Kolkata Court September 1992 Judgments
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Commissioner of Income-tax Vs. Simon-carves Ltd.
Court: Kolkata
Decided on: Sep-16-1992
Reported in: [1993]202ITR858(Cal)
Ajit K. Sengupta, J. 1. Pursuant to the directions of this court under Section 256(2) of the Income-tax Act, 1961, the Tribunal has referred the following questions of law relating to the assessment years 1964-65 and 1965-66 : '1. Whether, on the facts and in the circumstances of the case and on a proper construction of the agreements dated June 28, 1963, and November 22, 1963, the Tribunal was right in holding that there was no transfer of any capital asset by the assessee and there could consequently be no question of any capital gains arising to the assessee for the purpose of liability ensuing under Section 45 of the Income-tax Act, 1961 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in cancelling the order of the Additional Commissioner under Section 263 of the Income-tax Act, 1961, and restoring the assessment order of the Income-tax Officer for the assessment year 1964-65 ?' 2. Shortly stated, the facts are that the assessee is a company w...
Mahendra Singh Vs. Wealth-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Sep-15-1992
Reported in: (1993)44ITD1(Kol.)
1. This order will dispose of 10 appeals. In all the 10 appeals the only point involved is whether the assessees are entitled to the exemption under Section 5(1)(xvia) of the Wealth-tax Act in respect of National Defence Gold Bonds, 1980, for the assessment years 1987-88 and 1988-89.2. The objection of the department to granting the exemption is that the bonds have matured on 27-10-1980 and thereafter the Reserve Bank of India holds the gold in trust for the assessee and, therefore, the character of the Bonds as Bonds has ceased and the value of the gold has to be included in the assessments. The other minor objection raised by the department is based on the decision of the Supreme Court in McDowell & Co. Ltd. v. CTO [1985] 154 ITR 148.3. The objection of the department cannot be upheld in view of the provisions of the Public Debt Act, 1944 and the Negotiable Instrument Act, 1881. We shall advert to those provisions a little later after noticing the preliminary objection of the Ld...
Assistant Commissioner of Vs. Birla Buildings Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Sep-15-1992
Reported in: (1992)43ITD586(Kol.)
1. This appeal filed by the department raises the question whether under Section 40A(12) of the IT Act the limit of Rs. 10,000 prescribed thereunder is in respect of the expenditure incurred for every assessment year to which the proceedings relate or the limit is only an overall limit and nothing more than Rs. 10,000 can be allowed.Legal Charges Asst. yr. Rs.To Khaitan Consultants Ltd.Re: Hearing before ITAT 1962-63 4,210Re: -Do- 1973-74 760Re: Ref. Application before ITAT 1974-75 760Re: Hearing before ITAT 1973-74 760Re: Ref. Appn, before ITAT 1974-75 760 before HC 1975-76 4,920Re: Withdrawal of Writ 1975-76 1,860 Section 256(2) 1976-77 3,949Re: Withdrawal of Writ 1976-77 1,860 -Do- 1977-78 2,657 -Do- 1978-79 1,978 -Do- 1979-80 1,923 -Do- 1981-82 1,860 Writ petn. 1982-83 28,513 Out of the above expenditure of Rs. 56,770, the ITO allowed only Rs. 10,000 and disallowed the balance. Apparently the ITO thought that Section 40A(12) authorised the allowance of only Rs. 10,000. The assesse...
Vijai Kapur Vs. Guest Keen Williams Ltd.
Court: Kolkata
Decided on: Sep-15-1992
Reported in: [1995]83CompCas339(Cal),97CWN701
Gitesh Ranjan Bhattacharjee, J.1. By this revisional application, the petitioner has sought to quash the criminal proceeding, being Complaint Case No. 2026 of 1990, pending in the court of the Metropolitan Magistrate, 17th Court, Calcutta, under Section 630(1)(b) of the Companies Act, 1956. The opposite party, Guest Keen Williams Ltd., lodged the complaint against the present petitioner in the court of the Metropolitan Magistrate, Calcutta. It is the allegation of the opposite party/complainant that the petitioner/ accused was initially appointed as an employee of the company and was then promoted as a director of the company and in course of such employment the accused was entrusted with the company's premises situated at H-9, Maharani Bagh, New Delhi-110 065 and he was permitted to use the said, premises during his employment with the company. The petitioner accused, however, submitted his resignation in November, 1987. Thereafter, in pursuance of a decision of the chairman and manag...
In Re: Abhijit Dutta
Court: Kolkata
Decided on: Sep-15-1992
Reported in: (1993)IILLJ160Cal
Paritosh Kumar Mukherjee, J.1. In the instant writ petition, the writ petitioner, Abhijit Dulla challenges a notification dated May 1, 1992, whereby Governor was pleased 'to appoint', Abhijit Dutta, 'Technical Officer', attached to the Hosiery Section, under the said Directorate and to post him in the interest of public service, as 'Handloom Development Officer' at Aliporcduar, in the district of Jalpaiguri, with immediate effect, and until further orders.2. According to the petitioner, under the garb of appointment and/or 're-designation', the petitioner was sought to be transferred as 'Handloom Development Officer,' although the post held by the petitioner as Technical Officer, is not transferable.3. Mr. Bidhan Chandra Ghosal, learned Advocate appearing in support of the writ petition, made following submissions, which arc as follows:-4. In the first place, he submitted that the recruitment rules of Technical Officer and the Handloom Development Officer, being distinct and separate, ...
United Bank of India Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Sep-14-1992
Reported in: (1993)44ITD14(Kol.)
1. The assessee is a bank. The present appeal is against the addition of the interest on sticky loans and advances.2. In the case of Oil & Natural Gas Commission v. CCE, the Supreme Court has passed the following order : 1. We are happy to find that the Cabinet Secretary has taken the appropriate initiative as indicated in our order dated September 11, 1991 and has reported to us that the dispute between the Government Department and the Public Sector Undertaking of the Union of India has been settled. In that view of the matter no further action is necessary on the petition. I would also like to state that the Government respects the views expressed by this Honourable Court and has accepted them that public undertakings of Central Government and the Union of India should not fight their litigation in Court by spending moneys on fees on counsel, court fees, procedural expenses and wasting public time. It is in this context that the Cabinet Secretariat has issued instructions from ...
Commissioner of Income-tax Vs. East India Hotels Ltd.
Court: Kolkata
Decided on: Sep-14-1992
Reported in: (1993)2CALLT348(HC),[1994]207ITR881(Cal)
Ajit K. Sengupta, J. 1. In this reference made at the instance of the Revenue, the following questions have been referred by the Tribunal for the opinion of this court under Section 256 of the Income-tax Act, 1961: '1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the royalty of Rs. 3,43,600 was allowable in the assessment year 1972-73 2. Whether, on the facts and in the circumstances of the case while restoring the issue to the Income-tax Officer relating to the determination of the chargeable head of the interest accrued on fixed deposits, the Tribunal was justified in law in observing that the earning of interest on the fixed deposits could not be isolated from paying of interest by the assessee on the deposits received from the public 3. If the answer to question No. 2 above is in the affirmative, then whether the Tribunal was correct in law to hold that the interest accrued on fixed deposits should be assessed under t...
Commissioner of Income-tax Vs. Smt. Anita Ghosh
Court: Kolkata
Decided on: Sep-14-1992
Reported in: [1993]202ITR991(Cal)
Ajit K. Sengupta, J.1. In this reference made at the instance of the Revenue, the following question has been raised by the Tribunal under Section 256(1) of the Income-tax Act, 1961, for the opinion of this court :'Whether, on the facts and in the circumstances of the case, interest under Section 215 of the Income-tax Act, 1961, requires to be computed up to the date of assessment under Section 143(1) or the assessment made under Section 143(3) of the Act ?'2. This reference relates to the income-tax assessment of the assessee-company for the assessment year 1979-80. The facts as found by the Tribunal are as under :The original assessment of the assessee was completed on December 26, 1979, under Section 143(1) of the Income-tax Act, 1961, on the returned income of Rs. 44,010. The assessee objected to the original assessment by filing an application in Form No. 6A. In view of the assessee's objection, the Income-tax Officer issued notice under Sub-section (2) of Section 143 of the said ...
In Re: Maa Kasi Motors and ors.
Court: Kolkata
Decided on: Sep-14-1992
Reported in: (1993)1CALLT246(HC),97CWN341
Samir Kumar Mookherjee, J.1. The petitioners in the present revisional application, dated 31st March, 1988, moved a writ application, challenging the order of the respondent No. 1, refusing their application for temporary permit as communicated by the letter of the said respondent, dated 30th May, 1988 CO. No, 12899(W) of 1988 was issued and in connection therewith a temporary permit, was granted on 6th March, 1989. Since thereafter, by moving the Courts of Writ, the petitioners continued with temporary permits, granted from time to time, upto 4th July, 1989, whereafter an application for renewal of the last temporary permit was made and rejected by the respondents. The respondent No. 4 was moved against the said order of jefusal, embodied in the resolution through an appeal, being STA Appeal No. 19 of 1989, which had been pending till 27th February, 1992, and was dismissed on that date on the ground of non-filing of the certified copy of the impugned resolution. Till the date dismissa...
Hari Krishna Kanoi and anr. Vs. Appropriate Authority and ors.
Court: Kolkata
Decided on: Sep-11-1992
Reported in: [1994]207ITR743(Cal)
Ruma Pal, J.1. The subject-matter of challenge in these proceedings is an order issued by the appropriate authority on June 5, 1987, under Section 269UD(1) of the Income-tax Act, 1961 (referred to as 'the Act'), by which a portion of premises No. 2, Ballygange Park Road, Calcutta, has been ordered to be purchased by the Central Government for a sum of Rs. 72,25,086.2. Premises No. 2, Ballygange Park Road, Calcutta, covers an area of approximately 52 kathas. The owner of the premises is respondent No. 6. The premises were requisitioned on June 17, 1971, for the occupation of the Ministry of External Affairs under Section 3(1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947. The Ministry of External Affairs, being respondent No. 5, is paying an amount of Rs. 1,300 per month to respondent No. 6 as occupation charges.3. On March 20, 1987, an agreement was entered into between the petitioners and respondent No. 6 under which the petitioners agreed to pur...
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