Kolkata Court April 2003 Judgments
Dcit, Spl. Range-6 Vs. A. Tosh and Sons Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Apr-30-2003
Reported in: (2004)89ITD138(Kol.)
1. The above mentioned two appeals bearing ITA Nos. 1666 & 1667 (Cal)/97 have been filed by the assessee-company against the consolidated order dated 29-11-96 passed by the CIT(A) arising out of the order dated 19-3-91 passed by the A.O. under Section 163 or the Income-tax Act, 1961 (for short, the Act) pertaining to the asst. year 1988-89.1.1 The other appeal bearing ITA No. 811(Cal)/97 has been filed by the revenue against the consolidated order dated 4-12-96 passed by the CIT(A) arising out of two separate asstt. orders, both dated 28-3-94 passed by the A.O. under Section 163/148/143(3) of the Act for the A.Y.1988-89.1.2 These three appeals were consolidated and were heard together.Hence, a consolidated order is being passed, for the sake of convenience.2. We shall first take the appeals filed by the assessee arising out of the order passed under Section 163 of the Act. The material facts, in brief as has been unfolded by the orders of the authorities below, statement of facts ...
Tag this Judgment!R.R. Sen and Brothers Vs. Joint Commissioner of Income Tax
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Apr-30-2003
Reported in: (2005)95TTJ(Kol.)398
"1. For that the learned CIT(A) erred in law as well as in fact in not allowing the benefit under Section 80HHC of the Act in respect of the profit derived by exporting the surplus foreign currency notes to abroad and selling such foreign currency in the foreign country and bringing the sale proceeds in convertible foreign exchange. 2. For that the learned CIT(A) failed to appreciate that the appellant under the licence issued by the RBI carries on the business not only of purchasing and selling the foreign currency notes in India but also is allowed under the permission of the RBI to export the surplus foreign currency notes in the foreign countries abroad and such foreign currency notes are being sold in the foreign countries and the sale proceeds also are realised in convertible foreign exchange and brought into India in such convertible foreign exchange. (3) For that the learned CIT(A) erred in holding that the foreign currency notes cannot be said to be goods for the purpose of S...
Tag this Judgment!Priya Chemicals Vs. West Bengal Commercial Taxes and ors.
Court: Kolkata
Decided on: Apr-30-2003
Reported in: [2003]132STC145(Cal)
Kalyan Jyoti Sengupta, J.1. In this matter rule was issued but drawing up of rule was dispensed with as the learned lawyers for the respondents insisted so and obtained direction for filing affidavits but no affidavit nor any power has been filed. On November 21, 2000 the matter came up for hearing before me and on that date I extended time to file affidavit-in-opposition. Despite extension of time no affidavit-in-opposition was filed ultimately, the matter was heard ex parte on February 13, 2002 and again on June 28, 2002. Neither on the aforesaid two dates learned lawyers for the State appear, nor to speak of filing any affidavit-in-opposition. Under such circumstances I had no option but to consider this matter, on the basis of the allegations made in the petition. In this matter three orders of the respective hierarchy of the sales tax authorities have been challenged. The said three orders were passed, firstly, by the Commercial Tax Officer, Lyons Range, 14 Beliaghata Main Road, C...
Tag this Judgment!Sajjan Kumar Sharma Vs. Commercial Tax Officer and ors.
Court: Kolkata
Decided on: Apr-30-2003
Reported in: (2004)3CALLT532(HC),[2004]134STC460(Cal)
D.K. Seth, J.1. The appellant/petitioner's goods were being transported from West Bengal to Assam in course of a sale. Before it crossed the border, the goods were seized by the authorities under the West Bengal Sales Tax Act, 1994 ('State Act'), on the allegation of violation of the provisions of the State Act. The goods were, however, subsequently released on certain conditions. The goods, thereafter, had reached the destination at Assam. The petitioner had moved this High Court in writ jurisdiction for quashing the proceedings of the impugned seizure and imposition of penalty. The seizure was effected on September 9, 2001. The penalty was imposed on the same date, viz., 9th of September, 2001. These are the two aspects in respect of the said transaction, which were under challenge in the writ petition. The learned single Judge was pleased to dismiss the writ petition on the ground that by reason of the West Bengal Taxation Tribunal Act, 1987 ('1987 Act'), the jurisdiction of this Co...
Tag this Judgment!Sri Sri Lakshmi Janardan Thakur and ors. Vs. Collector Under Section 5 ...
Court: Kolkata
Decided on: Apr-30-2003
Reported in: 2004(2)CHN519
Aloke Chakrabarti, J. 1. Nine deities including Sri Sri Lakshmi Janardan Thakur represented by its Advocate Receiver filed the present writ petition contending, inter alia, that by virtue of three Arpannamas dated 1880, 1899 and 1953 the members of the Nandi family of Hooghly dedicated family properties to the petitioner deities for religious and charitable purpose. After coming into force of West Bengal Estates Acquisition Act, 1953 a proceeding under Section 44(2a) of the said Act was initiated and the Debuttar estate was adjudicated by Revenue Officer holding the entire estate was endowed exclusively for religious and charitable purposes. In respect of a notice dated 14th February, 1976 issued by the concerned Revenue Officer a writ petition was filed which was decided holding the properties to be absolute Debuttar. A proceeding initiated under Section 57 read with Sections 14T(6), 14T(8), 14M(5) and 14M(6) of the West Bengal Land Reforms Act, was decided by order dated 3rd December...
Tag this Judgment!Kunal Saha Vs. West Bengal Medical Council and ors.
Court: Kolkata
Decided on: Apr-30-2003
Reported in: 2005(2)CHN101
Asok Kumar Ganguly, J.1. This appeal is directed against an order dated 22.02.2002 passed by a learned Judge of the Writ Court on the writ petition being W. P. No. 1297 of 2001. The said writ petition is still pending.2. The writ petitioner Dr. Kunal Saha is also the appellant before us. The writ petitioner/appellant lodged a complaint before the West Bengal Medical Council (hereinafter called the 'Council'), the 1st respondent, and the said complaint was lodged against one Dr. Sukumar Mukherjee, the 5th respondent. The substance of the complaint was that the wife of the appellant died on 28.05.1998 as a result of rash and negligent treatment of the 5th respondent followed by the treatment of other doctors. As the 5th respondent, a medical practitioner, is registered with the Council, appellant sent several representations to the Council inviting it to initiate disciplinary action against the 5th respondent. But as the Council and/or its officers were not taking any step, the appellant...
Tag this Judgment!Neo Pipes and Tubes Co. Ltd. Vs. Dy. Cit
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Apr-29-2003
Reported in: (2004)86TTJ(Kol.)609
The assessee has filed this appeal against the order dated 26-2-2002, passed by the Commissioner (Appeals) in the matter of an order made under section 143(1)(a) of the Act for assessment year 1996-97.The grounds of appeal taken up by the assessee revolve around the point related to the prima facie adjustment of Rs. 18,35,000 on account of interest debited to P&L a/c but not paid during the year under consideration.The assessing officer made prima facie adjustment of Rs. 18,35,000, amongst others, on account of interest payable to West Bengal Industrial Development Corpn. Ltd. (herein after referred to as WBIDC) while processing the return of income under section 143(1)(a) of the Act by invoking the provisions of section 43B of the Act. It is stated in the intimation under section 1430)(a) of the Act that the aforesaid amount is debited to P&L a/c but not paid during the year. Hence, calls for prima facie adjustment under section 143(1)(a). On an appeal, the Commissioner (Appe...
Tag this Judgment!Joint Commissioner of Income Tax Vs. the Gramophone Co. of India Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Apr-29-2003
Reported in: (2003)87ITD88(Kol.)
1.This appeal, filed by the Revenue, is directed against the order dt.14th July, 1998, passed by learned CIT(A)-XI, Kolkata, in the matter of assessment order under Section 143(3) of the IT Act, 1961, for the asst. yr. 1995-96.2. In the first ground of appeal, Revenue is aggrieved of CIT(A)'s having deleted the addition of Rs. 4 crores on account of difference in valuation of copyrights of certain film songs which the assessee-company had transferred to its subsidiary, namely, Gramco Music Publishing (P) Ltd. 3. During the relevant previous year the assessee-company transferred copyrights of 690 songs, from 91 Hindi films, to a newly floated subsidiary company by the name of Gramco Music Publishing (P) Ltd. This transfer was done for a consideration of Rs. 6 crores, but the AO was not satisfied about adequacy of this consideration and, accordingly, he requisitioned the basis on which this consideration is worked out. The assessee furnished one valuation report by Price Waterhouse &...
Tag this Judgment!Commissioner of Income-tax Vs. Magnum Export (P) Ltd.
Court: Kolkata
Decided on: Apr-29-2003
Reported in: (2003)183CTR(Cal)75,[2003]262ITR10(Cal)
D.K. Seth, J.1. The following four questions have since been referred before this court under Section 256(1) of the Income-tax Act, 1961 :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the sale proceeds of Rs. 7,25,854 received by the assessee on the sale of the export licence represented capital receipt and was exempt from income-tax ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the provisions of Section 28(iiia) were not applicable to the receipt of the aforesaid sum ? (3) If the answer to the above questions are in the affirmative, whether the Tribunal was right in law in holding that the export licence had no cost of acquisition and the sale proceeds thereof were not liable to capital gains tax ? (4) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee was entitled to the deduction under S...
Tag this Judgment!Organon India Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-29-2003
Reported in: (2003)3CALLT461(HC),(2004)ILLJ301Cal
A. Lala, J.1. A very interesting question of law is involved in this matter which can be dealt with without any exchange of affidavits. Accordingly, the parties have accepted the position and wanted to argue at length. The main contesting parties are the petitioners (hereinafter called as the 'management') and the respondent No. 4 (hereinafter called as the 'workman'). The issues under the order of reference dated 5th March, 2002 are as follows:'1) Whether the termination of service of Shri Samir Kr. Das with effect from 15.6.2001 by the management is justified? 2) What relief, if any, is Sri Das entitled to?' 2. According to Mr. Partha Sarathi Sengupta, learned senior counsel appearing for the 'management' the respondent No. 4 was never terminated from the service but he abandoned himself from rendering service of the 'management'. In such circumstances, if the appropriate government feels to refer the matter to the Industrial Tribunal the issues should be framed keeping rooms open fo...
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