Kolkata Court May 2015 Judgments
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C.I.T. Kolkata Iv Vs. Wacker Metroark Chemicals P. Ltd.
Court: Kolkata
Decided on: May-11-2015
ORDER SHEET ITA NO.444 OF2005IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(Income Tax) ORIGINAL SIDE C.I.T.KOLKATA IV Versus WACKER METROARK CHEMICALS P. LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 11th May, 2015. MR.S.B.SARAF,ADVOCATE FOR APPELLANT MR.R.N.DUTT, MS.SUTAPA ROY CHOWDHURY,ADVOCATES FOR RESPONDENT/ASSESSEE The Court : The subject matter of challenge in this appeal is a judgment and order dated 6th June, 2005 pertaining to the assessment year 2001-02 preferred by the revenue. The following question of law was formulated; Whether on the facts and circumstances of the case, the Tribunal was right in holding that commission receipts of Rs.91,63,429/- will not be reduced from profits of business for the purpose of computing deduction under section 80HHC although commission receipt is not profit derived by the assessee from the export of goods ?. The learned C.I.T took the following view of the matter; 4) I have considered t...
Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: May-11-2015
ORDER SHEET W.P.No.275 of 2015 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ROSE VALLEY REAL ESTATES & CONSTRUCTIONS LTD.& ANR. Versus STATE OF WEST BENGAL & ORS.Petitioners Respondents BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 11th May, 2015. For Petitioners : Mr.S.N.Mitra & Mr.Kishore Dutta, Sr.Adversus with Ms.Moushumi Bhattacharya, Mr.Anup Nath Bhattacharyya, Mr.Sankarsan Sarkar, Ms.A.Abdullah & Mr.Sujit Kr. Singh, Adversus For State : Mr.Abhratosh Majumdar, Government Pleader In this writ application the petitioner company challenges an order dated 10th May, 2013, issued by the Directorate of Registration and Stamp Revenue, Government of West Bengal. By the said order, all the District Registrars R.A.Kolkata have been requested to direct the registering officers under their control to refuse acceptance of presentation of any kind of documents either executed by any of the companies mentioned in the list appended to the said order or on beha...
Steel Authority of India Ltd. Vs. Mackinnon Mackenzie and Co. Ltd. and ...
Court: Kolkata
Decided on: May-08-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Present : The Honble Justice Soumen Sen G.A.No.1662 of 2012 CS No.366 of 2009 STEEL AUTHORITY OF INDIA LTD.versus MACKINNON MACKENZIE & Co.LTD.& ANR. For the plaintiff : Mr.Anindya Kr. Mitra, Sr.Adv., Mr.Raja Basu Chowdhury, Mr.S.Mukherjee, For the defendant : Mr.Pradip Kumar Ghosh, Sr.Adv., Mr.Abhijit Gangopadhyay, Mr.Supriya Dubey Heard on : 30.03.2015, 01.04.2015, 27.04.2015, 04.05.2015, 06.05.2015. Judgment on : 8th May, 2015 Soumen Sen, J.:- This is an application at the instance of the defendant No.2 for dismissal of the suit. The plaintiff has filed this suit praying, inter alia, for the following reliefs:a) A decree of declaration that the plaintiff was and still is a tenant of different portions of the said premises being premises No.16, Strand Road, Kolkata (also known as 2, Fairlie Place, Kolkata) comprising of ground floor, Mezzanine floor, 2nd Floor, 3rd Floor, 4th Floor and roof having 97711....
Commissioner of Income Tax, Kolkata, Xix Vs. M/S. Golden Corporation S ...
Court: Kolkata
Decided on: May-08-2015
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA No.29 of 2010 G.A.No.200 OF2010COMMISSIONER OF INCOME TAX, KOLKATA, XIX Versus M/S.GOLDEN CORPORATION SERVICES BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA A n d The Hon'ble JUSTICE ARINDAM SINHA Date : 8th May, 2015. For Appellant : Mr.P.Dudhoria, Advocate For Respondent : Mr.Avra Mazumder, Adv.The Court : The subject matter of challenge in the appeal is a judgment and order dated 12th June, 2009 pertaining to the assessment year 2005-06. The appeal was presented on 28th January, 2010 with an application for condonation of delay of 79 days. The appellant does not appear to have taken any step thereafter. On 5th March, 2010 the matter was in the list. The appellant was not represented. The matter was adjourned sine die. It was, however, recorded that the acknowledgement due card had not come back. On what basis the aforesaid information was recorded in the order dated 5th March, 2010 is no...
Lieutenant Colonel C. K. Agarwal Vs. Union of India and Ors.
Court: Kolkata
Decided on: May-08-2015
IN THE HIGH COURT AT CALCUTTA CIVIL WRIT JURISDICTION ORIGINAL SIDE A.P.O. 49 of 2015 W.P. No.1532 of 2006 Lieutenant Colonel C. K. Agarwal Vs. Union of India & Ors. BEFORE: The Honble CHIEF JUSTICE DR. MANJULA CHELLUR The Honble JUSTICE JOYMALYA BAGCHI The Honble JUSTICE ARIJIT BANERJEE Mr. Pradip Tarafdar, Advocate Mr. Sambuddha Dutta, Advocate Mr. Hemraj Adhikary, Advocate for the Appellant. Mr. Kaushik Chandra, Advocate Mr. Arindam Sen, Advocate for the Respondents. Heard on:25. 2.2015 & 4.3.2015. Delivered on: May 8, 2015. Dr. Manjula Chellur, Chief Justice : The above appeal is directed against the order dated 11.10.2007 in W.P. 1532 of 2006. When the matter came up for hearing before the Division Bench, Division Bench opined, since Union of India had set up a Tribunal to deal with disputes including service matters pertaining to Armed Forces personnel, in the light of Section 34 of the Armed Forces Tribunal Act of 2007 (for short hereinafter referred to as AFT Act of 2007), whet...
Commissioner of Income Tax, Koliv, Kol. Vs. M/S. Som Dutt Builders Pvt ...
Court: Kolkata
Decided on: May-08-2015
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [ Income Tax ].ORIGINAL SIDE ITA114of 2011 COMMISSIONER OF INCOME TAX, KOL-IV, Kol. Versus M/S.SOM DUTT BUILDERS PVT.LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 8th May, 2015. For Appellant : Md.Nizamuddin, Advocate For Respondent : Mr.N.K. Poddar, Senior Advocate with Mr.J.P. Tibrewal, Advocate The Court : The subject matter of challenge in this appeal is a judgment and order dated 12th November, 2010 pertaining to the assessment year 2003-04. The Revenue has come up in appeal. The following three questions were admitted : (a) Whether the learned Tribunal below committed substantial error of law in allowing deduction of Rs.79,42,442/- under section 80HHBA notwithstanding the fact that the said receipt was from the sale of scrap which has nothing to do with a housing project awarded to the assessee. (b) Whether the learned Tribunal below committed substantial error of law in...
Commissioner of Incometax, Kolkataiii Vs. M/S. Itc Ltd
Court: Kolkata
Decided on: May-07-2015
ITA426OF2006IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME-TAX, KOLKATA-III Versus M/S.ITC LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 7th May, 2015. For appellant : Mr.R.N.Bandyopadhyay,Advocate Mrs.A.G.Gutgutia,Advocate For Respondent/assessee : Mr.J.P.Khaitan,Sr.Advocate Mrs.Nilanjan Pal (Banerjee),Advocate Mr.A.Gupta,Advocate The Court : The appeal arises out of a judgement and order dated 30th June, 2006 passed by the learned Income Tax Appellate Tribunal pertaining to the assessment year 2002-2003. The revenue has come up in appeal. The following questions were formulated at the time of admission of the appeal: 1 . Whether on the facts and in the circumstances of the case the learned Tribunal has erred by allowing deduction under Section 80IA to the extent of Rs.44,71,14,992/- when the fundamental requirements to quality for claim of deduction under Section 80IA is deficient in...
Binod Kumar Agarwal Vs. Union of India and Ors.
Court: Kolkata
Decided on: May-06-2015
WP2756of 2000 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE BINOD KUMAR AGARWAL Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 6th May, 2015. For the petitioners : Mr.Kumar Gupta,Advocate Mr.Ramesh Dhiara,Advocate Mr.Ankanda Mukherjee,Advocate For the respondents: Mr.Sanajit Kumar Ghosh,Advocate The Court : - The writ petitioner had booked a consignment of salt for transportation by railways from Nawa City to Raniganj. The writ petitioner claims that it had applied for reweighment which was not granted. The railway authority had demanded charges for extra weight. The writ petitioner had paid the same under protest. The writ petitioner had taken delivery of the goods. The writ petitioner had made a representation for refund. According to the writ petitioner, TARE of the wagon not being taken, the actual weight of the consignment could not be ascertained. Since such weight could not be ascertained, the writ petitioner should n...
S B Construction and Ors. Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: May-05-2015
APO172of 2015 G.A.1325 of 2015 W.P.365 of 2015 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side S B CONSTRUCTION & ORS.Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 5th May, 2015. For the Appellants : Mr.Mr.Mr.Mr.Anindya Kumar Mitra Sr.Advocate Saptangshu Basu, Sr.Advocate Ayan Banerjee and Arijit Bhowmik, Advocates For the Respondents: Mr.Shaktinath Mukherjee, Sr.Advocate Mr.D.Saha Roy, Advocate For the State Respondent: Mr.Billawadal Bhattacharyya, Advocate The Court: This appeal is directed against the order dated 30.3.2015, at the instance of the third party respondent. The dispute is with reference to tenders invited for strengthening 15 KMs.of a byelane road in the District of Birbhum. Admittedly, so far as the initial tender, only one person came forward, hence the same was cancelled. The dispute before us is in respect of second tender which came to be floated Apparently...
Magma Fincorp Limited Vs. Maa Vaishno Sales Pvt. Ltd. and Ors.
Court: Kolkata
Decided on: May-05-2015
ORDER GA No.1249 of 2015 EC No.22 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction MAGMA FINCORP LIMITED Versus MAA VAISHNO SALES PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 5th May, 2015. Appearance: Mr.Soumabha Ghose, Advocate ...for judgment debtors/petitioneRs.Mr.Paritosh Sinha, Advocate ...for decree holder. This is an application for dismissal of EC No.22 of 2015 and recalling of the orders dated 15th January 2015 and 2nd April 2015. Mr.Soumabha Ghose, learned counsel appearing on behalf of the judgment debtors submits that the within the period of limitation, the judgment debtors have filed an application for setting aside of the award before the Learned Chief Judge, City Civil court being Misc. Case No.2723 of 2014 and in view thereof the decree holder could not have filed an application for execution of the decree, far less to speak about any order being obtained for arrest and production of the judgment debtors in execution of the awar...
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