Kolkata Court November 1997 Judgments
Commissioner of Income-tax Vs. Air Survey Co. of India (P.) Ltd.
Court: Kolkata
Decided on: Nov-28-1997
Reported in: [1998]232ITR707(Cal)
1. The following question of law has been referred for our opinion :'Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to investment allowance under Section 32A on the aircraft radio ?'2. The answer to this question revolves around the interpretation to be put to Section 32A of the Income-tax Act, 1961, particularly, the expression 'manufacture or production of any article or thing' as occurring in Sub-section (2) of that section.3. The assessee is Air Survey Co. of India (P.) Ltd., and the assessment year relevant for our purpose is 1983-84. The assessee derives its income from surveying, mapping, aerial photography and aero-magnetic photography done for the Surveyor-General of India and the Atomic Mineral Division of Government of India. The assessee claimed investment allowance under Section 32A of the Income-tax Act, 1961, in respect of the aircraft-radio purchased in the previous year relevant to assessment ye...
Tag this Judgment!Commissioner of Income-tax Vs. Supreme Credit Corporation Ltd.
Court: Kolkata
Decided on: Nov-28-1997
Reported in: (1998)148CTR(Cal)539,[1998]230ITR700(Cal)
1. The following question has been referred for our opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the income from the leasehold property should be assessed as income from 'house property' and not from 'other sources' ?'2. The point indeed is very simple. Under Section 22 of the Income-tax Act the value of the property which is chargeable to income-tax shall be chargeable to income-tax under the head 'Income from house property', if the assessee is the owner of the property. The admitted facts in this case was that the assessee was the lessee of the property at 302A, Rabindra Sarani, Calcutta, which was leased out to it by one Jai Durga Investment Company, its owner, for a period of 80 years. The lessee had the option to build or rebuild the structure over the leased land and also had the right to demolish the existing structure. Relying upon the judgment of this court in Ballygunge Bank Ltd. v. CIT : [1946]14ITR409...
Tag this Judgment!Dipankar Banerjee Vs. Tanuja Banerjee
Court: Kolkata
Decided on: Nov-27-1997
Reported in: (1998)2CALLT1(HC),1998(1)CHN488,1998CriLJ907
D.B. Dutta, J 1. The case is taken up for final disposal of the revlsional application. Heard the arguments and counter arguments advanced by the learned Advocates for both the petitioner and the opposite party. On behalf of the petitioner affidavit of service is filed today which shows that service was effected within the time specified by my order dated 6.11.97. While admitting the revisional application I granted Interim stay of operation of the Impugned order dated 23.9.97 passed In M.C. Execution case No. 28/ 96 in the court of 5th Judicial Magistrate. Serampure, for a limited period so far as that order directs issuance of warrant of arrest In the event of non-payment of arrear maintenance within the date fixed by that order and the learned Advocate for the petitioner during the hearing of this petition challenged only the legality of that part of the Impugned order which directs Issuance of warrant of arrest In the event of default in payment of arrear maintenance allowance. On ...
Tag this Judgment!Paresh Chandra Koji Vs. the State
Court: Kolkata
Decided on: Nov-27-1997
Reported in: 1998CriLJ923
ORDERDibyendu Bhusen Dutta, J. 1. The Present revisional application is directed against the order dated November 26, 1992 passed in Special Court Case No. 5 of 1992 by the Judge, First Special Court, Birbhum at Suri.2. On the basis of a complaint lodged by the Chief Medical Officer of Health, Birbhum, on November 11, 1987 with the officer-in-Charge of Suri Police Station, Suri P.S. Case No. 15 dated 11-11-87 was started under Sections 467, 468, 471, 120B, 477A, 420 of the Indian Penal Code. In the said complaint it was alleged that in course of an audit conducted by the officers of A.G., West Bengal from March 11,1987 to April 13,1987, it was detected that a huge amount of government money to the tune of Rs. 4.94 lacs had been drawn fraudulently during the period from December 1, 1982 to July 31, 1985. In the said complaint, it was suspected that the officers and staff of the Department of Health and Family Welfare as well as Birbhum Treasury were involved in a conspiracy to defalcate...
Tag this Judgment!Commissioner of Income Tax, West Bengal Ii, Calcutta Vs. M/S. Indus Se ...
Court: Kolkata
Decided on: Nov-26-1997
Reported in: (1998)1CALLT223(HC),[1998]230ITR328(Cal)
The Court 1. Very intricately vexed, but otherwise plainly and simply speaking, the following four questions have been referred to us for our opinion :--(1) Whether on the facts and in the circumstances of the case, where the Commissioner of Income-tax gave a clear finding of fact in his order under section 263 of the Income-tax Act, 1961 that Income-tax Officer allowed relief under section 80-O of the said Act to the assessee on the entire amount of convertible foreign exchange receivable on account of the Nigerian contract without verifying whether the entire amount of such foreign exchange was received in India; the finding of the Tribunal that there is no good reason brought on record by the Commissioner for setting aside the assessment is based on any relevant evidence or perverse? (2) Whether on the facts and in the circumstances of the case, the tribunal was justified in law in holding that section 80-O of the Income Tax Act, 1961 did not prescribe any time limit for bringing th...
Tag this Judgment!Bijoy Kumar Biswas Vs. Nabayug Large Sized Co-operative Agricultural C ...
Court: Kolkata
Decided on: Nov-26-1997
Reported in: [2000]100CompCas102(Cal)
Gitesh Ranjan Bhattacharjee, J. 1. In this writ petition the petitioner has challenged the notice annexure 'E' to the writ petition issued by the secretary, Nabayug Large Sized Co-operative Agricultural Credit Society Ltd. convening a special general meeting of the members of the said cooperative society for the purpose of holding election for the reconstitution of the board of directors of the society. The notice also contains the election programme. The petitioner is a member of the said co-operative society. The secretary of the co-operative society convened the special general meeting for holding the election of directors as he was directed by the Assistant Registrar of Co-operative Societies (ARCS) to do so. In view of sections 2(37), 9, 10 of the West Bengal Co-operative Societies Act, 1983, an ARCS appointed to assist the Registrar and empowered to exercise his powers and duties, as permissible, also comes within the term 'Registrar'. 2. The petitioner has challenged the notice ...
Tag this Judgment!Commissioner of Income-tax Vs. Sunidhi Properties
Court: Kolkata
Decided on: Nov-26-1997
Reported in: [1998]230ITR157(Cal)
1. The following question of law has been referred for our opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee manufactured and produced 'articles' within the meaning of Section 80J(4)(iv) (now Section 80-I(2)(iv) of the Act) of the Income-tax Act, 1961, and thereby directing the Assessing Officer to allow deduction under Section 80I of the said Act in the assessment year 1983-84 ?'2. The Income-tax Officer disallowed the claim of the assessee regarding deduction under Section 80I of the Income-tax Act with respect to the construction of multi-storeyed buildings and sale of flats to customers on the ground that the assessee was not entitled to such deduction under Section 80I of the Act. On appeal by the assessee, the Commissioner of Income-tax (Appeals) set aside the aforesaid finding of the Income-tax Officer and held that the activities of construction of multi-storeyed buildings consisting of flats is nothing...
Tag this Judgment!Commissioner of Income Tax Vs. Indus Services Ltd.
Court: Kolkata
Decided on: Nov-26-1997
Reported in: (1998)147CTR(Cal)107
BY THE COURT :Very intricately vexed, but otherwise plainly and simply speaking, the following four questions have been referred to us for our opinion :'(1) Whether, on the facts and in the circumstances of the case, where the CIT gave a clear finding of fact in his order under s. 263 of the IT Act, 1961, that the ITO allowed relief under s. 80-O of the said Act to the assessee on the entire amount of convertible foreign exchange receivable on account of the Nigerian contract without verifying whether the entire amount of such foreign exchange was received in India, the finding of the Tribunal that there is no good reason brought on record by the CIT for setting aside the assessment is based on any relevant evidence or perverse ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that s. 80-O of the IT Act, 1961, did not prescribe any time limit for bringing the convertible foreign exchange into India for the purpose of relief un...
Tag this Judgment!Commissioner of Income Tax Vs. New Gujarat Cotton Mills Ltd.
Court: Kolkata
Decided on: Nov-26-1997
Reported in: (1998)148CTR(Cal)563
Vinod Kumar GuptaThe following question of law has been referred for our opinion :'Whether, on the facts and in the circumstances of the case and on a correct interpretation of the relevant provisions of law, the Tribunal was justified in holding that sales tax liability amounting to Rs. 2,59,361 accrued during the previous year relevant to the assessment year 1978-79 and in that view sustaining the order of the Commissioner (Appeals) allowing the assessee's claim for the said deduction ?'2.The assessee is a limited company and derives income from textiles. The point in dispute is with regard to deduction of Rs. 2,59,361 under the heading 'Sales Tax'. The assessee claimed the aforesaid deduction for the assessment year 1975-76 and for the assessment years 1961-62 to 1965-66 as per the details hereinbelow :Rs.(1)Liability for the assessment year 1975-761,69,678(2)Liability for the assessment years 1961-62 to 1965-6689,6833.The Income Tax Officer did not allow the deduction in respect of...
Tag this Judgment!Sri. Laxmi Paper Depot Vs. Sub-divisional Officer and anr.
Court: Kolkata
Decided on: Nov-25-1997
Reported in: AIR1998Cal195
V.K. Gupta, J.1. The appellant is aggrieved by the judgment and decree passed by the learned 2nd Court of the Assistant District Judge, 24-Parganas at Alipore in Money Suit No. 49 of 1984 (Sri Laxmi Paper Depot v. The Sub-Divisional Officer, Bongaon And Another) where the appellant's suit for recovery of money has been dismissed only on the ground of non-joinder of parties viz. non-impleadment of the State of West Bengal as a party defendant in that suit.2. In the suit as filed by the appellant, the Sub-Divisional Officer, Bongaon and the Collector, 24-Parganas at Alipore, District 24-Parganas were impleaded as defendant Nos. 1 and 2. The appellant's suit related to the recovery of money in respect of the supplies allegedly made by the appellant to the defendants. The following four issues were framed by the learned Trial Judge :1. Is the suit maintainable? 2. Is the suit barred by any provision of taw? 3. Is the Plaintiff entitled to get a decree as prayed for? 4. To what other relief...
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