Kolkata Court March 1996 Judgments
Off Shore India Ltd. Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-30-1996
Reported in: (1996)59ITD652(Kol.)
1. The assessee in this appeal in a public limited company engaged in the manufacture of fibre glass, I. B. M. rods and gratings and to some extent it is also engaged in share trading. In this appeal, we are concerned with the assessment year 1988-89 for the accounting year ended 30-9-1987.2. The only point in dispute is whether the assessee is entitled to the allowance of the interest of Rs. 6,74,280 while computing the income under the head 'Other sources'. The appeal arises this way. The ITO found from the accounts of the company that though the assessee had claimed a huge sum as interest in the profit and loss account and the accounts also showed that some interest receipt from investments made by the company, there were certain investments in the shares of the group companies which did not yield any income during the relevant accounting year. He further found that the total amount invested in the shares of such companies, which he characterised as "group companies" and which amou...
Tag this Judgment!Kishore Trust Vs. Assistant Director of Income-tax
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-29-1996
Reported in: (1996)59ITD137(Kol.)
1. This is an appeal field at the instance of the assessee-trust against the order of the CIT (A)-III, Calcutta dated 27-9-1991 for the assessment year 1989-90.2. The assessee owns a premises which was let out to M/s. New Jatinga Valley Tea Estate Ltd. on rent. The Assessing Officer has found during the course of completion of assessment that a sum of Rs. 1,36,212 is due from the said company towards the rent payable to the assessee-trust. As Sri S. Chatterjee, Director in that company, happens to be the son of the trustee Sri P. C. Chatterjee, the Assessing Officer has examined the facts with reference to the provisions of sec.13(1)(c) of the IT Act. The Assessing Officer found that though the amount towards rent is not paid by the company M/s. New Jatinga Valley Tea Estate Ltd., the assessee-trust has not taken any steps for realisation of the said rent and hence the non-realisation thereof amounts to violation of the provisions of sec. 13(1)(c)/13(3) of the Act. The Assessing Offic...
Tag this Judgment!Renukana Sengupta Vs. Debjani Sengupta
Court: Kolkata
Decided on: Mar-29-1996
Reported in: 1996CriLJ2839,II(1997)DMC551
A.B. Mukherjee, J.1. This is an appeal against an order of acquittal passed by the learned Metropolitan Magistrate, 17th Court, Calcutta in Complaint Case No. C/113/88 (T.R. 115/888) under Section 406, IPC.2. The case of the appellant who was complainant before the learned Magistrate is as follows: The complainant used to stay at 358, Goabagan Lane, Calcutta- 6 along with her husband and three sons. Her second son Prabir was married to the accused being the O.P. in this appeal on 5.12.1981. The O.P. was an employee of New Bank of India, Clive Row, Calcutta and the complainant's son Prabir was an employee of N.T.M.C. Limited having its office at Kharda. After the said marriage the bride used to stay in the aforesaid matrimonial home upto October, 1984 when the couple shifted to Kharda within the Factory compound where accommodation was allotted to Prabir. In August, 1985, a son was born to the accused. In February, 1986 the complainant's husband wanted to make a fixed deposit account of...
Tag this Judgment!Steel Authority of India Ltd. Vs. Santosh Kumar Joardar and ors.
Court: Kolkata
Decided on: Mar-29-1996
Reported in: (1996)2CALLT392(HC)
Altamas Kabir, J.1. This application has been filed for review of the judgment and order dated 10th February, 1995 delivered by my learned brother on behalf of the Appeal Bench in F.M.A.T. No. 196 of 1993, dismissing the appeal and confirming the judgment and order of the learned Single Judge passed in Civil Order No. 1472(W) of 1991 on 21st December, 1992, directing the authorities concerned to treat 29th November, 1937, as the writ petitioner's date of birth and to correct the relevant entries in his service book accordingly. The authorities were also directed to calculate the writ petitioner's date of superannuation on that basis and to forthwith re-instate him in service and treat the interim period till such reinstatement as period of continuous service and allow the petitioner all service benefits including emoluments for such period.2. Appearing on behalf of the applicant, Steel Authority of India Ltd., the appellant in the above mentioned appeal, Mr. Sumit Panja, learned advoca...
Tag this Judgment!D. Wren International Ltd. and Another Vs. Engineers India Ltd. and Ot ...
Court: Kolkata
Decided on: Mar-28-1996
Reported in: AIR1996Cal424
ORDER1. A letter dated 8-10-1995 cancelling acceptance of an offer made by the petitioners as regards supply of loading arms to the respondents Nos. 1 and 2 pursuant to a request for quotation for supply of loading arms as contained in Annexure 'L' to the writ application as also issuance of a global tender notice issued by the first respondent in terms of its letter dated 10th October, 1995 in Annexure 'M' thereto are the subject matter of the present writ application.2. The fact of the matter shortly stated isas follows:--A request for quotation for supply of loading arms was made by the petitioner on or about 14-9-1994 in relation where two bids were required to be submitted m two parts; (i) the unpriced bid complete with technical andcommercial details and (ii) price bid completewith all technical details and commercialdetails as also with full price details. 3. Technical specification were required to be given in terms of the requisition attached thereto and in case of revision th...
Tag this Judgment!Gopal Maity Vs. the State
Court: Kolkata
Decided on: Mar-28-1996
Reported in: (1996)2CALLT250(HC)
Nripendra Kumar Bhattacharyya, J.1. Heard the submission of the learned Advocate for the petitioners Mr. S.S. Roy appearing with Mr. Mahananda Roy, the learned Advocate for the de faclo complainant, Mr. Manas Ranjan Chakraborty, appearing with the learned Advocates Mr. Samiran Girl and Mr. Md. Mokram Hossain and the learned. Advocate for the State, Mr. Sasanka Kr. Ghosh. Considered the materials on record.2. By this revision under Section 401 read with Section 482 of the Cr.P.C. the petitioners, who were figured as accused in the trial, have come up before this Court to challenge order dated 30-1-95 passed in Criminal Motion No. 208 of 1994 by the learned Additional Sessions Judge, Midnapore, whereby the learned Assistant Sessions Judge allowed the revision as filed by the State, set aside the order of the learned Additional Chief Judicial Magistrate, Tamluk and directed the said Additional Chief Judicial Magistrate to deliver a Judgment on the basis of the evidence on record and to de...
Tag this Judgment!i.C.P.A. Health Product Pvt. Ltd. Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-28-1996
Reported in: 1996CriLJ2804
ORDERA.B. Mukherjee, J.1. The revisional application was filed to quash the complaint case started on the basis of an application under Section 156(3) Cr. P.C. being C/183/95 pending before the Ld. Chief Metropolitan Magistrate. Calcutta. The O.P.No. 2 being the complainant in the revisional case made his appearance on 8-6-95. On 14-6-95 there was a hearing over extension of interim order in presence of the Ld. Advocates appearing for the petitioners O.P.No. 1 as also O.P.No. 2 and the matter was directed to appear as contested application on 30-6-95. On the said date the matter was adjourned. Subsequently, it was fixed for hearing being a Specially fixed matter on 5-1-96. On the said date none appeared in spite of repeated calls while the Ld. Advocates appearing for O.P.No. 1 and O.P.No. 2 were present. The matter was heard at length and revisional application was dismissed on merit on the said date.2. On 2-2-96 an application for recalling of the said order dated 5-1 -96 was made by ...
Tag this Judgment!Madhusudhan Das and ors. Vs. Appropriate Authority of Income-tax and o ...
Court: Kolkata
Decided on: Mar-27-1996
Reported in: [1997]223ITR351(Cal)
Shyamal Kumar Sen, J.1. The facts, inter alia, involved in this writ petition are that the petitioners are joint trustees under a registered deed of trust dated June 4, 1988. Under the said trust, the petitioners as joint trustees hold premises No. 18, Dent Mission Road, Watganj, Calcutta-23, in possession of monthly tenants for long (hereinafter referred to as 'the said property') as trust property. Under the deed of trust, the trustees have been given power to sell the said property. The said property comprised of 16 Cott. 5 Ch. 15 sq. ft. of land together with a two-storeyed old structure in occupation of tenants as aforesaid, for nearly 40 years, fetching a total monthly rent of Rs. 1,100.2. With a view to arrange funds for the trust, the trustees decided to sell the said property. Respondent No. 5 agreed to purchase the said property at a total consideration of Rs. 93.50 lakhs on the terms and conditions agreed in an agreement dated December 8, 1994.3. An advance of Rs. 50,000 as ...
Tag this Judgment!Madhusudhan Das and ors. Vs. Appropriate Authority and ors.
Court: Kolkata
Decided on: Mar-27-1996
Reported in: (1997)143CTR(Cal)342
SHYAMAL KUMAR SEN, J. :The facts, inter alia, involved in this writ petition are that the petitioners are joint trustees under a registered deed of trust dt. 4th June, 1988. Under the said trust, the petitioners as joint trustees hold premises No. 18, Dent Mission Road, Watganj, Calcutta-23, in possession of monthly tenants for long (hereinafter referred to as 'the said property') as trust property. Under the deed of trust, the trustees have been given power to sell the said property. The said property comprised of 16 Cott. 5 Ch. 15 sq. ft. of land tougher with a two-storeyed old structure in occupation of tenants as aforesaid, for nearly 40 years, fetching a total monthly rent of Rs. 1,100.With a view to arrange funds for the trust, the trustees decided to sell the said property. Respondent No. 5 agreed to purchase the said property at a total consideration of Rs. 93.50 lakhs on the terms and conditions agreed in an agreement dt. 8th December, 1994.An advance of Rs. 50,000 as earnest ...
Tag this Judgment!Assistant Commissioner of Vs. Sudeep Chitlangia
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-26-1996
Reported in: (1996)59ITD145(Kol.)
1. This is an appeal filed at the instance of the Revenue against the order of the CIT (Appeals)-V, Calcutta dated 3-11-1993 for the assessment year 1990-91. There is a delay of 2 days in presenting the appeal before the Tribunal. The Assistant commissioner of Wealth-tax, Circle 8-(3), Calcutta has filed a petition for condonation of the delay. We have perused the petition and the reasons given thereof. As we are satisfied that the delay is due to a reasonable cause, we condone the delay in presenting the appeal and proceed to dispose of the matter on merits.2. The assessee is a member of a co-operative society known as Pioneer Co-operative Housing Society Ltd. He has contributed a sum of Rs. 9,79,000 for allotment of a house by the said Society. Undisputedly, the flat is allotted to the assessee during the accounting year relevant to the assessment year 1990-91. In the computation of total wealth, the assessee has not shown the value of the said property under the head 'Immovable pro...
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