Kolkata Court October 2014 Judgments
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Srei Equipment Finance Pvt. Ltd. Vs. Mr. Bikram Keshwari Pradhan and a ...
Court: Kolkata
Decided on: Oct-30-2014
ORDER EC No.264 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SREI EQUIPMENT FINANCE PVT.LTD.Versus Mr.BIKRAM KESHWARI PRADHAN AND ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 30th October 2014. Although this matter is returnable on 31st October COURT: 2014 (at 2 p.m.).having regard to the fact that the judgment debtor No.1 was arrested and produced before this Court by the Deputy Sheriff, the matter is taken up today by treating the same as on days list. The judgment debtor No.2, although was not arrested, has appeared and his appearance is treated as surrender to Court. In view of the undertakings given by the judgment debtORS.they are discharged from custody. Mr.Pinaki Ghosh, Advocate, Bar Association, Room No.16 is appointed question. at the as Receiver to take possession of the vehicles in The judgment debtors undertake to produce the vehicles office of the decree-holder at HIG-1, Jaydev Bihar, Gangadhar M. Marg, Bhubaneswar 751 013 on 8th Novembe...
Magma Fincorp Limited Vs. Heena Store Co and anr.
Court: Kolkata
Decided on: Oct-30-2014
1 ORDER SHEET GA No.3260 of 2014 APOT No.580 of 2014 AP No, 1352 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MAGMA FINCORP LIMITED Versus HEENA STORE CO & ANR. BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY Date : 30th October, 2014. Appearance Mr.Utpal Bose, Sr.Advocate For the appellant. Mr.Shayamal Chakraborty, ld. Advocate For the respondent. The Judge declined to Court interfere : in The an learned application Single under section 9 of the Arbitration and Conciliation Act, 1996 at the post application award under stage section in 34 view of of the pendency of Arbitration an and Conciliation Act, 1996. We have heard the parties at length. Section 9 would give protection to the parties to the arbitration agreement before or at any time during the arbitration. When an award has been published and that is under challenge the issue is not finally resolved. In our view, parties are entitled to the benefit of the inte...
Commissioner of Income Tax, Koliv, Kolkata Vs. Phillips Carbon Black L ...
Court: Kolkata
Decided on: Oct-30-2014
ORDER SHEET G.A.No.1382 of 2014 ITAT31of 2014 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOL-IV, KOLKATA Versus PHILLIPS CARBON BLACK LIMITED BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 30th October, 2014. For Appellant/Petitioner : Mr.R.N.Sinha,Advocate For Respondent/Assessee : Mr.J.P.Khaitan,Sr.Advocate Mr.A.K.Dey,Advocate Mr.A.Sengupta,Advocate Ms.Anupa Banerjee,Advocate The Court : This appeal has been filed under section 260A of the Income Tax Act, 1961 against order dated 13TH November, 2013 passed by the learned Income Tax Appellate Tribunal, A Bench, Kolkata in ITA No.235/Kol/2012 relating to assessment year 2005-06 on the following questions: 1. Whether, on the facts and in the circumstances of the case, the Learned Tribunal was justified in upholding the order of the CIT(A) in granting the deductioin in respect of retainership fee paid to M/S.Sreebala (P) Ltd.by following its...
C.i.T. Kolkata Ii Vs. Global Capital Markets Ltd.
Court: Kolkata
Decided on: Oct-30-2014
ORDER SHEET ITA No.263 of 2005 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE C.I.T.KOLKATA II Versus GLOBAL CAPITAL MARKETS LTD.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 30th October, 2014. Appearance: Mr.R.K. Chowdhury, Adv. for the appellant. Mr.S.Dasgupta, Adv.Mr.P.Sarawagi, for the respondent. The Court : Pursuant to our earlier order service has been effected, though no affidavit of service has been filed but the respondent appeaRs.This appeal under Section 260A of the Income Tax Act, 1961 has been preferred by the Revenue against the order dated 25th February, 2005 passed by the Income Tax Appellate Tribunal E Bench, Calcutta, in ITA No.665/Kol/2004 for the assessment year 1998 1999. By consent of the parties the appeal is treated as on the days list and taken up for hearing. The questions of law formulated are as under: (I) Whether on the facts and in the circumstances of the case, the Tribunal was right i...
Commissioner of Income Tax, Centraliii Vs. Manaksia Ltd.(Formerly Hind ...
Court: Kolkata
Decided on: Oct-30-2014
ORDER SHEET ITA421of 2005 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, CENTRAL-III Versus MANAKSIA Ltd.(formerly Hindustan Seals Ltd.) BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 30th October, 2014. For Appellant/Revenue : Md.Nizamuddin,Advocate The Court : This appeal has been filed under section 260A of the Income Tax Act, 1961 against order dated 19th April, 2005 passed by the learned Income Tax Appellate Tribunal, E Bench, Kolkata in ITA No.1971 (Kol) of 2004 relating to assessment year 1998-99 on the following questions: 1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in dismissing the Appeal of the revenue and confirming the order of Commissioner of Income Tax (Appeals) deleting the additin of Central Excise at Rs.99,57,000/- and Custom duty at Rs.55,65,000/- (totaling to Rs.1,55,22,000/-) to the valuation of finished products which had esca...
Chandrakant Himmatlal Kampani and ors. Vs. Ascon Agro Products Exporte ...
Court: Kolkata
Decided on: Oct-29-2014
ORDER GA No.3050 of 2014 CS No.115 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction CHANDRAKANT HIMMATLAL KAMPANI & ORS.Versus ASCo.AGRO PRODUCTS EXPORTERS & BUILDERS PVT.LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 29th October 2014. Appearance: Mr.Dhruba Ghosh, Advocate Mr.Kaustav Ch. Das, Advocate Mr.Arik Banerjee, Advocate Mr.Shaunak Ghosh, Advocate Mr.Rajib Mullick, Advocate ...for plaintiff/petitioneRs.Mr.Sakya Sen, Advocate Mr.Sourav Chakraborty, Advocate Ms.Juin Dutta Chakraborty, Advocate ...for the respondent. COURT: In a suit for eviction, the plaintiffs apprehend that the defendant, having regard to its impecunious situation, is trying to alienate and/or create third party interest in respect of the flat representing in question. Mr.Sakya the defendant submits, on Sen, learned instruction, counsel that the defendant is carrying on business on and from the said flat. Be that as it may, since a notice of termination has been issued by the plainti...
M/S. Skyscraper Pvt. Ltd. and anr. Vs. Directorate General of Central ...
Court: Kolkata
Decided on: Oct-29-2014
WP No.831 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.SKYSCRAPER PVT.LTD.& ANR. Versus DIRECTORATE GENERAL OF CENTRAL EXCISE INTELLIGENCE, KOLKATA ZONAL UNIT & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 29th October, 2014. Appearance: Mr.Hirak Mitra, Sr.Advocate Mr.Biswajit Mukherjee, Advocate Ms.Anupa Banerjee, Advocate Mr.M.K.Seal, Advocate Mr.R.Bharadwaj, Advocate Mr.S.K.Saha, Advocate Mr.S.B.Saraf, Advocate The Court: The order dated 24th September, 2014 is corrected as follows :The phrase Income Tax department should be read as Service Tax department. The respondent Nos.6, 7 & 8 are also garnishees. In terms of the order dated 24th September, 2011 a sum of Rs.60 lakhs has been paid by the petitioners to the respondents. Therefore, the provision in the said order that the garnishee orders would remain suspended is extended to any contemplated recovery by the Income Tax department against respondent Nos.6, 7 & 8 also. Mr.Mitra, lea...
Eastern Coalfields Ltd. Vs. Kumari Shanti Mudi and ors.
Court: Kolkata
Decided on: Oct-29-2014
ORDER SHEET GA13402014 APO1062014 WP2442011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE EASTERN COALFIELDS LTD.Versus KUMARI SHANTI MUDI & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY Date : 29th October, 2014. Mr.Malay Kumar Basu, Senior Advocate Mr.Susanta Pal, Advocate Mr.Partha Basu, Advocate Mr.Nikhil Roy, Advocate for the appellant. Mr.U.S.Agarwal, Advocate Ms.Sima Chakraborty, Advocate for the respondent no.1. The Court : When any public appointment is given by the State agency Article 16 of the Constitution would empower all eligible persons to compete for the post and it is the duty of the State to see, none is discriminated. Yet, the mechanism for the compassionate appointment would ignore all and sundry giving a preferential treatment to the persons eligible for the post from the bereaved family. Such exception made, sounds logic that would help the bereaved family who untimely faces acute financial stringe...
Cit, Burdwan Vs. Pioneer Cable Network
Court: Kolkata
Decided on: Oct-29-2014
ORDER SHEET GA No.2993 of 2014 GA No.2994 of 2014 ITAT No.151 of 2014 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE CIT, BURDWAN Versus PIONEER CABLE NETWORK BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 29th October, 2014. Appearance: Ms.Smita Das De, Adv.Ms.Smita Das De, learned Advocate for the appellant, has handed up the copies of notice dated 15th September, 2014 and track record showing item delivery, both of which are kept on record. Re: GA No.2993 of 2014 The delay. Court : Perused the application Causes shown are sufficient. the application is allowed. for condonation of The delay is condoned and The application and the appeal are taken up for hearing. Re: GA No.2994 of 2014 and ITAT No.151 of 2014 This appeal under Section 260A of the Income Tax Act, 1961 against order dated 21st November, 2013 passed by the Income Tax Appellate Tribunal A Bench, Kolkata in ITA No.656/KOL/2013 for the assessment year 2006-20...
Srei Infrastructure Finance Ltd. Vs. Surya Teleinfra Pvt. Ltd. and ors ...
Court: Kolkata
Decided on: Oct-29-2014
ORDER SHEET GA No.3173 of 2014 With CS No.371 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI INFRASTRUCTURE FINANCE LTD.Versus SURYA TELEINFRA PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 29th October, 2014. Appearance: Mr.Jishnu Saha Sr., Adv.Ms.H.Chakraborty, Adv.Mr.R.Maity, Adv.Mr.Kuldip Mullick, Adv.The Court: The petitioner has lent and advanced a sum of Rs.1.25 crores to the respondent no.1 in terms of an agreement dated 25th June, 2012. Subsequent thereto, various documents have been executed by the defendant no.1 acknowledging the receipt of such loan. The respondent no.1, however, has failed and neglected to repay the rupee loan facility under the rupee loan agreement no.SRE289. The petitioner claimed that a sum of Rs.1,86,24,237/has become due and payable as on 31st March, 2014. It is stated that although the loan facility was granted to the respondent for the purpose of execution of a project of development of pow...
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