1972-73 to 1975-76, 1979-80 and 1980-81 the following common 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 assets included in the wealth-tax assessment of the assessee by the WTO should be assessed in the hands of the executor to the estate of Late Phanindra Nath Chowdhury and not in the hands of the assessee ?'2. The Tribunal has recorded in the statement of case the following facts leading to this reference :'The relevant facts are that the assessee and his two brothers Shri Sado Chowdhury and Shri Nani Gopal Chowdhury were the legatees under the Will executed by their father Late Phanindra Nath Chowdhury. The WTO made addition of 1/3 share of the assessee in the said estate of Late Phanindra Nath Chowdhury in the individual wealth of the assessee. The assessee resisted the said action of the WT...
S.P. Jaiswal Estates (P.) Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Feb-04-1992
Reported in: (1992)41ITD342(Kol.)
1. This appeal has been filed by the assessee against the order of the CIT(A).2. A very interesting issue is involved in this appeal - whether the assessee is liable to pay any interest under Section 215 though there was no statutory obligation upon it to file any statement of advance-tax and pay advance-tax as per Section 209. In order to decide this controversy it is necessary to appreciate the facts giving rise to the same. The assessee is an old assessee, that is to say, being previously assessed by way of regular assessment under the provisions of the Income-tax Act. In terms of Section 209A it voluntarily filed statement of advance-tax on 14-6-1978 estimating the income at Rs. 2,00,000 for the year under consideration and the tax payable thereon was at Rs. 1,15,500. Subsequently the assessee revised the estimate and filed another estimate of advance-tax on 14-12-1978 therein estimating the income at Rs. 1,25,000 and tax payable thereon at Rs. 72,190. In the original assessment t...
Deb Kumar Adak Vs. State of West Bengal
Court: Kolkata
Decided on: Feb-04-1992
Reported in: (1992)1CALLT332(HC)
Jyotirindra Nath Hore, J.1. This is an application Under Section 391/401 read with Section 482 of the Cr. P.C. for setting aside the order dated 17.12.91 passed by the learned Sub-Divisional Judicial Magistrate, Chandernagar.2. On 17.11.91 the excise staff attached to Tarakeswar Circle, District Hooghly seized the petitioner's Ambassador car being WBG 6412 on the allegation that 280 litres of I.D. Liquor contained in 8 polythine jars were found inside the same. The petitioner, owner of the vehicle and one of the accused in the case, filed an application for release of the vehicle on bond. The learned S.D.J.M. rejected the prayer on the ground that he has no jurisdiction to pass any order regarding custody of the seized vehicle and the District Collector is only competent to pass any order regarding custody of the carrier. The petitioner has moved this court against the said order.3. Mr. Kazi Safiullah, learned Advocate for the petitioner has contended that Under Section 65(1)(b) the Ex...
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