Kolkata Court June 2001 Judgments

Commissioner of Income-tax Vs. Ramlal Agarwala

Court: Kolkata

Reported in: (2001)169CTR(Cal)558,[2001]250ITR828(Cal)

1. On an application under Section 256(1) of the Income-tax Act, 1961, the Tribunal has referred the following :'Whether, on the facts and in the circumstances of the case, particularly, when the incentive bonus has been assessed under the head'Salary' and not as professional income, the Income-tax Appellate Tribunal was justified in law in allowing 40 per cent, deduction from the incentive bonus ?'2. The assessee is a Development Officer of the Life Insurance Corporation. The assessee claimed an amount of Rs. 23,871 as expenses against incentive bonus received as per separate profit and loss account. The Assessing Officer rejected the claim of the assessee on the ground that the assessee is an employee and received the incentive bonus on account of an employee of the Life Insurance Corporation. When standard deduction under Section 16 has been allowed there is no question of further allowing 40 per cent, deduction from the incentive bonus. This view has been affirmed by the Commission...

Commissioner of Income-tax Vs. Estate Mineral Development Co. P. Ltd.

Court: Kolkata

Reported in: [2002]253ITR757(Cal)

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 was justified in law in holding that the capital gain, if any, arising from the acquisition of the assessee's land is not assessable in the assessment year 1965-66?'2. The assessee is Estate Mineral Development Co. (P.) Ltd. and the assessment year under reference is 1965-66.3. The original assessment in this case was completed under Section 143(3) of the Income-tax Act, 1961, on June 30,1987. Subsequently, the assessment was reopened under Section 147(a) of the Act on the material information in the possession of the Assessing Officer that the assessee has received compensation of Rs. 8,23,188 from the Government of Orissa. The assessee has claimed that this amount is not taxable. The claim of the assessee was rejected. The amount of compensation was taxed as capital gains (sho...

Cit Vs. Estate Mineral Development Co. (P) Ltd.

Court: Kolkata

Reported in: [2001]118TAXMAN551(Cal)

ORDEROn 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 was justified in law in holding that the Capital Gain, if any, arising from the acquisition of the assessee's land is not assessable in the assessment year 1965-66 ?'2. The assessee is Estate Mineral Development Co. (P) Ltd. and the assessment year under reference is 1965-66.3. The original assessment in this case was completed under section 143(3) of the Act, on 30-6-1987. Subsequently, the assessment was reopened under section 147(a) of the Act on the material information in possession of the assessing officer that the assessee has received the compensation of Rs. 8,23,188 from the Government of Orissa. The assessee has claimed that this amount is not taxable. The claim of the assessee was rejected. The amount of compensation was taxed ...

Commissioner of Income-tax Vs. Rai Bahadur Bissweswarlal Motilal Kalwa ...

Court: Kolkata

Reported in: [2001]252ITR84(Cal)

1. On an application under Section 256(2) of the Income-tax Act, 1961, this court has directed to refer the following question for our opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that there was no violation of any of the provisions of Section 13 of the Income-tax Act, 1961, by the assessee-trust in advancing money amounting to Rs. 98,000 to the two employees to warrant denial of the benefit of Section 11 ?'2. In compliance with the direction of this court the aforesaid question has been referred for our opinion.3. The assessee is a charitable trust. During the course of assessment and on an examination of the accounts, the Income-tax Officer found that a sum of Rs. 98,000 has been shown as refundable aids in the assets side of the balance-sheet. On further scrutiny of details filed during the course of the hearing, the Assessing Officer further found that the said sum of Rs. 98,000 was paid to one Sri N. K. Kothari ...

Mining and Allied Machinery Corpn. Ltd. Vs. Smt. Mita Mukherjee

Court: Kolkata

ORDERGirish Chandra Gupta, J.1. This appeal is directed against an order dated 14-7-1999 passed by the learned Single Judge allowing the writ petition. The learned Judge directed as follows :'Let a writ of mandamus be issued directing the respondent Nos. 1 to 4 to take all steps in accordance with law to revise in the pay of the petitioner and other staffs of the school so that the same becomes at par with those of the staffs of non-Government aided secondary institution/school as prescribed by the State Government and, therefore, the condition for grant of recognition of the school is fulfilled.'2. Mr. Saptangshu Basu appearing in support of the appeal did not challenge the order on merits. His contention was that the appellant who was the respondent No. 1 in the writ petition is a BIFR company and, therefore, the impugned order which is in effect an order for payment of money should not have been passed. He placed strong reliance on the judgment of the Apex Court in the case of N.T.C...

Cit Vs. Rai Bahadur Biseswarlal Motilal Halwasiya Trust

Court: Kolkata

Reported in: [2001]118TAXMAN556(Cal)

ORDEROn an application under section 256(2) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), this court has directed to refer the following question for our opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that there was no violation of any of the provisions of section 13 of the Income Tax Act, 1961 by the assessee-trust in advancing money amounting to Rs. 98,000 to the two employers to warrant denial of the benefit of section 11 ?'2. In compliance of direction of this court the aforesaid question has been referred for our opinion.3. The assessee is a charitable trust. During the course of assessment and on examination of the accounts the Income Tax Officer found that a sum of Rs. 98,000 has been shown as refundable aids in the assets side of the balance sheet. On further scrutiny of details filed during the course of the hearing, the assessing officer further found that the said sum of Rs. 98,000 was ...

Assistant Commissioner of Income Vs. Ajoy Bhauwala

Court: Income Tax Appellate Tribunal ITAT Kolkata

Reported in: (2002)80ITD79(Kol.)

1. This is an appeal by the Revenue against the order of Dy. CIT(A) for asst. yr. 1992-93. The following ground is raised in this appeal: "That, on the facts and in the circumstances of the case, the learned Dy. CIT(A) has erred in treating the capital expenditure of Rs. 50,000 as a revenue expenditure." 2. There is delay of 2 days in filing the appeal. We are satisfied that there are sufficient and reasonable cause for such delay in filing the appeal. The delay is condoned and the appeal is disposed of on merits.3. The assessee was dealing in shares consequent upon his admission to the membership of Calcutta Stock Exchange in the previous year relevant to the asst. yr. 1991-92- He had paid a sum of Rs. 5 lakh to the Calcutta Stock Exchange Association by way of development fees, 1/10th of which was claimed as deduction under Section 35D of the Act.4. During the course of the proceedings before the AO the assessee also made a claim that it was a fee and consequently, the expenditure w...

Transport Development Corporation Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2007(3)CHN118

D.K. Seth, J.1. I have gone through the order No. 45 dated 8th September, 2000 passed in Case No. VIII-146/96 impugned in this writ petition. The same is a well reasoned one. Interim relief under Section 15(2)(b) of the Industrial Disputes Act as amended in West Bengal can be granted if prima facie case is made out. It appears from the materials produced that a prima facie case is made out. I do not find any perversity or infirmity in the impugned order in order to invoke writ jurisdiction.2. Learned Counsel for the petitioner contended that Section 15(2)(b) of the Industrial Disputes Act does not apply in the present case since the workman had left the service on his own accord. Therefore, in the present case, unless the workman is able to establish a prima facie case contrary to the case pleaded by the petitioner employer, Section 15(2)(b) of the said Act cannot be attracted. He has relied on the decision in the case of Webel NiccoElectronics Limited v. Anima Roy CLT 1997(1) HC 243 a...

Mahadevia and Mehta Vs. Asstt. Cit

Court: Kolkata

Reported in: (2001)72TTJ(Cal)439

ORDERPramod Kumar, A.M.These appeals filed by the assessee are directed against consolidated order dated 9-10-1995, passed by the learned Commissioner (Appeals), Calcutta V, in the matter of order under section 186 read with section 184(7) of the Income Tax Act, for the assessment years 1990-91, 1991-92 and 1992-93. The appellant has raised a number of grounds of appeal but the basic arising for our adjudication is whether on the facts of this case, the learned Commissioner (Appeals) was justified in upholding refusal of registration to the appellant-firm.2. M/s. Mahadevia & Mehta, the assessee before us, is a partnership concern and it has undergone some changes in constitution of the firm from time to time. One of the clauses of the partnership deed dated 10-11-1977, namely clause No. 17, provided as under :'17. On the death of any party, the deceaseds legal heirs shall be the partner and the partnership business shall continue, subject to the articles of this deed of partnership.'3....

Data Cables Ltd. and ors. Vs. State Bank of India

Court: DRAT Kolkata

1. The appeal arises out of order dated 28.3.2000 passed by the learned Presiding Officer, Debts Recovery Tribunal, Patna, in Execution Case No. 55 of 1999.2. The respondent State Bank filed a claim case against the appellant in a Civil Court and got a decree by way of compromise between the parties. Hereafter, it was transferred to the Debts Recovery Tribunal in view of the promulgation of Recovery of Debts Due to Banks and Financial Institutions Act. On receipt of the record, the learned Presiding Officer issued a certificate. Being aggrieved, this appeal has been preferred alleging that no opportunity was given to the appellant to contest the issuance of certificates. It is alleged that the Bank induced the appellant to enter into a compromise by granting "no objection" certificate, that subsequently, it appeared to the appellant that such "no objection" certificate was not in accordance with law. It is also alleged that the compromise decree was a preliminary one and there was no ...