Kolkata Court May 2015 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Sumit Majumdar Vs. Coal India Ltd. and Ors.
Court: Kolkata
Decided on: May-13-2015
In The High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP No.790 of 2014 Sumit Majumdar -vs.Coal India LTD.& ORS.Before: : The Honble Justice Arijit Banerjee For the Petitioner : Mr.Partha Ghosh, Adv.For the Respondents : Mr.Susanta Pal, Adv.Mr.P.Basu, Adv.Me. Sudhakar Misra, Adv.Heard on : 31/03/2015, 22/04/2015 CAV On : 29/04/2015 Judgment On : 13/05/2015 Arijit Banerjee, J.: (1) In this writ application the petitioner prays for a writ of mandamus, commanding the respondent authorities to grant promotion to the petitioner in terms of the office order dated 22nd September, 2008 issued by the General Manager (Personnel).Coal India LTD.along with all consequential benefits and full back wages with interest and further promotion in terms of the office order dated 20th September, 2013 and 25th September, 2013 issued by the Chief Manager (Personnel/EE) of Eastern Coalfields LTD.along with all consequential benefits and back wages with interest. The facts of the case b...
M/S Budge Budge Company Ltd. Vs. The Commissioner of Income Tax
Court: Kolkata
Decided on: May-13-2015
FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA Special Jurisdiction ( Income Tax) Original Side Present: The Honble Justice Girish Chandra Gupta & The Honble Justice Arindam Sinha Income Tax Appeal No.175 of 2005 M/s Budge Budge Company LTD.versus The Commissioner of Income Tax For the Appellant: Mr.Ananda Sen, Adv.For the Respondent: Mr.R.K.Sinha, Adv.Heard on : 12.03.2015 & 02.04.2015 Judgment on: 13th May, 2015 Arindam Sinha J. : The appellant assessee has preferred this appeal against a judgment dated 31st December, 2004 pertaining to the Assessment Year 199293 by which the learned Appellate Tribunal dismissed both grounds of appeal of the assessee in upholding the order of the Assessing Officer as confirmed by the CIT(A).The appeal before us was admitted on the following questions:i) Whether on the facts and in the circumstances of the case in spite of the relevant facts and evidences being on record the Honble Tribunal erred in law in coming to a finding that the machinery was not us...
M/S. Nepa Agency Co. Pvt. Ltd and Anr Vs. Union of India and Ors.
Court: Kolkata
Decided on: May-13-2015
In the High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP205of 2015 M/S.Nepa Agency Co.PVT.Ltd & Anr -vs.Union of India & ORS.Before : The Honble Justice Arijit Banerjee For the petitioner : R.K.Chowdhury, Adv.For the respondent : S.B.Saraf, Adv.S.K. Saha, Adv.For DRI : Koushik Dey, Adv.Heard On : 06/04/2015, 08/04/2015 and 20/04/2015 CAV On : 27/04/2015 Judgment On : 13/05/2015 Arijit Banerjee, J.: (1) The petitioner No.1 is a Customs House Agent carrying on business as clearing and forwarding agent. Under the Customs Broker Licensing Regulations, 2013, the Customs House Agents have been re-named as Customs BrokeRs.The petitioner holds Customs House Agent license issued by the Commissioner of Customs (Administration).Customs House, Calcutta. (2) It is the case of the respondents that in July, 2013 the Directorate of Revenue Intelligence, Calcutta Zonal Unit informed the respondents that their office had seized a case wherein cigarettes were attempted to be smuggl...
Binayak Advert Agency Pvt. Ltd. and Anr. Vs. The Kolkata Municipal Cor ...
Court: Kolkata
Decided on: May-12-2015
W.P.No.859 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Binayak Advert Agency PVT.LTD.& Anr. versus The Kolkata Municipal Corporation & ORS.For the Petitioner : Mr.Raja Basu Choudhury, Advocate Mr.Arjun Kumar Mukherjee, Advocate For the Respondents : Mr.Subrata Banerjee, Advocate Smt. Sumana Sinha, Advocate Mr.Ashok Banerjee, Sr.Advocate Mr.Gopal Ch. Das, Advocate Hearing concluded on Judgment on : April 29, 2015 : May 12, 2015 DEBANGSU BASAK, J.:- The fiRs.writ petitioner is engaged in the business of advertisement. The writ petitioners claim to have entered into a contract with the respondent No.3 for erection of advertisements at different sites to be provided by the respondent No.3. The writ petitioners claim that, they were not permitted by the respondent No.3 to put up advertisements in terms of the contract. Since the respondent No.3 did not permit the writ petitioners to put up the advertisements, the writ petitioners are not liable to pa...
Kolkata Vs. Merlin Holding Private Limited
Court: Kolkata
Decided on: May-12-2015
ORDER SHEET ITA NO.101 OF2011IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-III, KOLKATA Versus MERLIN HOLDING PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 12th May, 2015. MR.S.B.SARAF,ADVOCATE FOR APPELLANT MR.J.P.KHAITAN, SR.ADVOCATE, MR.P.JHUNJHUNWAL, MR.C.S.DAS, ADVOCATES FOR RESPONDENT The Court : The subject matter of challenge in the appeal is a judgment and order dated 18th October, 2010 pertaining to the assessment years 2005-06 and 2006-07. The Assessing Officer was of the opinion that the activity which, according to the assessee, was on investment account amounted to business activity and, therefore, he treated the short-term capital gains of Rs.1,01,00,000/- approximately as business income. Aggrieved by the order the assessee preferred an appeal. The appellate authority came to the conclusion that the claim put forward by the assessee was correct ...
Hutchison Telecom East Ltd. Vs. Commissioner of Income Tax, Tds Kolkat ...
Court: Kolkata
Decided on: May-12-2015
ORDER SHEET ITA347OF2006IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE HUTCHISON TELECo.EAST LTD.Versus COMMISSIONER OF INCOME TAX, TDS KOLKATA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 12th May, 2015. For appellant/assessee : Mr.J.P.KHAITAN,SR.ADVOCATE MR.S.DAS,ADVOCATE For Respondent/revenue : MR.P.K.BHOWMIK,Advocate The Court: The subject matter of challenge in the appeal is a judgement and order dated 5th May, 2006 passed by the learned Income Tax Appellate Tribunal allowing an appeal preferred by the revenue pertaining to the assessment year 2004-05. The assessee has come up in appeal. The following questions were formulated at the time when the appeal was formally admitted:1.Whether the Tribunal was justified in law in holding that the discount allowed by the appellant to the distributors in respect of starter packs and recharge coupons for its prepaid service amounted to payment by the appellant of co...
Bagadiya Brothers Pvt. Ltd. and Anr. Vs. Union of India and Ors.
Court: Kolkata
Decided on: May-12-2015
W.P.No.336 of 2009 with W.P.No.1070 of 2009 W.P.No.343 of 2009 W.P.No.965 of 2008 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Bagadiya Brothers PVT.LTD.& Anr. versus Union of India & ORS.For the Petitioners : Mr.Shyamal Sarkar, Sr.Advocate Mr.R.A.Agarwal, Advocate Mr.K.Gupta, Advocate Mr.R.Gupta, Advocate Mr.R.Dhara, Advocate Mr.A.G.Mukherjee, Advocate Ms.Nibedita Pal, Advocate For the Respondents : Mr.A.K.Ghosal, Sr.Advocate Mr.Rajendra Chaturvedi, Advocate Mr.D.K.Singh, Advocate Hearing concluded on Judgment on : April 23, 2015 : May 12, 2015 DEBANGSU BASAK, J.:- Four writ petitions concerning identical issues are taken up together for hearing with the consent of the parties. For the purpose of appreciating the facts giving rise to the issues in the four writ petitions, the factual matrix of W.P.No.336 of 2009 is dealt with. The facts in the other three writ petitions are similar to that of W.P.No.336 of 2009. The writ petitioners contend that, the Ra...
Commissioner of Income Tax, Kolkataiv, Kolkata Vs. H K Financers Priva ...
Court: Kolkata
Decided on: May-12-2015
ORDER SHEET ITA NO.117 OF2011IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-IV, KOLKATA Versus H K FINANCERS PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA AND The Hon'ble JUSTICE ARINDAM SINHA Date: 12th May, 2015 MR.S.B.SARAF,ADVOCATE FOR APPELLANT MR.J.P.KHAITAN, SR.ADVOCATE FOR RESPONDENT The subject matter of challenge in the appeal is a judgment and order dated 12th November, 2010 pertaining to the assessment year 2007-2008. Views of the Tribunal precisely are as follows:- O n the other hand, the Ld. Counsel for the assessee by referring the written submission made before the Assessing Officer at pages 30 to 32 and at pages 35 to 43, contended that since the assessee-company has maintained the accounts with applicable accounting standards, the investments which have been classified as long term or carried at cost whereas the shares kept in the portfolio of the stock-in-trade has been valued at m...
Navin Kumar Agarwal Vs. Commissioner of Income Tax – Xii, Kolkata
Court: Kolkata
Decided on: May-12-2015
FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE Present: Honble Justice Girish Chandra Gupta And Honble Justice Arindam Sinha ITA11of 2005 NAVIN KUMAR AGARWAL Versus COMMISSIONER OF INCOME TAX XII, KOLKATA Advocate for the appellant: Mr.R.N. Bajoria, Sr.Adv.Mr.A.Gupta, Adv.Advocate for the Respondent/Revenue: Mr.P.Dhudhoria, Adv.Hearing concluded on: 27th April, 2015 Judgment delivered on:12th May, 2015 GIRISH CHANDRA GUPTA J. The subject matter of challenge in this appeal is a judgment and order dated 3rd September, 2004 pertaining to the block assessment for the assessment year 1990-1991 to 2000-2001. The questions formulated at the time of admission of the appeal are as follows: I) Whether in view of the fact that the warrant of authorization has been issued on 2nd December, 1999 and the search was conducted authorization search on 31 officer st on th in execution December, 8 of 1999 the and said the warrant further of alleged January, 200...
S.K. Sarawagi and Company Private Ltd. and Anr. Vs. Union of India and ...
Court: Kolkata
Decided on: May-12-2015
W.P.No.186 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side S.K.Sarawagi and Company Private LTD.& Anr. versus Union of India & ORS.For the Petitioners : Mr.Mr.Mr.Mr.Shyamal Sarkar, Sr.Advocate Kumar Gupta, Advocate Ramesh Dhara, Advocate A.G.Mukherjee, Advocate For the Respondents : Mr.A.K.Ghosh, Sr.Advocate Mr.Rajendra Chaturvedi, Advocate Hearing concluded on : May 07, 2015 Judgment on : May 12, 2015 DEBANGSU BASAK, J.:- The writ petitioners herein have assailed the Order dated January 4, 2011 passed by the Chief Commercial Manager (FS).South-Eastern Railway. It is contended on behalf of the writ petitioners that the Railway authorities had claimed stacking charges on account of stacking of materials by the writ petitioneRs.The writ petitioners had questioned such claim made by the respondent authorities. The writ petitioners had filed a writ petition being W.P.No.1113 of 2010 questioning such demand for stacking charges. Such writ petition was di...
- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »