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Kolkata Court August 2011 Judgments

Aug 02 2011

Bhartia Industries Limited Vs. Commissioner of Income Tax, Central 3

Court: Kolkata

Decided on: Aug-02-2011

1. This appeal under Section 260A of the Income-tax Act, 1961 (“Act”) is at the instance of an assessee and is directed against an order dated March 3, 2004 passed by the Income-tax Appellate Tribunal, “C” Bench, Kolkata in ITA No.867 (kol) of 2002 for the Assessment Year 1998-99, dismissing the appeal filed by the assessee against an order dated March 4, 2003 passed under Section 263 of the Act. 2. Being dissatisfied, the assessee has come up with the present appeal. The facts giving rise to filing of the present appeal may be summarized thus: a) The appellant is, inter alia, engaged in the business of manufacturing electrical equipments and is assessed to tax under the provision of the Act. The present appeal relates to the appellant’s assessment for the Assessment Year 1998-99 the relevant previous year being the year ended on March 31, 1998. b) The appellant claimed that it had large number of surplus employees which was affecting its economical day-to...

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Aug 02 2011

Pradip Kumar Malhotra Vs. Commissioner of Income-tax, West Bengal V

Court: Kolkata

Decided on: Aug-02-2011

1. This appeal under Section 260A of the Income-tax (“Act”) is at the instance of an assessee and is directed against an order dated April 23, 2003 read with the order dated July 10, 2003 passed by the Income-tax Appellate Tribunal, “C” Bench, Kolkata, in ITA No.38(Kol) of 2002 for the Assessment Year 1999-2000 and thereby dismissing the appeal filed by the assessee. 2. Being dissatisfied, the assessee has come up with the present appeal. The facts leading to the filing of the present appeal may be summarized thus:- a) The appellant is assessed to tax under the Income-tax Act (hereinafter referred to as “the Act”) and the present appeal arises out of the assessment for the Assessment Year 1999-2000 for which the relevant previous year was the Financial Year ending March 31, 1999. b) The appellant has substantial shareholding in a private company called Sumoson Exports (P) Ltd. The appellant has his immovable property being plot No.22, Sector XIV, Gur...

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Aug 02 2011

S. K. Bothra and Sons, Huf Vs. Income Tax Officer, Ward 46(3), Kolkata

Court: Kolkata

Decided on: Aug-02-2011

1. This appeal under Section 260A of the Income-tax (“Act”) is at the instance of an assessee and is directed against order dated 26th February, 2003 passed by the Income-tax Appellate Tribunal, “B” Bench, Kolkata in ITA No.293/Kol/2002 for the Assessment Year 1997-1998 dismissing the appeal filed by the assessee. 2. Being dissatisfied, the assessee has come up with the present appeal. The facts leading to filing of this appeal may be summed up thus: a) The appellant is a Hindu Undivided Family (HUF) and is an assessee under the Income-tax Act, 1961 (‘Act’). For the Assessment Year 1997- 98, after the assessment under Section 143(3) of the Act was initiated, the Assessing Officer issued summons under Section 131 of the Act to Sri K. K. Pant and Sri Asharam Mohata, the alleged creditors of the assessee. Sri Pant expired before issue of notice. Sri Mohata produced relevant documents along with a forwarding letter dated 15th January, 2000 confirming the...

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Aug 02 2011

Dinesh B. Parikh Vs. Commissioner of Income Tax, West Bengal 4

Court: Kolkata

Decided on: Aug-02-2011

1. This appeal under Section 260A of the Income-tax (“Act”) is at the instance of an assessee and is directed against an order dated July 7, 2003 passed by the Income-tax Appellate Tribunal, “C” Bench, Kolkata, in Income-tax Appeal bearing ITA (SS) No.5(Cal) of 2001 for the block period comprising the Assessment Years 1987-88 to 1997-98 and thereby dismissing the appeal filed by the appellant. 2. Being dissatisfied, the assessee has come up with the present appeal. The facts giving rise to filing of this appeal may be summed up thus: a) The appellant is assessed to tax under the Income-tax Act, and the present appeal arises out of the appellant’s block assessment under the Act comprising the Assessment Years 1987-88 to 1997-98. b) On February 18, 1997, a search was conducted by the Income-tax Department at the place of the business and residential premises of the appellant. In course of the said search, the appellant was required to make a statement betwee...

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