Kolkata Court March 2016 Judgments
Commissioner of Income Tax, Central – I, Calcutta Vs. Apeejay Medica ...
Court: Kolkata
Decided on: Mar-18-2016
FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (income tax) ORIGINAL SIDE Present: Honble Justice Girish Chandra Gupta And Honble Justice Indrajit Chatterjee ITA NO.32 of 2001 COMMISSIONER OF INCOME TAX, CENTRAL I, CALCUTTA Versus APEEJAY MEDICAL RESEARCH & WELFARE ASSOCIATION (P) LTD.Advocate for the Appellant: Mr.S.B.Saraf, Adv.Advocate for the respondent: Mr.S.K. Kapoor, Sr.Adv.Mr.J.P. Khaitan, Sr.Adv.Hearing concluded on: 19.02.2016 Judgement delivered on:18.03.2016. GIRISH CHANDRA GUPTA J. The revenue has come up in appeal against a judgement and order dated 18th August, 2000 passed by the learned Income Tax Appellate Tribunal, E Bench, Calcutta pertaining to the assessment year 1988-89 affirming an order of the CIT(A) allowing exemption under Section 10(22A) of the Income Tax Act (hereinafter referred to as the Act).The following questions of law were formulated at the time of admission of the appeal:i)Whether on the facts and in the circumstances of the case, t...
Tag this Judgment!Plastolene Polymers Private Ltd. Vs. Union of India
Court: Kolkata
Decided on: Mar-18-2016
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.992 of 2002 PLASTOLENE POLYMERS PRIVATE LTD.Versus UNION OF INDIA BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 18th March, 2016. Appearance: Mr.R.K.Chowdhury, Adv.Mr.Protyush Chatterjee, Adv.Ms.Debjani Ray, Adv.The Court : The petitioners had obtained an interim order dated May 17, 2002. The interim order had permitted the petitioners to sell goods upon furnishing of Bank Guarantee and indemnity bond. Apparently, the petitioners have furnished few Bank Guarantees and have also executed indemnity bonds. Initially when the matter was taken up for hearing on a query from Court as to whether the bank guarantees are alive or not, none of the appearing parties were able to assist the Court. In such circumstances, by an order dated February 10, 2016, I had called upon the petitioners to file a supplementary affidavit disclosing the compliance of the interim order dated May 17, 2002 and the vali...
Tag this Judgment!Indian Aluminium Company Limited Vs. Commissioner of Income Tax Iii, K ...
Court: Kolkata
Decided on: Mar-18-2016
FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE Present: Honble Justice Girish Chandra Gupta And Honble Justice Indrajit Chatterjee ITA No.278 OF2007INDIAN ALUMINIUM COMPANY LIMITED Versus COMMISSIONER OF INCOME TAX- III, KOLKATA Advocate for the Appellant Mr. J.P. Khaitan, Sr. Adv. Mr. Avra Mazumder, Adv. Advocate for the Respondent Mr. P. K. Bhowmik, Adv. Hearing concluded on: February 16, 2016 Judgment delivered on:18. h March 2016 GIRISH CHANDRA GUPTA J.The assessee has come up in appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act) against the order of the Income Tax Appellate Tribunal, E - Bench, Kolkata dated 15th December, 2006 in ITA No.443/Kol/2003 for the assessment year 1997-98. By the order dated 1st August, 2007 a Division Bench of this Court admitted this appeal on the following substantial questions of law:- (I) Whether on the facts and in the circumstances of the case the Tribunal erred in...
Tag this Judgment!Commissioner of Income Tax, Central – I, Calcutta Vs. M/S. Apeejay M ...
Court: Kolkata
Decided on: Mar-18-2016
FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (income tax) ORIGINAL SIDE Present: Honble Justice Girish Chandra Gupta And Honble Justice Indrajit Chatterjee ITA NO.207 of 2001 COMMISSIONER OF INCOME TAX, CENTRAL I, CALCUTTA Versus M/S.APEEJAY MEDICAL RESEARCH & WELFARE ASSOCIATION (P) LTD.Advocate for the Appellant: Mr.S.B.Saraf, Adv.Advocate for the respondent: Mr.S.K. Kapoor, Sr.Adv.Mr.J.P. Khaitan, Sr.Adv.Hearing concluded on: 19.02.2016 Judgement delivered on:18.03.2016. GIRISH CHANDRA GUPTA J. The appeal is directed against a judgement and order dated 16th November, 2000 passed by the learned Income Tax Appellate Tribunal, E - Bench, Calcutta pertaining to the assessment year 199293 by which the learned Tribunal dismissed the appeal preferred by the revenue agreeing with the views of the CIT that the funds were raised by the assessee for the philanthropic purposes. The facts and circumstances of the case appearing from the order of the assessing officer are as f...
Tag this Judgment!Pawan Properties Vs. Youdhistir Agarwal and Ors.
Court: Kolkata
Decided on: Mar-18-2016
EC No.592 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PAWAN PROPERTIES -VersusYOUDHISTIR AGARWAL & ORS.Appearance: Mr.Jishnu Saha, Sr.Adv.Mr.S.Singvi, Adv.Ms.Sananda Ganguli, Adv.Mr.Subrodip Roy, Adv.Ms.Payel Bhattacharyya, Adv...for the decree-holder. Mr.Suvankar Nag, Adv...for the judgment-debtORS.Mr.Sibasis Ghosh, Adv...the Special Officer. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 18th March, 2016. The Court : It is apparent and evident from the conduct of the judgment-debtor that he is resorting to all recourses available or unavailable in law to thwart the decree obtained on compromise. In couRs.of the suit the judgment-debtor entered into a compromise by which he agreed to transfer his undivided share in respect of the Rs.85,71,428/-. premises in question for and at a price of The said judgment-debtor was further entitled to get a super built-up area measuring 1050 sq.ft. along with one car parking space in a newly constructed ...
Tag this Judgment!Mr.Sujitendra Krishna Deb Vs. Deputy Commissioner of Income Tax Circle ...
Court: Kolkata
Decided on: Mar-18-2016
OD-1 GA No.612 of 2016 WP No.1341 of 2015 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Mr.SUJITENDRA KRISHNA DEB Versus DEPUTY COMMISSIONER OF INCOME TAX - CIRCLE22& ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 18th March, 2016. Appearance: Mr.Samaraditya Pal, Sr.Adv.Mr.J.P. Khaitan, Sr.Adv.Mr.Indranil Nandi, Adv.Mr.Dipak Sarkar, Adv.Mr.Debaprasad Samanta, Adv.Mr.R.N. Bandyopadhyay, Adv.Mr.Prithu Dudheria, Adv.The Court: Sufficient grounds have been made out as to why the petitioner was not represented on February 25, 2016 when WP No.1341 of 2015 was dismissed for default. The order dated February 25, 2016 is recalled and WP No.1341 of 2015 is restored to the file. The restoration application, GA No.612 of 2016, is allowed as above, but without any order as to costs. The petition is taken up for immediate consideration. This is another petition inspired by the Supreme Court judgment in GKN Driveshafts (India) Ltd reported at (2003) 1 SCC72 Purs...
Tag this Judgment!Surendra Commercial Syndicate Pvt. Ltd. Vs. Pawan Kumar
Court: Kolkata
Decided on: Mar-18-2016
ORDER SHEET A.C.O.No.127 of 2015 A.P.O.T.No.344 of 2015 C.P.No.309 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SURENDRA COMMERCIAL SYNDICATE PVT.LTD.Versus PAWAN KUMAR BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE -AndThe Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 18th March, 2016. For Appellant : Mr.Sabyasachi Choudhury with Mr.Aniruddha Mitra & Mr.G.S.Gupta, Adversus For Respondent : Mr.Anuj Singh, Adv.INDRA BANERJEE, J. : The appeal is against a judgment and order dated 22nd July, 2015 passed by the learned Company Court, whereby the winding-up petition being C.P.No.309 of 2013 filed by the respondent petitioning creditor against the appellant company has been admitted for a sum of Rs.48,47,000/- with interest thereon at the rate of 18% per annum. It is not in dispute that the petitioning creditor lent a total sum of Rs.1,09,50,000/- to the appellant company by issuing eleven cheques particulars whereof are given hereinbelow Date Cheque No.Bank Amou...
Tag this Judgment!Sajal Dutta Vs. Reserve Bank of India and Ors.
Court: Kolkata
Decided on: Mar-16-2016
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side GA No.360 of 2007 WP No.1157 of 2004 Sajal Dutta versus Reserve Bank of India & ORS.For petitioners:- Mr.S.N.Mookerjee Sr.Advocate Mr.Ratnanko BanerjeeSr.Advocate Mr.Sounak Mitra.Advocate Mr.Tarun Aich.Advocate For Respondent No.6: Mr.S.K.KapurSr.Advocate Mr.Jishnu Saha.Sr.Advocate Mr.Subhojit Roy Advocate Mr.P.Gorai Advocate For R. B.I.: Mr.H.K.Mitra Sr.Advocate Mr.D.D.Sen,.Advocate 16th March, 2016 Judgement On: - I.P.MUKERJI, J. Ruby General Hospital is situated right at the crossing of Eastern Metropolitan Bypass and the Gariahat connector to it. It was set up on the initiative of two brotheRs.Sajal, the writ petitioner and Kamal the respondent No.6 and a friend of Kamal, Binod Prasad Sinha. Kamal and Binod are permanent residents of USA. Both are doctORS.Sajal always resided in Kolkata. This hospital was conceptualized to be technologically a most modern hospital with state of the art facilities. It was n...
Tag this Judgment!Sri Kartick Chandra Ghosh and Others Vs. Kolkata Municipal Corportatio ...
Court: Kolkata
Decided on: Mar-16-2016
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE A.P.O. No.272 OF2013W.P. No.936 OF2003SRI KARTICK CHANDRA GHOSH AND OTHERS VERSUS KOLKATA MUNICIPAL CORPORTATION AND OTHERS With F.M.A. No.2555 OF2013C.O.T. No.87 OF2013SRI KARTICK CHANDRA GHOSH AND OTHER VERSUS ASHOK KUMAR GUHA AND OTHERS Before Chellur : The Honble Chief Justice Dr. Manjula & The Honble Justice Arijit Banerjee For the Appellants : Mr. Joydeep Kar, Sr. Adv. Mr. S. Majumder, Adv. Mr. A Lahiri, Adv. For the Respondents : Mr. Mr. Mr. Mr. L.K. Gupta, Sr. Adv. G. Mitra, Adv. Kallol Basu, Adv. M. Chakraborty, Adv. Heard On :27. 11/2014, 10/12/2014, 12/12/2014, 17/12/2014, 30/01/2015 & 13/12/2015 CAV On :18. 01/2016 Judgment on :16. 03/2016 Arijit Banerjee, J.:1. These two appeals arise from a common judgment and order dated 15th May, 2013 whereby two writ petitions being WP No.21394(W) of 2000 (Ashok Kumar Guha and others vs. Kolkata Municipal Corporation and others) and WP No.936 of 2003 (Kartick Chan...
Tag this Judgment!Indra Kumar Agarwal and Ors. Vs. Suresh Kumar Gupta and Ors.
Court: Kolkata
Decided on: Mar-16-2016
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION (ORIGINAL SIDE) APD No.317 of 2014 APOT No.4 OF2014arising out of C.S.No.461 OF1984INDRA KUMAR AGARWAL & ORS.versus SURESH KUMAR GUPTA & ORS.BEFORE: The Honble Justice INDIRA BANERJEE And The Honble Justice SAHIDULLAH MUNSHI Date: 16th March, 2016. Appearance: Mr.Swarnendu Ghosh, Adv.Led by Mr.Utpal Bose, Sr.Adv.Mr.S.Sen Barat, Adv.Mr.Swapan Kumar Mallick, Mr.Partha Basu, Mr.S.Prasad, Debatrayee Banrjee, Adv.Adv.Adv.Adv.The Court: This appeal is against a judgment and decree dated 24th July, 2014 passed by the learned Single Bench in CS No.461 of 1984 (Suresh Kumar Gupta and Anr. versus Samarendra Nath Shaw and Ors.) whereby a consent decree dated 7th March, 1984 in Suit No.850 of 1982 (Shambhu Dayal Agarwal and Anr. versus Samarendra Nath Shaw and Ors.) has been declared null and void. Sambhu Dayal Agarwal, since deceased, predecessor-in-interest of the appellants and a tenant of Premises No.140 and 140/1, Ramdulal Sarkar Stre...
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