Kolkata Court August 2001 Judgments
Assistant Commissioner of Income Vs. Kangra Valley Investment and
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Aug-24-2001
Reported in: (2002)80ITD25Cal
1. These two appeals filed by the Department are against to separate orders of CIT(A) dt. 24th Aug., 2000 deleting the penalty imposed under Section 221 for not depositing in time the taxes deducted at source under Section 193 and 194A respectively for the financial year 1996-97.2. The issues involved in these two appeals are common and as such, the appeals were heard together and a common order is being passed for the sake of convenience.3. The ground taken by the Department in these two appeals is that the CIT(A) erred in cancelling the penalty under Section 221 of the Act on the ground that interest was paid by the assessee.4. Briefly stated, the facts of the case are that the assessee deducted a same of Rs. 38,79,749 on payments made by way of interest on securities under Section 193 of the Act and a sum of Rs. 98,94,225 from the amount paid by way of interest other than interest on securities under Section 194A for the period ending on 31st March, 1997. The assessee actually depo...
Tag this Judgment!Union Bank of India Vs. Vithalbhai Pvt. Ltd.
Court: Kolkata
Decided on: Aug-06-2001
Reported in: AIR2002Cal144; (2001)3CALLT484(HC)
A.K. Ganguly, J.1. This appeal has been filed challenging a judgment and decree dated 12.2.1992 passed by the learned single Judge in Suit No. 272 of 1984. By the said Judgment and decree the learned Judge decreed the suit in terms of prayers (a) and (b) of the plaint. The learned Judge also gave a decree for vacant possession of the suit premises and also passed a preliminary decree appointing an Advocate for ascertaining the mesne profit on and from 25.6.84 untill delivery of posesion. It was also ordered that upon conclusion of the enqiry, the plaintiff-respondent will be entitled to apply for final decree for the amount found due. On this appeal being filed against such judgment and decree, the appeal Court granted stay of the exectution of the decree for ejectment but did not interfere with the direction for enquiry into mesne profits.2. The basic facts of the case, which are not in dispute, are stated here under:3. Vithalbhai Pvt. Ltd., a company incorporated under the Companies ...
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