Kolkata Court May 2001 Judgments

In the Matter Of: Shaw Wallace and Company Ltd. Vs. in the Matter Of: ...

Court: Kolkata

Reported in: (2001)2CALLT367(HC)

ORDER1. In the Winding up petition filed by the petitioner in C.P. No. 248 of 1996 against Shaw Wallace & Co. Ltd. (hereinafter referred to as the 'Company') for a sum of Rs. 5,09,93,927/- inclusive of interest, by order dated September 30, 1996, it was recorded that the Company 'admits the liability for Rs. 4 crores being the principal amount due and payable and also agrees to pay interest at the rate of 20% from 2nd August 1995 till the date of the winding up petition.'2. The final direction was as follows :--'In that view of the matter, considering the facts and circumstances of this case, I direct that Interest should be paid at the rate of 22% until the date of filing of the winding up petitioner on the admitted principal amount of Rs. 4 crores and thereafter at the rate of 12%. The company is allowed to pay the principal amount along with interest which has accrued due by six monthly instalments, the first of such instalment to be paid on 4th November. 1996 and all subsequent ins...

Samir Kumar Ghosh and ors. Vs. West Bengal Essential Commodities Suppl ...

Court: Kolkata

Reported in: (2001)3CALLT193(HC)

The Court 1. The petitioners 73 in number are all employees of respondent Corporation which is 'a Government Company incorporated under the Companies' Act and carries on business predominantly Government activity of a monopolistic nature'.2. The petitioners have inter alia prayed for a direction to the respondents to forbear from giving any effect of further effect to the carrier advancement scheme as amended in 1998 and the order dated March 10, 2000 passed by the Managing Director being annexures 'K.' and 'M' respectively to the instant writ application.3. The back ground facts of the case are that the Government of West Bengal by its memorandum No. 6075-F dated June 21, 1990 introduced a career advancement scheme (annexure 'F').4. The Board of directors of respondent Corporation by its Memorandum dated 6.8.1993 introduced 'a career advancement scheme for its employees' (for short CAS93) keeping in mind the principles adopted by the State Government in respect of their employees as l...

Commissioner of Income-tax Vs. Chloride Industries Ltd.

Court: Kolkata

Reported in: [2001]251ITR730(Cal)

Y.R. Meena, J. 1. On an application under Section 256(1) of the Income-tax Act, 1961, the Tribunal has referred the following question for our opinion : 'Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the entire travel concession or assistance received by the employee has to be excluded from the purview of Section 40A(5) of the Act read with Section 10(5) and Rule 2B of the Income-tax Rules ?' 2. The asses see-company has filed the return on June 27, 1990, disclosing net profit of Rs. 5,89,45,220. During the course of assessment, the Assessing Officer noticed that the company has paid travelling allowances in contravention of Rule 2B of the Income-tax Rules, 1962. Therefore, the amount of Rs. 8,873 has been disallowed in the hands of the employee. The Assessing Officer has taken the view, when the amount of Rs. 8,873 is not exempted under Section 10(5) of the Act of 1961, this amount should not be excluded for disallowance under...

Shri Dibyendu Biswas Vs. RobIn Deb and ors.

Court: Kolkata

Reported in: AIR2002Cal131

ORDERK.J. Sengupta, J. 1. This election petition has been brought before this Court for the following reliefs :- (a) That the declaration of the result of 152, Ballygunge Assembly constituency made by the respondent No. 1 on 11th May, 1996 declaring the respondent No. 7 as the elected candidate is void, invalid and inoperative and the same should be set aside and/or quashed. (b) That there be a recounting of votes for the last election of 152, Ballygunge Assembly Constituency held on 7th May, 1996 under the supervision officer appointed by this Hon'ble Court, declaration should be made after such recounting that the petitioner has been duly elected in the said election for the said Assembly constituency and not the respondent No. 7. (c) Ad-interim order directing the respondent No. 1 to produce used and unused ballot papers Including cancelled ballot papers, tender ballot papers and postal ballot papers of 152, Ballygunge Assembly Constituency for the election held on' May 7, 1996 be...

Cit Vs. Chloride Industries Ltd.

Court: Kolkata

Reported in: [2001]117TAXMAN602(Cal)

Meena, J. On an application under section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), the Tribunal has referred the following question for our opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the entire travel concession or assistance received by the employee has to be excluded from the purview of section 40A(5) of the Act, read with section 10(5) and rule 2B of the Income Tax Rules ?'2. The assesee-company has filed the return on 27-6-1990, disclosing net profit of Rs. 5,89,45,220 during the course of assessment. The assessing officer noticed that the company has paid travelling allowances in contravention of rule 2B of the Income Tax Rules, 1962. Therefore, the amount of Rs. 8,873 has been disallowed in the hands of the employee. The assessing officer has taken the view, when the amount of Rs. 8,873 is not exempted under section 10(5) of the Act, this amount should not be excluded for dis...

United Bank of India Vs. Guru Forging and Agrico Pvt. Ltd.

Court: DRAT Kolkata

1. The appeal is directed against the judgment and order of the learned Presiding Officer, Debts Recovery Tribunal, Calcutta, dated 28.6.2000 in Case No. O.A. 6/1997 of the Tribunal.2. The present appellant from time-to-time in accordance with the usual practice of the Bank lent certain sums of money to the respondent No. 1 Company of which respondent Nos. 2 and 3 were originally the partners while respondent No. 4 subsequently purchased the Company and took upon himself the liability to pay the dues from the Company. Since, the loan was not repaid the Bank filed a claim case before the Debts Recovery Tribunal for realising a sum of Rs. 65 lakhs and odd. While the proceeding was in progress, there were series of talks as also exchange of letters containing proposals and counter proposals between the parties namely, the Bank and Company ultimately resulting in offer from the Bank by its letter dated 7.10.1997 wherein the Bank agreed to accept 33 lakhs by way of full satisfaction of due...

Commissioner of Income-tax Vs. Anamika Builders Pvt. Ltd.

Court: Kolkata

Reported in: (2001)170CTR(Cal)136,[2001]251ITR585(Cal),[2001]117TAXMAN356(Cal)

1. Heard learned counsel for the Revenue. None appears for the assessee.2. On an application under Section 256(2) of the Income-tax Act, 1961, the Tribunal was directed to refer the following questions for the opinion of this court.'1. Whether, on the facts and in the circumstances of the case, there was any mistake apparent from the records within the meaning of Section 254(2) of the Income-tax Act, 1961, and whether the Tribunal was justified in holding that the income arising out of the unsold flats should be assessed as business income and not as income from house property ?2. Whether, on the facts and in the circumstances of the case, the order passed by the Tribunal under Section 254(2) of the Income-tax Act, 1961, is sustainable in law ?'3. The aforesaid questions have been referred for the opinion of this court.4. The assessee-company received rental income of Rs. 36,000 from unsold flats. The Assessing Officer taxed the same as income from house property, though the assessee c...

Bagmari Tea Co. Ltd. Vs. Commissioner of Income-tax

Court: Kolkata

Reported in: [2001]251ITR640(Cal)

1. On an application under Section 256(2) of the Income-tax Act. 1961, the Tribunal has referred the following questions for our opinion :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in confirming the disallowance of Rs. 36,166 representing the value of absoletc stores written off ?2. Whether, on the facts and in the circumstances of the case and having regard to Rule 6DD(j) of the Income-tax Rules, 1962, the Tribunal was right in confirming the disallowance of Rs. 65,500 under Section 40A(3) of the Income-tax Act, 1961 ?' 2. The assessee carries on business of manufacture and sale of tea as well as money-lending business. For the assessment year 1977-78, the assessment was completed under Section 143(3) read with Section 144B on September 5, 1980. The total income assessed at Rs. 8,17,260. During the course of the assessment, the Income-tax Officer noticed that assessee has claimed deduction of Rs. 50.166, on account of the written off value o...

Hybo Hindusthan and anr. Vs. Sethia Hosiery Mills

Court: Kolkata

Reported in: 2002(24)PTC65(Cal)

Ashim Kumar Banerjee, J.1. Plaintiff being a registered holder of the trade mark 'VIP' has brought this action against the defendant for infringement of trade mark and copyright belonging to the plaintiff and for other reliefs. An interim application has been made by the plaintiff, inter alia, praying for injunction restraining the respondent from using the mark 'VIP' in relation to any hosiery products or readymade garments similar to the mark of the petitioner as also for other consequential relief. On the said application being moved on 29th October, 1999 an ad interim order of injunction was passed restraining the respondent from using the trade mark herein. The said interim order is still continuing. Now the matter has come up for final hearing before me.2. Mr. Sudipta Sarkar, learned counsel appearing for the plaintiff/petitioner submits that since he is the holder of the registered trade mark under the Trade and Merchandise Marks Act, 1958 as well as under the Copyright Act the ...

Eastern Coalfields Ltd. Vs. Khogen Bouri and ors.

Court: Kolkata

Reported in: (2002)IILLJ469Cal

ORDER1. Heard the learned counsel for the parties.This appeal is directed against a judgment and order dated December 9, 1999 passed by a learned single Judge of this Court whereby the learned single Judge was pleased to hold that a departmental proceeding which was held against the petitioner for dismissal from service by an order dated May 24, 1996 are unsustainable and the entire disciplinary proceedings including the final order of dismissal were quashed. There was also an order directing the respondents to forthwith reinstate the petitioner in service along with his arrears of salary and other benefits. Against the said judgment there was an order of stay by the Appeal Court as a result of which the writ petitioner/respondent was not reinstated by the appellants herein.2. Pursuant to our order previously passed in this Appeal the original records relating to the departmental proceeding viz. dismissal order, the enquiry proceeding and the charge-sheet were placed before us. We have...