Kolkata Court July 1993 Judgments
Raiganj Co-operative Land Development Bank Ltd. Vs. the State of West ...
Court: Kolkata
Decided on: Jul-30-1993
Reported in: (1994)1CALLT32(HC)
Altamas Kabir, J.1. Heard the parties at length. Since the writ application concern, only points of law, no affidavit need be filed in the matter and the matter may be disposed of on the basis of the arguments advanced by the parties.2. According to the petitioner Society, a direction was given by the Assistant Registrar of Co-operative Societies, Uttar and Dakshin Dinajpur on 5th June, 1992, directing the Society to amend by-law No. 5 in view of the fact that West Dinajpur District had been bifurcated into Uttar Dinajpur and Dakshin Dinajpur. Such direction was given in terms of sub-section (1) of Section 18 of the West Bengal Co-operative Societies Act, 1983, and the Chairman of the Society was authorised to call a Special General Meeting of the Society within two months with the agenda for considering the proposed amendment of the by-law, as indicated in the order itself. It appears that the petitioner Society called such Special General Meeting, but instead of amending the by-law, ...
Tag this Judgment!West Bengal Properties Ltd. and Another Vs. State of West Bengal and O ...
Court: Kolkata
Decided on: Jul-29-1993
Reported in: AIR1994Cal82,(1993)2CALLT342(HC)
ORDERAsok Kumar Chakravarty, J. 1. This appeal is directed against the Judgment and Order dated 7th April, 1993 passed by the Ld. Trial Judge in matter No. of 1993 (West Bengal Properties and another v. State of West Bengal and others).2. . Facts giving rise of this appeal are as follows :Petitioner No. 1 which is a limited company with its Office 16, Alipore Road, Calcutta and is the owner of the said premises (hereinafter to be referred as the said premises), submitted a plan for construction of a two-storeyed building before the respondent authorities along with a deposit of Rs. 10/- on 24-9-92 as application fees. By letter dated 13-12-92, the said authorities informed that certain other formalities have got to be complied with and after due compliance of those formalities by its letter dated 22nd December, 1992 submitted a revised plan, Since the respondent authorities have not sanctioned the plan in spite of due compliance of all formalities, it enquired about the matter and came...
Tag this Judgment!Indian Jute Mills Association Vs. Commissioner of Wealth-tax
Court: Kolkata
Decided on: Jul-29-1993
Reported in: [1996]219ITR169(Cal)
Ajit K. Sengupta, J. 1. This reference under Section 27(1) of the Wealth-tax Act, 1957, relating to the assessment years 1968-09, 197071 and 1971-72 involves the question of status of the assessee and its entitlement to exemption under Section 5(1)(i) of the Act. The assessee is a body registered under the Trade Unions Act, 1926. The objects of the association are enumerated in Rule 3 of Chapter I of the Rules and Regulations of theAssociation. The Wealth-tax Officer initiated the wealth-tax proceeding by issue of notices under Section 17 of the Act in respect of the assessment years under reference. In response to the said notice, the assessed filed nil returns contending that it being an association of persons was not a taxable entity in terms of Section 3 of the Act. It further contended that it could not be brought to tax in view of Section 5(1)(i). 2. The Assessing Officer negatived both the contentions of the assesses and observed that the word 'individual' in Section 3 includes ...
Tag this Judgment!Anand Kumar Saraf and ors. Vs. Commissioner of Income-tax and ors.
Court: Kolkata
Decided on: Jul-29-1993
Reported in: [1995]211ITR562(Cal)
Ajit K. Sengupta, J. 1. This appeal arises out of an order passed on March 31, 1989, by a learned single judge of this court, dismissing the writ petition filed by the appellant petitioner. The relevant facts leading to this appeal are as under :The appellant is being assessed to both income-tax and wealth-tax for last several years. During the previous years relevant to the assessment years 1980-81 to 1985-86, the appellant writ petitioner derived income from proprietary business carried on by him at Surat in the names of Messrs. A.K. Textiles and Messrs. Rachna Textiles and at Calcutta in the name of Messrs. A.K. Saree Centre. The business of the said concerns was that of buying and selling sarees. During September 30, 1980, to January 17, 1983, the appellant writ petitioner operated a current account with the Oriental Bank of Commerce, Surat, in the name of his proprietary concern, Messrs. A.K. Textiles. During the period from June 9, 1983, onwards, the appellant writ petitioner ope...
Tag this Judgment!Commissioner of Income-tax Vs. Indian Paper Mills Association
Court: Kolkata
Decided on: Jul-29-1993
Reported in: (1994)121CTR(Cal)430,[1994]209ITR28(Cal)
Ajit K. Sengupta, J. 1. In this reference under Section 256(1) of the Income-tax Act, 1961, the following question of law has been referred by the Tribunal : 'Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the assessee is a mutual concern and that consequently the income derived by the assessee as and when and by way of subscription and admission fees is not liable to be taxed under the Income-tax Act, 1961 ?' 2. This reference relates to the assessment years 1975-76, 1978-79 and 1981-82. The assessee is a trade association. The objects for which it was established as set out in Clause 3 of the articles of association are, inter alia, to promote and protect trade, commerce and industries of India and in particular the trade, commerce and industries connected with paper, to encourage friendly feeling and unanimity amongst the mills and users of steam and water and/or electric power on all subjects connected with their common go...
Tag this Judgment!Commissioner of Income-tax Vs. R.M. Investment and Trading Co. (P.) Lt ...
Court: Kolkata
Decided on: Jul-29-1993
Reported in: [1994]209ITR121(Cal)
Ajit K. Sengupta, J.1. In this reference made at the instance of the Revenue, 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, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the consultancy fee of Rs. 7,25,000 paid by the assessee-company to Shri K.N. Tapuria, a director of the company did not fall within the purview of the Section 40(c)(i) of the Income-tax Act, 1961, and thereby deleting the addition of Rs. 6,53,000 made by the Assessing Officer to the total income of the assessee ?'2. This reference relates to the income-tax assessments of the assessee-company for the previous year being the calendar year 1983 corresponding to the assessment year 1984-85. At all material times, the principal business of the assessee-company was to render consultancy services to Boeing Company of U. S. A. for promotion of their sales of various types of airc...
Tag this Judgment!Commissioner of Income-tax Vs. Western Bengal Coal Fields Limited
Court: Kolkata
Decided on: Jul-29-1993
Reported in: [1994]208ITR981(Cal)
Ajit K. Sengupta, J. 1. In this reference under Section 256(1) of the Income-tax Act, 1961, the following question of law has been referred to by the Tribunal for the assessment years 1978-79 to 1980-81 and 1982-83:'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that investment allowance under Section 32A of the Income-tax Act, 1961, was allowable on the machinery used by the assessee for boring operation for extracting water from underground ?'2. The assessee, a limited company, had been carrying on coal mines and boring operations. After nationalisation of the coal mines, the assessee-company had been carrying on business of boring operations for extracting water from underground. The assessee had claimed investment allowance under Section 32A in respect of its machinery used in boring operations. It is not in dispute that the machinery are new. The dispute relates to the question whether the plant and machinery used for boring to ex...
Tag this Judgment!Commissioner of Income-tax Vs. National Engineering Industries Ltd.
Court: Kolkata
Decided on: Jul-29-1993
Reported in: [1994]208ITR1002(Cal)
Ajit K. Sengupta, J. 1. Pursuant to the direction of the High Court under Section 256(2) of the Income-tax Act, 1961, the Tribunal has referred the following questions for the assessment year 1980-81 : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that technical know-how fees of Rs. 33,33,333 paid to S.R.G. Kugeller Works Schemid Roost, A.G. Switzerland was revenue expenditure 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the ex gratia payment of Rs. 13,99,650 to the workers and employees in excess of the statutory limit of 20 per cent. of salary in terms of the Payment of Bonus Act, 1965, was allowable as deduction 3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the sum of Rs. 2,01,000 being contribution made by the assessee to the National Engineering Industries Centre and National Engineering Industries...
Tag this Judgment!Eastern Aviation and Industries Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jul-29-1993
Reported in: [1994]208ITR1023(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(1) of the Income-tax Act, 1961, the following question of law has been referred to this court for the assessment year 1983-84 :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the appellant was not aninvestment company in terms of Section 109(ii) of the Income-tax Act, 1961 ?'The relevant facts as found by the Tribunal are as under :The assessee is a limited company and derives income from share dealings and dividend. The assessee during the year under reference disclosed share loss of Rs. 12,90,145 for which delivery was taken by it. The speculation loss in shares was shown at Rs. 7,95,447. The Income-tax Officer discussed the nature of the business of the assessee and indicated that it was a dealer in shares and it was not an investor. He, accordingly, came to the conclusion that the business loss shown by the assessee at Rs. 12,90,145 could be taken as speculative...
Tag this Judgment!Mahesh Kumar Jindal and ors. and Ashoke Saigal Vs. the State
Court: Kolkata
Decided on: Jul-29-1993
Reported in: (1993)2CALLT181(HC)
A.K. Chatterjee, J.1. The short and only point for determination in these two revisional applications heard together is whether the Judge of a Special Court constituted under the Essential Commodities Act (later referred to as the Act) can direct further investigation by the police when he finds himself unable to agree with the recommendations made in a police report submitted before him. If the answer to this question is in the affirmative, the applications will stand rejected; otherwise it will be allowed and the impugned orders will be struck down. It is not necessary to reproduce the facts.2. Mr. Roy, the learned Advocate appearing in support of the application has argued that Section 12AC of the Act is a complete code of procedure to be followed by a Special Court subject only to the provisions of Section 12AC of the Act. This Section runs as follows :-'Section 12AC. Application of Code to proceedings before a Special Court.-Save as otherwise provided in this Act, the provisions o...
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