Kolkata Court June 1992 Judgments
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income-tax Officer Vs. Padmabati Chatterjee
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jun-30-1992
Reported in: (1992)43ITD106(Kol.)
1. This batch of 10 appeals filed by the Revenue involve an identical contention. Hence they were heard together and are disposed of by a common order for the sake of convenience.2. These appeals arise out of the income-tax assessments made on Smt.Padmabati Chatterjee, the assessee herein. The assessment years are 1971-72 to 1979-80 for which the previous years ended on the 31st of March of the corresponding and respective financial year. The dispute in these appeals relates to the income from a house property which has been the subject-matter of 5 Trust Deeds executed by the assessee between 28-5-1969 and 6-6-1969. The name of the Trust is known as Padmabati Trust. The assessee had appointed her four major sons as trustees. The Trust was for the benefit of the seven sons, four majors and three minors and also for the performance of Devseva to the family deity and for the benefit of certain charitable purposes and objects.Each of these beneficiaries was,'to get l/9th of the income fro...
Commissioner of Wealth Tax Vs. T. Bhaskaran.
Court: Kolkata
Decided on: Jun-29-1992
Reported in: (1993)111CTR(Cal)245
AJIT K. SENGUPTA, J. :In this reference under s. 27(3) of the WT Act, 1957, 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 law in holding that for the purpose of valuation of unquoted shares application of r. 1D of the WT Rules is directory and not mandatory in that view, the order of the WTO wherein the valuation of unquoted shares was determined on yield method was not erroneous and prejudicial to the interest of the Revenue ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the CWT wrongly assumed jurisdiction under s. 25(2) of the WT Act in the case and thereby cancelling the order of the CWT ?'2. Shortly stated the facts are that the assessee, Mr. T. Bhaskaran, is an individual. The assessment year involved is 1982-83, the valuation date being 31st March, 1982. The net wealth of the assessee on the aforesaid ...
The Calcutta Metropolitan Development Authority Vs. Union of India, an ...
Court: Kolkata
Decided on: Jun-26-1992
Reported in: AIR1993Cal4
ORDER1. This writ application, at the instance of the Calcutta Metropolitan Development Authority, arises out of a complaint made by the Respondent No. 7, Mr. Mohan Lal Bazaz, to the District Forumunder S. 12 of the Consumer Protection Act, 1986.2. The complaint was in respect of the writ petitioner's scheme to construct a public convenience at the Netaji Park on Chitta-ranjan Avenue. On the basis of the said complaint, the District Forum passed an order restraining the Calcutta Metropolitan Development Authority, hereinafter referred to as 'CMDA', from making any further construction in pursuance of its aforesaid scheme.3. The CMDA preferred an appeal against the said order to the Slate Commission under S. 15 of the aforesaid Act. The said appeal was admitted on 22nd February, 1991, and the order passed by the President of the District Forum on 15th January, 1991, was stayed. Thereafter, on 6th April, 1991, the CMDA was restrained from constructing the privy or from making any other c...
Trimplex Industries Pvt. Ltd. Vs. State of West Bengal
Court: Kolkata
Decided on: Jun-26-1992
Reported in: AIR1993Cal39,(1992)2CALLT475(HC),1992(2)CHN163,97CWN368
ORDERThis is an application filed by the Writ petitioner substantially for a declaration that the building plan and application for sanction to build at 4A Wood-burn Park, filed by the predecessor in interest of the writ petitioner with the Municipal Authorities stands approved by operation of law.2. Three dates are the most material in the disposal of this application. On the 4th of January, 1984, the Calcutta Municipal Corporation Act, 1980, came into force repealing the earlier Municipal Act of 1951 by S. 635-thereof. However, the very same section preserved the building rules which had formed Schedule XVI to the said earlier Act of 1951.3. On the 25th February, 1988, one Smt. Ana Ghosh made an application for sanction to build after demolition of existing structures in relation to the land and premises in question. The requisite fees for the said application were also paid. It should be clarified that the submission of the building plan was made by Smt. Ghosh on 3rd December, 1987 ...
Molla Sirajul Haque and Etc. Vs. Gorachand Mullick and Others
Court: Kolkata
Decided on: Jun-26-1992
Reported in: AIR1993Cal58,(1993)1CALLT16(HC),1992(2)CHN95,97CWN520
ORDERA. M. Bhattacharjee, Actg. C. J.1. Facts necessary for the disposal of the application before us have been succinctly stated by Ray, J. in his judgment hereinafter following. The questions of law involved have also been dealt with by him with his usual dexterity. I have agreed wholly with the order proposed by him and mostly with what he has stated as the reasons for the order. I say mostly and would therefore indicate herein-below where I have not been able to agree with him.2. In the two appeals arising out of two interlocutory orders passed in suits between the parties, one of the parties has filed an application under O. 23, R. 3 of the Civil P.C. for recording adjustment of all the suits between the parties on the basis of an alleged agreement. Order 23, Rule 3, though ex facie applying to Courts trying original suits, would apply to Appellate Courts also in view of Section 107(2) of the Code investing them with all the powers and duties of Courts of Original Jurisdiction. Ra...
Associated Transport Company and ors. Vs. P.S.R. Murthy and anr.
Court: Kolkata
Decided on: Jun-26-1992
Reported in: [1994]80CompCas218(Cal),97CWN111
Gitesh Ranjan Bhattacharjee, J.1. The opposite party herein filed a complaint under Section 138/141/142 of the Negotiable Instruments Act in the Court of the Additional Magistrate at Sealdah, 24-Parganas. It seems that there was an agreement between the complainant-company which is a Government of India undertaking and the accused persons who are a partnership firm, namely, the Associated Transport Company and its three partners for engaging the said firm as the warehouse and handling agent of the complainant-company for storage and/or handling of fertilizer on hire commission basis. There was also an agreement, it seems, that the said firm would furnish security to the complainant-company. It is the allegation in the petition of complaint that in accordance with the said agreement the accused persons furnished security by issuing certain cheques. The cheques were issued by accused No. 2 on behalf of accused No. 1 which is the firm. The cheques were drawn on Indian Bank, Khidderpore br...
D.K. Nowlakha Vs. Wealth-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jun-25-1992
Reported in: (1992)42ITD700(Kol.)
1. The assessee in these appeals has taken several grounds against the order of the Appellate Commissioner dated 6-9-1990 and they relate to assessment years 1970-71, 1971-72, 1972-73 and 1973-74. The issues involved in these appeals are two folds, namely: (a) whether the assessments were validly reopened under Section 17 of the Wealth-tax Act and; (b) whether the value adopted by the WTO in respect of half share of the assessee in property at No. 3A, Camac Street, Calcutta was correct. At the outset, Sri S.K. Lahiri, the learned departmental representative pointed out that the assessee in the appeals preferred before the AAC against the reassessment orders had challenged the reopening action of the WTO and the AAC by his order dated 28-12-1984 had set aside the appeals for these years and while doing so had dealt with this issue and confirmed the reopening action of the WTO under Section 17 of the Act. The assessee did not prefer further appeals before the Tribunal against the findin...
Allahabad Bank Vs. Pronab Kumar Mukherjee and ors.
Court: Kolkata
Decided on: Jun-25-1992
Reported in: (1993)ILLJ390Cal
Sengupta, J.1. This appeal by Allahabad Bank is directed against the judgment and order dated June 26, 1991 of the learned Single Judge setting aside the disciplinary proceeding and order of removal of the respondent 2. Shortly stated the facts are that at the material time the respondent was posted at Calcutta Main Branch of the Bank and worked as Officer-in-Charge of the Extension Counter at the Head Office. The Counter was run by the respondent along with two cashiers, two clerks and one peon. He was required to supervise the work of the Extension Counter including passing of cheques, of the Accounts, of Staff of the office and other miscellaneous vouchers pertaining to the Head Office. On October 9, 1986, being the last working day before the Puja Holidays, at or about 3.00 p.m. two officers from the Calcutta Main Branch paid a visit to the said Extension Counter of which the respondent was in charge. The said Officers checked the cash vis-a-vis the payment vouchers. It was detecte...
Parameswarilall Puroshottamlall and anr. Vs. Food Corporation of India ...
Court: Kolkata
Decided on: Jun-25-1992
Reported in: (1993)1CALLT254(HC)
Shyamal Kumar Sen, J.1. The facts, inter alia, leading to this writ petition are that on or before 8th of July, 1987 the respondent No. 1 issued an invitation to tender for the sale of pressure parboiled rice (Sela) superfine and other common varieties lying at the Food Corporation of India godown at various places.2. Pursuant to the aforesaid notice inviting tender the petitioners tendered for a portion of goods put up for sale and a contract was concluded between the petitioner No. 1 and the respondent No. 1 for sale of 480 M.T. of P.P.B. Rice Superfine (84-85) per quintal for a total price of Rs. lO,9O,O8O.OOp. The said tender was accepted by the respondents by telegram No. D/l(1)/PPB/RICE/DISP/TEV/87 dated 17th July, 1987. A copy of the telegram has been annexed to the writ petition and marked with the letter 'A'.3. Pursuant to the aforesaid the petitioner duly deposited the total sale price being a sum of Rs. 10,90,080.00. The respondent No. 1 issued a release order dated 13th of ...
Luxmi Tea Co. Ltd. Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jun-24-1992
Reported in: (1992)42ITD642(Kol.)
Assessing officer could not act in capricious manner while estimating income and should have had regard to parts records.Even in a best judgment assessment under section 144, the assessing officer must have regard for the past record of the assessee. He cannot act in a capricious manner while estimating the income. Judging by the past record of the assessee, it is clear that the assessing officer was not justified in estimating the income at Rs. 60 lakhs for each of the assessment years. The assessments are set aside and the assessing officer is directed to reframe them in accordance with law.It was improper to draw the conclusion that there was a reduction in the profits of the first year of change and the very motive in changing the accounting year was to evade tax withdrawal of permission was therefore not justified.It is in the assessment order itself that the Income Tax Officer withdrew the consent earlier accorded to the change. The main thrust of the Income Tax Officer was that...
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