Kolkata Court January 2002 Judgments
Dy. Cit Vs. I.C.i. (India) Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jan-31-2002
Reported in: (2003)85ITD85(Kol.)
The department has filed this appeal for the assessment year 1993-94 against the order of learned Commissioner (Appeals) dated 31-10-1996 on the following ground : "On the facts and in the circumstances of the case, the learned Commissioner (Appeals)-IV, Calcutta erred in directing to allow depreciation on the additional liability arising to the assessee out of the difference in the rate of exchange of rupee." The relevant facts giving rise to this appeal are that the assessee claimed deduction of Rs. 56,15,081 being depreciation on exchange fluctuations capitalised during the year in respect of foreign exchange loans taken for purchase of plant and machinery. The assessee stated that the deduction was based on the additional liability arising out of difference in rate of exchange of rupee and in support of his claim relied on the decision of the Calcutta High Court in the case of CIT v.Kanoria Chemicals & Industries Ltd. (1994) 207 ITR 718 (Cal). The assessing officer rejected th...
Tag this Judgment!Joint Commissioner of Income Tax Vs. Tata Cummins Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jan-31-2002
Reported in: (2002)82ITD798(Kol.)
1. This is a peculiar appeal filed by the Revenue against the order of the CIT(A) for the asst. yr. 1996-97 whereby he accepted the validity of the return filed by the assessee which was held by the AO to be invalid by invoking the provisions of Section 139(9) of the Act.2. The facts in brief are that the assessee is a public limited company. It filed its return for asst. yr. 1996-97 on 30th Nov., 1996, declaring a loss of Rs. 7,22,91,000. The return was signed by the managing director Sri Ravi Venkateshan under Section 140 of the Act.The acknowledgement sheet, however, was signed by the Manager, Taxation and authorised signatory of the assessee Sri M.P. Nainan.3. The AO processed this return under Section 143(1)(a) of the Act on 26th Dec., 1996, and raised a demand of Rs. 1,600 which was paid by the assessee. Subsequently, the AO entertained an idea that it was a defective return and asked the assessee, vide letter dt. 1st Dec., 1998, to rectify the defect within 15 days, A fresh ack...
Tag this Judgment!Commissioner of Commercial Taxes and ors. Vs. West Bengal Taxation Tri ...
Court: Kolkata
Decided on: Jan-31-2002
Reported in: (2002)1CALLT467(HC)
A. Kabir, J. 1. This writ petition at the instance of the Revenue is directed against the judgment and order passed by the West Bengal Taxation Tribunal on 18th January, 2001, in Case No. R.N. 269 of 1999 quashing the order dated 2nd July. 1998 and 25th May, 1999 passed by the Assistant Commissioner of Commercial Taxes, Special Cell and the Deputy Commis-sioner of Commercial Taxes, Special Cell, respectively cancelling the Eligibility Certificate issued to the respondent No.2 herein under Section 39 of the West Bengal Sales Tax Act, 1994, hereinafter referred to as the 'said Act' with retrospective effect.2. The respondent No,2 is carrying on business under the name and style of M/s. Adarsh Polymers which is an Industrial unit duly registered with the Directorate of Cottage and Small Scale Industries. It began operations in May. 1996, with new plant and machinery for manufacture of HDPE Cloth and Bags. On the application of the respondent No.2 the Assistant Commissioner of Commercial T...
Tag this Judgment!Panchu Mondal and ors. Vs. Central Bank of India and ors.
Court: Kolkata
Decided on: Jan-31-2002
Reported in: (2002)IILLJ506Cal
D.K. Seth, J.Case of the Petitioners:1. The petitioners are the employees of the canteen of the Central Bank of India. They claimed to be absorbed on the principle as enunciated in the case of Parimal Chandra Raha v. Life Insurance Corporation of India, reported in AIR 1995 SC 1666 : 1995 Suppl (2) SCC 611 : 1995-II-LLJ-339. Drawing inspiration from the decision in Indian Overseas Bank v. Indian Overseas Bank Staff Canteen Workers Union, reported in : (2000)ILLJ1618SC it is contended that the petitioners are similarly situated with the Canteen Workers involved in the said case, and as such should be granted the same benefit of absorption. He elaborately submits and points out various materials before this Court, in order to come to conclusion that the provisions for canteen is a part of the conditions of service and as such the employees are the workmen of the Bank concerned. He sought to distinguish the decision in the case State Bank of India Canteen Employees Union v. State Bank of ...
Tag this Judgment!Indian Eyelets Industries and ors. Vs. Regional Provident Fund Commiss ...
Court: Kolkata
Decided on: Jan-31-2002
Reported in: [2002(94)FLR903],(2002)IILLJ1066Cal
Amitava Lala, J.1. In this writ petition, the petitioners have challenged the order passed by the Regional Provident Fund Commissioner (II), West Bengal by imposing levy of damages under Section 14-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, on an organisation named therein. Suchorder was passed on July 9, 1985. The show-cause notice was issued on March 22, 1984. The dues were paid in the year 1977. There is no dispute in respect of dues but there is some delay in depositing the same. In giving reply to the show-cause notice of the year 1984 the petitioners categorically mentioned about the accidental devastating fire which took place in1974 and consequential effect in connection therewith. However, the authorities accepted all the deposits in the year 1977 either in time or within the extended time. When the show-cause notice for imposition of damages or penalty had been issued upon the petitioners, they were surprised and gave the reply, so that the sa...
Tag this Judgment!R.L. Jaiswal and anr. Vs. E.S.i. Corporation and ors.
Court: Kolkata
Decided on: Jan-30-2002
Reported in: (2002)1CALLT474(HC),2002(2)CHN601,[2002(94)FLR116]
P.K. Biswas, J.1. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of the present proceeding being Case No. C/1661 of 1988 under Sections 85(a), 85(e) and 85(g) of the Employees State Insurance Act, 1948 as amended.2. The short fact of this case may be summarised as follows:-The petitioner Nos 1 and 2 are Directors of the Company named and styled as Rajmata India (P) Ltd. (hereinafter referred to as the 'company'). In the Factory of the said Company, there is a Factory Manager duly appointed under the provisions of Factories Act which is to the knowledge of the said Opposite Party, the ESI Inspector.3. Due to the acute financial difficulties, the said Company could make provisions for Just paying the employees so that the Company might not collapse and the old employees may not thrown out of employment and under the provisions as contained in the said Act and Regulations, the said Company is under statutory obligations to pay the ESI dues with...
Tag this Judgment!Smt. Karabi Das Alias Rupa Vs. Sri Paritosh Das
Court: Kolkata
Decided on: Jan-30-2002
Reported in: (2002)2CALLT1(HC),2002(2)CHN383,II(2002)DMC730
A.N. Ray, J. 1. This is an appeal by the wife against the judgment and decree of the lower Court passed on 9th October, 1996, giving a decree of restitution of conjugal rights to the husband.2. The parties were married in 1989. A daughter was born to them. In the matrimonial home the wife used to live with her husband and her in-laws. The last time the parties resided together was in 1991. Thereafter, the wife had left with her daughter to live in her father's house. Some two years before the passing of the impugned Judgment a Judgment and decree was passed in a matrimonial matter between the same parties on the 4th of July, 1994.3. That matter was a divorce petition presented by the husband, inter alia, on grounds of desertion and cruelty. These two grounds formed issues 3 and 4 before the lower Court. On both these issues a favourable ruling was entered in favour of the wife.4. It has been argued before us on behalf of the appellant that in view of the earlier finding in favour of th...
Tag this Judgment!indo American Electricals Ltd. Vs. Commissioner of Central Excise
Court: Kolkata
Decided on: Jan-30-2002
Reported in: 2002LC938(Calcutta),2002(143)ELT530(Cal)
ORDER In view of the foregoing facts and circumstances, I disallow Modvat credit of Rs. 18,38,041.00 (Rupees Eighteen lac thirty eight thousand forty one only) availed by the said assessee in terms of Rule 57-1(1) of C.E.R., 1944 and as the said assessee have already utilized the said Modvat credit. I confirm demand of Central Excise duty to the extent of Rs. 18,38,041.00 in terms of Rule 57-1(1) of C.E.R., 1944 read with Section 11A of C.E.A., 1944 and direct them to pay the same within 30 (thirty) days of receipt of this Order, failing which they will be further required to pay interest @ 24% P.A. in terms of Section 11AA of C.E.A., 1944 till its recovery.' 2. The company becomes sick industrial company by an order dated 8-8-2001. A demand has been made to pay the arrear amount of Rs. 18,38,041.00 by the Superintendent, Central Excise 'E' Range by an order dated 10-10-2001 with a further intimation that in case of failure within the prescribed time given thereunder a coercive measure...
Tag this Judgment!Shruti Ltd. and anr. Vs. Commissioner of Income-tax and ors.
Court: Kolkata
Decided on: Jan-30-2002
Reported in: [2002]255ITR283(Cal)
Amitava Lala, J.1. Let affidavit-of-service filed in court today be kept with the record.2. This writ petition relates to an order of transfer of the assessment of the company from Calcutta jurisdiction to Delhi jurisdiction of the concerned income-tax authority. It appears from the order impugned that the authority on January 1/4, 2002, passed an order of transfer under section 127 of the Income-tax Act, 1961. In such order the entire reply of the show-cause notice has been quoted and ultimately a conclusion has been drawn in a cryptic manner under paragraphs 3 and 4 of such order impugned. Paragraphs 3 and 4 of such order are quoted as follows :'3. The assessee asked for adjournment till the second week of January 2002, to furnish reply stating that its senior consultant was out of Kolkata. Since the proposed transfer was linked with completion of time-bound block assessment proceedings, the assessee was informed vide this office of even No. 765, dated December 13, 2001, that it was ...
Tag this Judgment!Jugal Kishore Singh Vs. State of West Bengal
Court: Kolkata
Decided on: Jan-30-2002
Reported in: (2002)1CALLT528(HC)
P.K. Biswas, J.1. Through this appeal, the appellant Jugal Kishore Singh challenges the Judgment and order dated January 17, 1994 passed by the Additional Sessions Judge, Hooghly in Sessions trial No. 110 of 1993 whereby the convict/appellant has been convicted under Section 304 part - II of the Indian Penal Code and sentenced to suffer rigourous imprisonment for four years. Briefly stated the prosecution case as mainly emerged from the recital contained in the FIR lodged by one Biswanath Routh is as under:2. That on 27.1.1993 at about 11 p.m. one Sunil Kumar Routh, an employee of Gurubhata came to Chandanpore Milanbhata to meet some villagers of Chandanpore and at that time he was under the Influence of liquor. Sunil made some in-coherent speech for which Jugal Kishore Singh, a Munshi of Milanbhata, took serious exception and out of anger and annoyance he started assaulting Sunil with fists, blows and kicks, when Sunil fell down being so assaulted. 3. Jugal Kishore Singh also tied his...
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