Kolkata Court August 2014 Judgments
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Prabhat Kumar Chakravarty Vs. Reserve Bank of India and ors.
Court: Kolkata
Decided on: Aug-06-2014
ORDER SHEET GA No.2317 of 2014 GA No.2318 of 2014 APOT No.381 of 2014 W.P No.141 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PRABHAT KUMAR CHAKRAVARTY Versus RESERVE BANK OF INDIA AND ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SUDIP AHLUWALIA Date: 6th August, 2014 Mr.Subir Sanyal, Adv.with Mr.Sutirtha Das, Adv..for the appellant Mr.Arijit Choudhury, Sr.Adv.with Mr.A.K. Banerjee, Adv.Mr.A.Sarkar ..for the respondents Ref: G.A.No.2317 of 2014 This application has been filed for condoning the delay in preferring the appeal. Having heard the learned Advocate appearing on behalf of the respective parties and considering the averments made in this application, we are satisfied that sufficient reasons have been furnished and adequate grounds have been mentioned in this application for condoning the delay in preferring the appeal. Therefore, the delay in preferring the appeal is condoned. The department is directed t...
L and T Finance Ltd. Vs. Apurba Kalita and anr.
Court: Kolkata
Decided on: Aug-06-2014
G.A.2320 OF2014APOT383OF2014A.P.1342 OF2013IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE L & T FINANCE LTD.Versus APURBA KALITA & ANR. BEFORE HONBLE THE CHIEF JUSTICE MANJULA CHELLUR THE HONBLE JUSTICE BANERJEE Date : 6th August, 2014 For the Appellant : Mr.Paritosh Sinha, Advocate For the Respondent : THE COURT : Despite service none appears to oppose this appeal. The learned single Judge discharged the Receiver as the appellant could not assist the Receiver informing him about the location of the hypothecated assets. Being aggrieved, the appellant preferred the instant appeal. Learned counsel appearing for the appellant files an affidavit wherefrom we find the present location of the assets as stated in paragraph 3 of the said affidavit. In such view of the matter the appeal succeeds in part and the order of discharge of Receiver is set aside. The monthly instalments have become due and payable to the extent of Rs.17,93,000/-. The Receiver is directed to ta...
Supermax Vinimay Pvt. Ltd. and anr. Vs. Kolkata Municipal Corporation ...
Court: Kolkata
Decided on: Aug-06-2014
WP No.597 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SUPERMAX VINIMAY PVT.LTD.& ANR. Versus KOLKATA MUNICIPAL CORPORATION & OTHERs.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 6th August, 2014. Appearance: Mr.Subrata Basu, Advocate Mr.J.Chatterjee, Advocate Mr.Mr.Mr.Mr.Ashok Banerjee, Sr.Advocate Barin Banerjee, Advocate G.C.Das, Advocate D.Mondal, Advocate Mr.Biswanath Mukherjee, Advocate The Court: The concerned premises is numbered as P16/4/1 Purna Das Road, Kolkata 29. The fifth respondent is the owner of this premises. The writ petitioner is an adjoining owner. They complained to the Kolkata Municipal Corporation that the fifth respondent was indulging in illegal construction, in breach of the sanctioned plan and the Kolkata Municipal Corporation Act, 1980 and the rules framed thereunder. Acting in terms of this complaint, Kolkata Municipal Corporation regularised the same by an appropriate decision. Now, Mr.Basu, learned Advocate for the...
Rooprekha Sales Pvt. Ltd. Vs. Navkar Buildwell Pvt. Ltd.
Court: Kolkata
Decided on: Aug-06-2014
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION GA No.1032 of 2012 CS No.64 of 2012 Rooprekha Sales PVT.LTD.Versus Navkar Buildwell PVT.LTD.GA No.1033 of 2012 CS No.65 of 2012 Gunmala Sales PVT.LTD.Versus Navkar Buildstates PVT.LTD.GA No.1034 of 2012 CS No.34 of 2012 Fast Flow DealCo.PVT.LTD.Versus Kanhaiya Lal Mehta GA No.1035 of 2012 CS No.35 of 2012 Fast Flow DealCo.PVT.LTD.Versus Navkar Buildwell PVT.LTD.GA No.1036 of 2012 CS No.36 of 2012 Fast Flow DealCo.PVT.LTD.Versus Navkar Buildwell PVT.LTD.GA No.1037 of 2012 CS No.30 of 2012 Fast Flow DealCo.PVT.LTD.Versus Shanti Lal Mehta GA No.1038 of 2012 CS No.37 of 2012 Fast Flow DealCo.PVT.LTD.Versus Navkar Promoters PVT.LTD.GA No.1039 of 2012 CS No.66 of 2012 Gunmala Sales PVT.LTD.Versus Navkar Infra Projects PVT.LTD.GA No.1040 of 2012 CS No.31 of 2012 Fast Flow DealCo.PVT.LTD.Versus Komal Singh Mehta GA No.1041 of 2012 CS No.67 of 2012 Gunmala Sales PVT.LTD.Versus Navkar Promoters PVT.LTD.GA No.1042 of 2012 CS No.32...
Commissioner of Income Tax, Kolkataxv Kolkata Vs. Smt. Bhagwati Devi J ...
Court: Kolkata
Decided on: Aug-06-2014
ORDER SHEET GA No.1882 of 2014 ITAT No.71 of 2014 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-XV KOLKATA Versus SMT. BHAGWATI DEVI JOSHI BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 6th August, 2014. Appearance: Mr.P.Dudhuria, Adv.The Court : The Department has preferred this appeal under Section 260A of the Income Tax Act, 1961, against the order dated 27th January, 2014 passed by the Income Tax Appellate Tribunal, C Bench, Kolkata, in I.T.A.No.404/Kol/2012 relating to the Assessment Year 2002-2003 on the following questions: (a) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal erred in law as well as in facts by holding that provisions of Section 68 of the Income Tax Act, 1961 are not applicable in case of a gift by Non Resident Indian to a Resident of India ?. (b) Whether on the facts and in the circumstances of the case, the Income T...
M/S. Sarvopari Impex Pvt.Ltd.and anr. Vs. the Commissioner of Central ...
Court: Kolkata
Decided on: Aug-06-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.122 of 2014 M/S.SARVOPARI IMPEX PVT.LTD.& ANR. Versus THE COMMISSIONER OF CENTRAL EXCISE, HALDIA COMMISSIONERATE & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 6th August, 2014. For Petitioner : Mr.Saurabh Bagaria with Mr.Piyush Dwivedi, Advocates For Respondent : Mr.S.B. Saraf with Mr.K.K. Maiti, Advocates The Court : Mr.Saurabh Bagaria, learned counsel, has argued this writ application with great force. His main submission was that there was a breach of the principles of natural justice by the Commissioner in passing his order dated 28th March, 2012. He referred me to para 3.1 of the order. He submitted that it was recorded there that personal hearing was given in relation to a show cause notice dated 16th November, 2010. That show cause notice was different from the subject matter of the application being considered by the Commissioner, which was for remission of excise duty. Therefo...
Smt Sita Rani Mondal Vs. Cit.Koliv.Kolkata
Court: Kolkata
Decided on: Aug-06-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE ITAT No.83 of 2014 G.A.No.1922 of 2014 SMT SITA RANI MONDAL Versus CIT.KOL-IV.Kolkata BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 6th August, 2014. Mr.S.B.Saraf, Adv.appears and submits The Court : Let the appeal be admitted. Let the appeal be heard on the following questions : (A) Whether the learned Tribunal was correct in law in substantially deleting the addition under section 69 of the Income Tax Act of undisclosed investment in stocks of HSD, Petrol and Lubricants without appreciating that the same was not justified due to the failure on the part of the assessee to reconcile the quantitative difference between the stock figures given by her to the bank and her book stock as per her audited final accounts and that the decision was perveRs.to that extent ?. (B) Whether the learned Tribunal was correct in law in computing the unexplained stock position on t...
Panchi Bibi Wakf Estate and ors. Vs. Assistant Director of Income Tax ...
Court: Kolkata
Decided on: Aug-06-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction ((Income Tax) ORIGINAL SIDE ITAT No.89 of 2014 G.A.No.2180 of 2014 PANCHI BIBI WAKF ESTATE & ORS.Versus ASSISTANT DIRECTOR OF INCOME TAX (EXEMPTION) , KOLKATA BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 6th August, 2014. Mr.J.P.Khaitan, Sr.Adv.Mr.S.Bhowmik, Adv.And Mr.R.N.Barik, Adv.appear and submit Md.Nizamuddin, Adv.appears and submits The Court : This appeal is directed against the order dated 3rd March, Kolkata 2014 passed by the in Income Tax Income Appeal Tax No.Appellate 1193 to Tribunal C 1198/Kol/2012 Bench, for the assessment years 2003-04 to 2008-09. The questions of law sought to be raised by the appellant are as follows : (i) Whether the Tribunal was justified in law in deciding the appeals without giving adequate/proper opportunity of hearing to the remuneration and appellant ?. (ii) Whether and in any event the provision of residence as part of such remuneration to the m...
Cit.Koliv, Kolkata Vs. M/S. Simplex Projects Ltd
Court: Kolkata
Decided on: Aug-06-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE G.A.No.1983 of 2014 ITAT No.84 of 2014 CIT.KOL-IV, Kolkata Versus M/S.SIMPLEX PROJECTS LTD BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 6th August, 2014. Mr.S.B.Saraf, Adv.appears and submits The Court : Let the appeal be admitted. Let the appeal be heard on the following questions : (A) Whether the learned Tribunal erred in disregarding that inasmuch as the assessee company was not carrying on the business of (I) developing or (ii) operating and maintaining or (iii) developing, operating and maintaining any infrastructure facility in any project neither the assessee was owner of any of those and having acted as a contractor therein, the assessee company is not eligible for deduction under section 80IA(4) of the said Act ?. (B) Whether the learned Tribunal failed to appreciate that in terms of the Explanation appended to section 80IA (13).as introduced by the F...
Commissioner of Ioncome Tax, Koliv Vs. M/S. Systematix Securities Ltd.
Court: Kolkata
Decided on: Aug-06-2014
ORDER SHEET G.A.No.1302 of 2014 ITAT26OF2014IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF IONCOME TAX, KOL-IV Versus M/S.SYSTEMATIX SECURITIES LTD.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 6th August, 2014. Appearance : Mrs.Smita Das Dey, Advocate Mr.Avra Majumder,Advocate The Court : This appeal has been preferred by the Revenue against the order dated 19th December, 2013 passed by the Income Tax Appellate Tribunal, Kolkata C Bench, Kolkata in I.T.A.Nos.1565 and 1566/Lol/2011 for the assessment years 1998-99 and 2000-2001 on the following questions :i) Whether on the facts and in the circumstances of the case the Tribunal was justified in law to uphold the order of the CIT(A) without considering the decision of the High Court at Calcutta in the case of Eastern India Aviation & Industries Limited reported in 208 ITR1023Cal).ii) Whether on the facts and in the circumstances of the case the Tribunal w...
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