Kolkata Court January 2014 Judgments
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M/S. V. J. Mechanical and Engineering Pvt. Ltd. Vs. Eastern Railway
Court: Kolkata
Decided on: Jan-08-2014
ORDER SHEET A.P.No.1391 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.V.J. MECHANICAL & ENGINEERING PVT.LTD.Versus EASTERN RAILWAY BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 8th January, 2013. Appearance : Ms.Sonal Shah, Adv.MRS.Aparna Banerjee, Adv.The Court : The petitioner complains of a frivolous claim having been made by the railways and notices issued to several units by the Eastern Railway to withhold payment of a sum of Rs.4,41,243/- from any amount that may be due to the petitioner. The petitioner says that since the petitioner does business with several units of the railways, the notice would amount to many multiples of the amount indicated therein being withheld. It is submitted by the railways that the intention of the impugned notice of November 13, 2013 is not to withhold any more than the amount indicated therein. Since the petitioner is agreeable to the suggestion made by Court that a sum of Rs.5 lakh be put in by w...
The Commissioner of Income Tax Kolkata, Xv Vs. M/S. Royal Touch Overse ...
Court: Kolkata
Decided on: Jan-08-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE GA No.2835 of 2013 ITAT No.143 of 2013 THE COMMISSIONER OF INCOME TAX - KOLKATA, - XV Versus M/S.ROYAL TOUCH OVERSEAS CORPORATION Appearance: Mr.P.K.Bhowmick with Mr.O.P. Dubey, Advocates ..for the appellant Mr.J.P. Khaitan, senior Advocate with Ms.Sutapa Roy Chowdhury, Adocate .for the respondent. BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TAPASH MOOKHERJEE Date : 8th January, 2014. The Court : The appeal is directed against a judgment and order dated 12th April, 2013 by which the appeals preferred were allowed holding that there was no tangible material before the assessing officer for issuing a notice under Section 148 of the Income Tax Act. It is on this basis that the order passed by the assessing officer in exercise of power under Sections 147 and 148 and confirmed by the CIT was set aside by the Tribunal. The learned Tribunal eventually did not go into the merits o...
Commissioner of Income Tax, Kolkatai, Calcutta Vs. Amitabh Sonthalia
Court: Kolkata
Decided on: Jan-08-2014
ORDER SHEET G.A.No.2877 of 2013 ITAT No.154 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-I, CALCUTTA Versus AMITABH SONTHALIA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TAPASH MOOKHERJEE Date : 8th January, 2014. Mr.P.K.Bhowmick, Advocate for the Appellant Mr.R.K.Murarka, Sr.Adv.Ms.Sutapa Roychoudhury, Adv.for the Respondent The Court : The subject matter of challenge in this appeal is a judgment and order 20th March, 2013 by which the learned Tribunal dismissed the appeal preferred by the Revenue. Aggrieved by the order, the Revenue has come up in appeal. We have heard both the parties and are of the opinion that no interference is called for. The Tribunal in its order under challenge held, inter alia, as follows: Once this is an established position, that assessee maintained the distinction in books of accounts between his investments and stock in trade and also maintained distinct...
Premier (India) Bearings Ltd. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jan-08-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1294OF2013PREMIER (INDIA) BEARINGS LTD.Versus STATE OF WEST BENGAL & ANR. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 8th January, 2014. Mr.Somak Basu, Advocate for petitioner The Court : The petitioners have sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of January, 2014 and by way of...
Drk Metallurgical Pvt. Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-08-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1301OF2013DRK METALLURGICAL PVT.LTD.Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 8th January, 2014. Mr.Arindam Chandra, Advocate for petitioner The Court : The petitioners have sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. It is informed that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of January, 2014 and by way of interim measure, directed the aut...
Gateway and Commodities Pvt. Ltd. Vs. Union of India, Chief Commission ...
Court: Kolkata
Decided on: Jan-08-2014
ORDER SHEET WP No.916 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE GATEWAY AND COMMODITIES PVT.LTD.Versus UNION OF INDIA, CHIEF COMMISSIONER OF CUSTOMS & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 8th January, 2014. Appearance: Mr.R.K.Chowdhury, Adv.Mr.Pradip Kumar Roy, Adv.Mr.Subir Kumar Saha, Adv.The Court : The short point canvassed by the writ petitioner in this writ petition is that despite an application made before the Assessing Officer, he did not pass the speaking order within the statutory period. Admittedly, the self assessment was disputed by the Assessing Officer under sub-section 4 of Section 17 of the Customs Act, 1962. The reassessment is made disputing the correctness of the self assessment by the Assessing Officer but did not pass any speaking order. My attention is drawn to the provision contained under sub-section 5 of Section 17 of the Customs Act, 1962 which provides for speaking order on reassessment within fiftee...
Singhania Enterprises Vs. the Chief Engineer, Hq Chief Engineer Siligu ...
Court: Kolkata
Decided on: Jan-08-2014
1 ORDER SHEET A.P.No.864 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SINGHANIA ENTERPRISES Versus THE CHIEF ENGINEER, HQ CHIEF ENGINEER SILIGURI ZONE BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 8th January, 2014. Appearance : Ms.Hasnuhana Chakraborty, Adv.Mr.Swagata Datta, Adv.The Court : The petitioner complains of the failure on the part of the appointing authority to nominate the arbitrator in terms of the arbitration agreement between the parties. The present request under Section 11 of the Arbitration and Conciliation Act, 1996 was carried to the Chief Justice of this Court or his designate after the appointing authority or the respondent had suggested that the petitioner had no right to invoke the arbitration agreement. The petition under Section 11 was dismissed for default on August 14, 2013 and restored upon notice to the respondent on September 6, 2013. The respondent says that notwithstanding the earlier stand taken by the ...
Natabar Dutta Properties P. Ltd.(In Liq.) Vs. Ranjan Dutta Vs.Official ...
Court: Kolkata
Decided on: Jan-08-2014
1 ORDER SHEET APO No.258 of 2013 CP No.91 of 1973 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE NATABAR DUTTA PROPERTIES P. LTD.(IN LIQ.) Versus RANJAN DUTTA -VS.-OFFICIAL LIQUIDATOR & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 8th January, 2014. Appearance: Mr.Mainak Bose, Mr.Kumarjit Das and Mr.Pavel Das, ld. Advocates for the appellant. Mr.Jayanta Kr. Mitra, Sr.Advocate with Mr.O.P.Jhunjhunwala and Mr.Sachin Shukla Ld. Advocates for respondent no.3. Mr.Arindam Maitra ld. Advocate with Mr.Asim Kr. Dutta. The Court :- This litigation has a chequered career. Natabar Dutta Properties Private Limited was basically a real estate company closely held by the members of one Dutta family. The Company went in liquidation when the Official Liquidator took possession of the were properties mostly belonging occupied by to the the Company. tenants The and/or properties occupants claiming to be having some right over the portion un...
Park View Residents Welfare Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Jan-08-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Soumitra Pal January 8, 2014 WP1171of 2013 Rohit Goenka, Secretary, Natural Park View Residents Welfare versus Kolkata Municipal Corporation & ORS.Mr.Anindya Lahiri, Advocate for the petitioner Mr.M.Chakraborty, Advocate for the respondent no.9 Mr.Aloke Kumar Ghosh, Advocate with Mr.S.Debnath, Advocate Mr.D.Mondal, Advocate for the KMC Ms.Sipra Majumdar, Advocate with Ms.Prativa Ghatak, Advocate for the State The Court :- In the writ petition the petitioner has prayed for a direction upon the authorities of the Kolkata Municipal Corporation particularly on its Municipal Commissioner, the respondent no.3 to take steps against the respondent no.9 since he is allegedly using a particular floor of the said premises for ceremonial purposes without obtaining permission from the Corporation. Mr.Lahiri, learned Advocate appearing on behalf of the petitioner submits that as it is evident fr...
Mr. Anshuman Gupta, Ad Vs. …for the Petitioner
Court: Kolkata
Decided on: Jan-08-2014
ORDER SHEET CP No.86 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE RE : SUMANGAL INDUSTRIES LIMITED -ANDSMRIDDHI CREATION BEFORE: The Hon'ble JUSTICE PATHERYA Date : 8th January, 2014. Mr.Biswanath Chatterjee, Mr.Anshuman Gupta, Adversus for the petitioner The Court : In spite of service none appears for the respondent company. Affidavits of service filed be kept on record. In this application filed under Section 434 of the 1956 Act the claim arises on account of price of goods sold and delivered against three purchase ordeRs.Delivery was effected on 8th October, 2012 and 19th October, 2012. As per terms and conditions contained in the purchase order within fifteen days from the date of receipt of the goods, payment was to be made. Such time expired and although request was made to make payment, no payment was made. Left with no alternative a notice under Section 434 of 1956 Act was issued by the petitioner on 21st December, 2012 and the same was also receiv...
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