Kolkata Court September 1996 Judgments
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Assistant Commissioner of Vs. Anupam Pictures (P.) Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Sep-09-1996
Reported in: (1997)60ITD640(Kol.)
1. The assessee in these appeals is a closely-held company liable to wealth-tax under section 40 of the Finance Act, 1983. On 17th July, 1984 it entered into a document styled as 'Memorandum of Agreement for Lease' with one Kanhaiyalal Mehrotra in respect of the roof portion of the premises at No. 22 x 92, Elliot Road, Calcutta, of which Mehrotra was the absolute owner. The premium for the lease was fixed at Rs. 20,000. The lease was to be for a period of 30 years. It was further agreed between the parties that a lease deed as such would be executed and registered after completion of certain formalities. The lessee, i.e., the assessee, was to be given permission for erecting one or two stories on the roof portion of the premises as per the plan sanctioned by the Calcutta Municipal Corporation. It was agreed that the assessee would be entitled to assign or transfer its right, title and interest in the floors to be built to any other person with the previous consent of Mehrotra, the les...
Mohit Kumar Saha Vs. New India Assurance Co. Ltd. and Others
Court: Kolkata
Decided on: Sep-06-1996
Reported in: 1997ACJ1170,AIR1997Cal179
ORDER1. By this writ application under Article 226 of the Constitution of India the petitioner seeks inter alia a direction upon the respondent No. 1. The New India Assurance Company Ltd. ('the respondent company') for short) and its officer the 2nd, 3rd, 4th & 5th respondents 'to meet fully and completely (the) petitioners claim against the insurance policy (No. 4355601460 4355601460 and endorsement No. 4355630037 4355630037 ) ('the said insurance policy' for short) referred to in the petition for the loss of the insured' truck registration No. WGB 5531 and to pay interest thereon atthe rate of 18 per cent per annum as well as a direction upon the manager of the Bank of Boroda, Kharagpur Branch to adjust its dues in the loan account of the petitioner 'with the amount so receivable from the respondent' company and to furher forbear from proceeding against the petitioner or the guarantors or against any property belonging to them for the recovery of the dues of the Bank of Boroda in the...
Commissioner of Income-tax Vs. Jiajee Rao Cotton Mills Ltd.
Court: Kolkata
Decided on: Sep-03-1996
Reported in: [1997]227ITR860(Cal)
Visheshwar Nath Khare, C.J.1. This reference under Section 256(1) of the Income-tax Act is at the instance of the Revenue. The Tribunal has referred the following questions of law for the opinion of this court : ' 1. Whether, on the facts and the circumstances of the case, the Tribunal was justified in upholding the deletion of the addition of Rs. 1,56,195 being provision for purchase tax liability ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the deletion of Rs. 15,444 on purchase tax liability and Rs. 47,624 as provision for sales tax ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the deletion of Rs. 1,08,281 representing unpaid wages and bonus for the accounting year 1974-75 written back to the profit and loss account for the relevant assessment year ? 4. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that for the purpose...
Arunangshu Chakraborty Vs. Aajkal Publishers Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Sep-03-1996
Reported in: (1998)IIILLJ775Cal
V.N. Khare, C.J.1. There will be an order in terms of prayer (a) of the petition.The appeal is treated as on day's list.2. This appeal arises out of a judgment and order of the learned Single Judge of this Court dated August 1, 1996 whereby the learned Single Judge had disposed of the writ application filed by the petitioner/respondent.3. The petitioner/respondent is a publishing company engaged in the business of publishing daily newspaper 'Aajkal'. The appellant/respondent is its employee. It appears that the management of the petitioner/respondent reverted the appellant. Under such circumstances, an industrial dispute arose. The matter was referred to the Tribunal for adjudication.4. At this stage a writ application was filed in this Court on the ground that since the service of the workman has not been terminated, reference is bad. This was accepted by this Court. Consequently, reference was quashed.5. Being aggrieved, the employee had taken the matter before the Supreme Court. The...
Guru Ispat Ltd. Vs. Joint Director General of Foreign Trade
Court: Kolkata
Decided on: Sep-03-1996
Reported in: 1996(87)ELT378(Cal)
Samaresh Banerjee, J.1. The petitioner company, who is a transferee of the Special Import Licence bearing No. P/W/1530312/C/XX/36, dated 25th August, 1995 issued in favour of the Respondent No. 3, has prayed for issue of a Writ in the nature of Mandamus commanding the Respondent No. 1 to issue a duplicate copy of the Special Import Licence. A prayer has also been made for a declaration that Paragraph 21 of the Handbook of Procedure (1992-97), so far as the same purports to provide that the duplicate copy of the freely transferable licence cannot be issued, is ultra vires The Constitution of India.2. Admittedly, the aforesaid licence is a fully transferable licence and although the same was issued in favour of the Respondent No. 3, the same was transferred in favour of the petitioner company on payment of valuable consideration.3. It is the case of the petitioner that after such licence was so transferred in favour of the petitioner in August 1995, the Petitioner No. 2, who is a Directo...
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