Kolkata Court March 2014 Judgments
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Chhaliya Srivastava and Vikash Bajoria Vs. Commissioner of Customs (Pr ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: Mar-26-2014
Dr. D.M. Misra, 1. The Applicants, Sri Chhaliya Srivastava and Sri Vikash Bajoria have filed these Applications seeking waiver of predeposit of penalty of Rs.1.00 crore imposed on each of the Applicants under Section 112 of the Customs Act, 1962. 2. Ld. Advocate for the Applicants submits that the Applicants had not received the complete Show Cause Notice and it was handed over to them only somewhere in August, 2013. It is his submission that due to non-receipt of the complete Notice, the reply to the Show Cause Notice could not be filed. The Order was passed by the ld. Adjudicating Commissioner ex-parte, without hearing them. He submits that this has resulted in violation of principles of natural justice, and since it goes to the very root of the matter, therefore, the impugned Order imposing penalty against the Applicants, cannot be sustained. 3. Ld. Special Counsel for the Revenue has no objection in remanding the case to the Adjudicating Authority for fresh decision, as the Applica...
Commissioner of Income Tax, Kolkataxii, Kolkata Vs. M/S. Esbee Road Pr ...
Court: Kolkata
Decided on: Mar-25-2014
ORDER SHEET GA38272013 ITAT1952013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL JURISDICTION COMMISSIONER OF INCOME TAX, KOLKATA-XII, KOLKATA Versus M/S.ESBEE ROAD PRODUCTS BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TAPABRATA CHAKRABORTY Date : 25th March, 2014. Mrs.Sukla Das Chandra, Advocate for the appellant. Mr.Sayantan Bose, Advocate Mr.S.Ghosh, Advocate for the respondent The Court : The subject-matter of challenge in this appeal is a judgment and order dated 24th May, 2013 passed by the learned Tribunal dismissing an appeal preferred by the revenue. The revenue has come up in appeal. It is not in dispute that the assessee incurred expenditure of Rs.53,09,283/- to which provisions of the Income Tax Act enjoining deduction of tax at source were applicable. The assessee did not, in fact, deduct any tax. The Assessing Officer in the circumstances added the said sum of Rs.53,09,283/- to the profit of the assessee. The Assessing Of...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Mar-25-2014
ORDER SHEET CA No.191 of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF: BLOOMBUILT CONSTRUCTION PVT LTD & 17 ORS.AND MANI SQUARE LIMITED BEFORE: The Hon'ble JUSTICE PATHERYA Date : 25th March, 2014. Mr.Sarvopriya Mukherjee for the applicants. The application are Court: not The relied consent on by letters the though applicants. annexed Hence the to the following order: I appoint Ms.Sushama Dutta, Advocate, Bar Association Room No.14 as the Special Officer to convene a meeting of shareholders of the Transferor Companies (which are all closely held).who are about 96 in number and have all signified their consent in the petition, on 7th May, 2014 at a venue to be fixed by the Advocate on record for the Transferor Companies. The Special Officer will meet the shareholdeRs.ascertain their consent and file a report before this Court. The Special Officer will be paid a remuneration of 300 GMs.The Special Officer do report to this Court the results of the said meetin...
Santosh Kedia Vs. Standard Chartered Bank and ors.
Court: Kolkata
Decided on: Mar-25-2014
ORDER SHEET WP No.232 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SANTOSH KEDIA Versus STANDARD CHARTERED BANK & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 25th March, 2014 Mr.Amitava Das, Adv.with Mr.Prasenjit Pal, Adv.Mr.Avirup Chatterjee, Adv..for the petitioner Mr.Suvodeep Chakraborty, Adv..for the respondents In this writ petition dated 12th March, 2014, the petitioner seeks to challenge three notices issued by the Standard Chartered Bank. The fiRs.one, dated September 25, 2013 was issued in exercise of power conferred by Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter the Act).The remaining two, dated January 3, 2014 and January 27, 2014, were issued in terms of Rule 8(1) of the Security Interest (Enforcement) Rules, 2002. Mr.Das, learned advocate appearing for the petitioner contends that the impugned possession notices refer to taking over of ...
Arunava Pati Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-25-2014
ORDER SHEET WP No.249 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ARUNAVA PATI Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 25th March, 2014 Mr.Sasanka Kumar Mondal, Advocate ..for the petitioner Mr.Sabhyasachi Roy Chowdhury, Advocate ..for the respondents The petitioner was a panel advocate of the State of West Bengal since 1999 till May, 2011. He is aggrieved because the bills raised by him for professional services rendered have not been cleared. I have heard learned advocates for the parties. It is not in dispute that the petitioner had been an empanelled advocate for nearly 12 yeaRs.In my considered view, the office of the Legal Remembrancer owes a duty to look into the bills that have been raised by the petitioner and to say, for good reasons, to what extent he is not entitled to the fees charged by him and to release such quantum of payment to the petitioner, as are found to be admissible. That would ...
Satya Sandhi and anr. Vs. Reserve Bank of India
Court: Kolkata
Decided on: Mar-25-2014
ORDER SHEET GA No.874 of 2014 WP No.137 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SATYA SANDHI & ANR. Versus RESERVE BANK OF INDIA BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 25th March, 2014 Appearance Mr.Malay Kumar Singh, Adv.with Ms.S.Roy, Adv.Mr.Sandip Kumar Bhattacharyya. Adv.with Mr.Biswabrata Basu Mullick, Adv.Mr.Suman Basu, Adv.This is an application for addition of party in a pending writ petition. Mr.Bhattacharya, learned advocate appearing for the writ petitioner submits that the deponent of the affidavit accompanying the application for addition of party is accused in a criminal proceeding and he is incapable of affirming the affidavit in view of the provisions contained in sub-section (2) of Section 4 of the Oaths Act, 1969. In elaboration thereof, Mr.Bhattacharya submits that this proceeding partakes the character of a criminal proceeding having regard to the allegations made by the petitioners against such deponent and, th...
Mr. Manik Das, Ad Vs. …for the Petitioner in Cp 475/2013
Court: Kolkata
Decided on: Mar-25-2014
ORDER SHEET CP No.191 of 2013 CP No.145 of 2012 CP No.160 of 2012 CP No.475 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : PRATEEK PLASTOMETALS PVT.LTD.-ANDSHINING VYAPAR PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 25th March, 2014. Ms.Manju Agarwal, Adv.Mr.Niladri Khanra, Adv.for the petitioner in CP1602012 Mr.Reetobroto Mitra, Mr.Manik Das, Adversus for the petitioner in CP4752013 Mr.Moinak Bose, Mr.Pratyush Patwari, Adversus for the petitioner in CP1452012 Mr.Anirban Roy, Adv.for the company Mr.Saunak Sengupta, Mr.Varun Kedia, Adversus for M/S.Steel Metals Ms.Madhu Priya, Adv.for Sagun Enterprises P. LTD.The Court : In C.P.145 of 2012 an order was passed on 7th December, 2012 whereby the said company petition was admitted for the sum mentioned in the said order along with interest. This order was on the basis of the principal claim of the petitioning creditor being admitted by the company and directions sought by the compan...
Union of India General Manager, Northeast Frontier Railway, Assam and ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Mar-25-2014
J. Bag, ld. Member The present appeal is directed against the Order dated 30.08.12 in C.C.No.73/2011 passed by the Ld. District Consumer Disputes Rederssal Forum , Jalpaiguri, allowing the complaint in part against the OPs with cost. The complaint case, in brief, was as follows: The Complainant, Smt. Mira Chakrobarty, purchased one reservation-cum-journey ticket for her journey by Uttar Banga Express, Train No. 3148, Sleeper Class in Coach SE/1, Berth No. 23 on 02.09.2008 . The petitioner boarded the train with her bag and baggage from New Cooch Behar Station .Her ticket was checked at NJP Station by a TTE. No police was posted in the coach which allegedly remained unsafe and unprotected till the train reached Sealdah. Before going to sleep, she checked her luggage and put her ladies bag below her head . The lights were put off. Several unauthorized persons having no reservation were seen to have entered into the compartment in the absence of any TTE or security person. At about 12.30 ...
Ardhendu Chakraborty, Purba Medinipur and Others Vs. the Chairman and ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Mar-25-2014
J. Bag, ld. Member The present appeal is directed against the Order dated 08.06.12 passed by the Ld. District Consumer Disputes Redressal Forum, Purba Medinipore, in Consumer Case No.46 of 2009 whereby, the complaint was dismissed on contest against the OPs without any cost. The complaint, in brief, was as follows: The Complainants, 8 in number, being consumers under the OPs could not cultivate Boro paddy in their lands owing to negligence on the part of the OPs, who supplied electricity at low voltage . The Complainants sought for exemption from payment of energy charges for the period from January to April 2009 on the ground that each of the Complainants used to cultivate their respective lands by lifting water by shallow pump after taking electric service connection from the OP No.3. In the month of January 2009 each of the Complainant sowed Boro Crop in their respective land, but owing to supply of electricity at low voltage by OP No.3 they could not run their shallow pumps properl...
The Branch Manager State Bank of India, Jalpaiguri Vs. Sudip Dutta, Ja ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Mar-25-2014
Mridula Roy, Member. The instant appeal is directed against the judgment and order dated 18.07.2012 passed by Ld. District Consumer Dispute Redressal Forum, Jalpaiguri D. F. Case No. 7/2012 allowimg the same on contest with cost of Rs.5000/- against the Opposite Party directing the Opposite Party to pay a sum of Rs.20,000/- in favour of the Complainant and to pay Rs. 10,000/- towards compensation for causing delay, harassment and mental agony of the complainant within one month from the date of passing the order failing which an interest @ 10% p.a. would be accrued on entire sum except the amount of cost. Being aggrieved by and dissatisfied with the impugned order the Opposite Party has preferred the instant appeal. The Complanants case, in brief, is that he, a holder of Savings Bank Account being No.30020321766 with the State Bank of India, Town Branch, Jalpaiguri, along with A.T.M. facility, on 15.01.2010 went to A.T.M. Counter of S.B.I., Kadamtala to withdraw an amount of Rs.20,000/...
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