Kolkata Court May 2003 Judgments
Joint Commissioner of Income Tax, Vs. Graphite India Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: May-30-2003
Reported in: (2004)89ITD415(Kol.)
1. These are the appeal by the Revenue and Cross Objection by the assessee against the order of ld. CIT(A) dated 18th February, 2000 for the assessment year 1996-1997.2. Ground Nos. 1 to 4 in Revenue's appeal relate to CIT(A)'s action in deleting the addition of Rs. 3,00,00,000/- made by the A.O. as short-term capital gains.3. The brief facts of the case are that the assessee planned to set up a Cement Plant in Rajasthan for which most of the formalities like Government permission, different licences and other ancillary facilities were obtained. For getting all these permissions, etc,. the assessee spent a sum of Rs. 44.88 lakhs which was shown under the head 'Capital Work-in-progress' in the audited Balance-sheet of the assessee. During the relevant assessment year under consideration, the total scheme for setting up the Cement Plant at Rajasthan was handed-over to M/s. G.K.W. Ltd. (in short GKW) in an agreed sum of Rs. 344.88 lakhs. As per assessee, Rs. 3 crores was a capital receip...
Tag this Judgment!Dcit Vs. S.G. Investments and Industries
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: May-29-2003
Reported in: (2004)89ITD44(Kol.)
1. The present appeal is filed by the revenue against the order dated 08-01-1992 passed by the CIT(A) in the matter of an assessment order made Under Section 143(3) of the I.T.Act, 1961 for A.Y. 1998-99.2. The solitary ground raised by the revenue in this appeal is as under:- "That, on the facts and in the circumstances Ltd. CIT(A) erred in law allowing expenses related to exempted dividend income violating provisions of Section 14A and also the provisions contained in Sub-section (5) of Section 115-O of the Act." 3. The A.O. has discussed the issue in his asstt. order wherein it is stated that the assessee is an investment company, who had also traded in papers during the year under consideration. He noticed that the assessee's paid up capital was Rs. 16,86,17,780/- and the assessee had taken loans to the tune of Rs. 21,51,38,978/- as reflected in Schedule 'C' of the Balance-sheet. During the year the investments have been shown at Rs. 11,24,21,048/- as reflected in Schedule 'E' of t...
Tag this Judgment!Birla Tyres Vs. Joint Commissioner of Income-tax
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: May-28-2003
Reported in: (2004)88ITD1(Kol.)
1. This is an appeal filed by the assessee for the assessment year 1985-86 against the order passed by the Commissioner of Income-tax under Section 263 of the Act by which it was held that unabsorbed loss of the AOP should be apportioned amongst the members of the AOP.2. The assessee is an Association of Persons (AOP) constituted by four members who are limited companies viz., M/s. Century Textiles & Industries Ltd.; M/s. Kesoram Industries Ltd.; M/s. Jayashree Tea & Industries Ltd.; and M/s. Bharat General & Textiles Industries Ltd. The assessment was framed under Section 143(3) of the Act where the claim of loss of Rs. 25,51,31,859 was set off in the hands of AOP.3. Ld. CIT, by passing an order dated 31-3-2000, held that according to Sections 67A and 167B(2) of the Act, the loss is not to be carried forward in the hands of AOP. Further, it was directed that such loss be apportioned amongst the members of AOP. Against the said finding, the assessee is in appeal before the...
Tag this Judgment!Smt. Kakali Das (Ghosh) Vs. Dr. Asish Kumar Das
Court: Kolkata
Decided on: May-28-2003
Reported in: (2003)3CALLT60(HC),II(2004)DMC336
A.N. Ray, J.1. This is an appeal filed by the wife from a judgment and decree of the learned District Judge allowing a petition filed by the husband for divorce.2. The short facts of the married life, and the litigation, are as follows.The parties were married on 12.12.1994 and a son was born to them on the 3rd day of January, 1996. The wife is a single issue of her parents but the husband had two other brothers, of whom one, a police officer was unfortunately killed.3. The parties resided with the parents of the husband at Mangultan village.4. The facts clearly show that the appellant all along wanted her husband to live separately with herself and not in joint mess with her-in-laws. Sometime on or about the 1st of June, 1996, the appellant left the matrimonial home with her son. But a sort of reconciliation was made on the date of their marriage anniversary i.e. 12.12.1996 the wife returned to the matrimonial home.5. Thereafter on the 12th of February, 1997 she finally left the house...
Tag this Judgment!Sri Chandra Nath Sadhu and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: May-23-2003
Reported in: (2003)3CALLT1(HC),I(2004)DMC359
D.P. Kundu, J.1. In this writ proceeding, as appears from the cause title of the writ application, the writ petitioners are '(1) Sri Chandra Nath Sadhu, son of Jatirindra Nath Sadhu, of Masterpara, P.O. Tribeni, District: Hooghly, at present residing at 62, Benimadhabtala, Post Office: Tribeni, Police Station: Mogra, District: Hooghly and (2) Sri Subham Laha, being minor represented by his adoptee father Chandra Nath Sadhu, residing at 62, Benimadhabtala, Post office: Tribeni, P.S.: Mogra, District: Hooghly'. The respondent No. 4 in the writ application is Smt. Sutapa (Laha) Sadhu, daughter of Jatirindra Nath Sadhu, 62, Benimadhabtala, Post office: Tribeni, Police Station: Mogra, District: Hooghly. The respondent No. 4 is the natural mother of the writ petitioner No. 2. The writ petitioner No. 1 claims to be the adoptive father of the writ petitioner No. 2.2. On 24.3.2003 this Court passed the following order:'Leave granted to the learned advocate for the petitioner to add the name of ...
Tag this Judgment!Sri Amalendu Bera Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: May-23-2003
Reported in: (2003)3CALLT53(HC),2004(1)CHN53
P.K. Samanta, J.1. This writ petition concerns an appointment in the post of an Assistant Teacher in Work Education and Physical Education Group in Erenda High School in the District of Midnapore. A vacancy in the said post having arisen the respondent school authorities granted permission to fill up the same. Pursuant to such permission the concerned local Employment Exchange was approached by the school authority. The said Employment Exchange had sponsored 20 candidates including the writ petitioner, out of which one had the post graduate degree in Physical Education. The writ petitioner accordingly made a representation before the authority concerned alleging that for the purpose of recruitment in the said post for which permission had been granted by the authority concerned to fill up the same by a graduate candidate. Concerned Employment Exchange had no authority to sponsor a post graduate candidate along with other graduate candidates. The petitioner on such allegation moved a wr...
Tag this Judgment!Mohun Bagan Athletic Club and ors. Vs. Deba Prasad Mukherjee and ors.
Court: Kolkata
Decided on: May-23-2003
Reported in: AIR2003Cal298
Arun Kumar Mitra. J.1. This appeal has been preferred by the defendants challenging the order being order No. 18 dated 8-5-1998 pased by the learned Judge. XII Bench. City Civil Court at Calcutta in Title Suit No. 135/1098.2. The impugned order has been passed by the learned Judge on an application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure. The said application for Injunction was filed before the learned trial Judge on 23-1-1998.3. The plaintiffs/respondents filed T.S. No. 135/98 and in the said T.S. the following prayers were made :(a) Leave under Order 1 Rule 8 CPC.(b) Decree for declaration that the Executive Committee including its office bearers are functus officio and the said executive Committee has no authority to amend rules and to hold election of the said club.(c) A decree for declaration that the defendant No. 4 has right to continue in theoffice of the defendant No. 1 as Hony, General Secretary thereof.(d) For a decree for declara...
Tag this Judgment!Magma Leasing Limited Vs. S and S Industries and Enterprises Limited
Court: Kolkata
Decided on: May-23-2003
Reported in: I(2004)BC440,(2003)3CALLT171(HC),[2005]127CompCas521(Cal),[2004]54SCL413(Cal)
1. This application has been filed by the defendant for recalling and/or modification of the orders dated August 19, 2002 and September 16, 2002 in G.A. No. 4936 of 1999.2. Facts pleaded by the defendant briefly are as follows:The petitioner filed an application before the Board for Industrial and Financial Reconstruction (hereinafter referred to as BIFR) and the BIFR has rejected their prayer to declare the defendant company as a sick company. Hence an appeal has been filed by the defendant before the AAIFR, which is pending. Therefore, no proceeding can be initiated and/or continued in this Hon'ble Court until the matter is disposed of by the said AAIFR.3. Mr. P.K. Das, learned senior counsel appearing on behalf of the petitioner contended that the plaintiff instituted a suit against the defendant for a declaration that the plaintiff is the owner of the equipments mentioned in the Hire Purchase Agreement (hereinafter referred to as the said agreement) and further a decree that the pl...
Tag this Judgment!Chemico Process Company Vs. Acmechem (Pvt.) Limited
Court: Kolkata
Decided on: May-23-2003
Reported in: I(2004)BC471,(2003)3CALLT216(HC)
A.K. Bisi, J.1. The plaintiff Chemico Process Company Instituted the instant suit claiming decree for Rs. 13,24,940/-, interim interest, interest on judgment and costs against the defendant Acmechem (Pvt.) Ltd.2. Briefly the case of the plaintiff may be narrated thus. Pursuant to the order placed by the defendant and/or the request made by the defendant, the plaintiff from time to time on diverse dates sold and delivered to the defendant various plants, machinery and equipments, the price of the same being Rs. 30,40,960/-. The plaintiff requested the defendant to furnish Central Sales Tax Declaration Forms and also to pay the sales tax payable for sale of the said goods. The defendant accepted the said goods. The plaintiff duly prepared bills for the price of the materials sold and delivered and submitted the same to the defendant. The defendant represented to the plaintiff that since the defendant was registered with the Gujarat State Commercial Tax Authorities, the plaintiff should c...
Tag this Judgment!Suradhani Darbar and anr. Vs. the State of West Bengal
Court: Kolkata
Decided on: May-23-2003
Reported in: (2003)3CALLT357(HC)
N.C. Sil, J.1. This appeal was directed against the judgment and order of conviction dated 18.12.1990 under Section 498A and 304B of the Indian Penal Code passed by Sri R.B, Roy, learned Additional Sessions Judge, First Court, Midnapore whereby he was pleased to sentence both the appellants to suffer rigorous imprisonment for a term of two years and to pay a fine of Rs. 2000/- each, in default, to suffer rigorous imprisonment for six months more for the offence under Section 498A and to suffer life imprisonment and also to pay a fine of Rs. 5000/- each, in default rigorous imprisonment for two years for the offence under Section 304B IPC.2. The fact of the prosecution case in brief is that the victim Rinarani Darbar, daughter of Prafulla Kumar Jana, the informant was married with the appellant Gopal Darbar on 28th Falgoon, 1393 B.S. It was agreed upon at the time of marriage that Prafulla would pay a sum of Rs. 9,000/- to the appellant Gopal as dowry and out of the said amount a sum of...
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