Kolkata Court March 2016 Judgments
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Ramshila Enterprises Private Ltd. Vs. Prncipal Commissioner of Income ...
Court: Kolkata
Decided on: Mar-08-2016
FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE Present: Honble Justice Girish Chandra Gupta And Hon'ble Justice Asha Arora GA NO.3929 OF2015WITH ITAT NO.181 OF2015RAMSHILA ENTERPRISES PRIVATE LTD.Versus PRNCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-II, KOLKATA Advocate for the Appellant :Mr.N.K. Poddar, Sr.Adv.Mr.Vineet Tibrewal, Adv.Mr.Siddharth Das, Adv.Advocate for the Respondent :Mr.Animesh Kanti Ghosal, Sr.Adv.Mr.Siddhartha Bhattacharyya. Adv.Date of Hearing: 01/03/16, 02/03/2016,03/03/2016, 04/03/2016,07/03/2016. Date of Judgement : 8th March, 2016. GIRISH CHANDRA GUPTA, J. The subject matter of challenge in the appeal is a judgment and order dated 30th July, 2015 passed by the learned Tribunal disposing of 19 several appeals by a common judgment. All the aforesaid 19 appeals were preferred by 19 several assessees. The appellant in this case is Ramshila Enterprises PVT.Ltd., that is to say, one of the 19 appellants before the Tribunal. I...
M/S. Singlo (India) Tea Ltd. Vs. Commissioner of Income Tax, Central I ...
Court: Kolkata
Decided on: Mar-04-2016
FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (income tax) ORIGINAL SIDE Present: Honble Justice Girish Chandra Gupta And Honble Justice Asha Arora ITA360of 2005 M/S.SINGLO (INDIA) TEA LTD.Versus COMMISSIONER OF INCOME TAX, CENTRAL I, KOLKATA & ANR. Advocate for the Appellant: Mr.J.P.Khaitan, Sr.Adv., Mr.S.Mukherjee, Adv.Advocate for the Respondent: Mr.S.B.Saraf, Adv.Hearing concluded on: 02.02.2016 Judgement delivered on: 04/03/2016. 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 an order of the Income Tax Appellate Tribunal, A- Bench, Kolkata dated 28th June, 2005 in ITA1626KOL/2004 for the assessment year 2000-01. By the order dated 17th November, 2005 a Division Bench of this Court admitted this appeal on the following substantial question of law:- I) Whether on a true and proper interpretation of Section 33AB of the Act and Rule 8 of the Income Tax Rules the de...
Cit, Central – I, Kolkata Vs. Binani Cement Ltd.
Court: Kolkata
Decided on: Mar-04-2016
FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE Present: Honble Justice Girish Chandra Gupta And Honble Justice Asha Arora GA No.3094 of 2012 ITA No.7 of 2004 CIT, CENTRAL I, KOLKATA Versus BINANI CEMENT LTD.Advocate for the Appellant Advocate for the Respondent Mr.R.N. Bandopadhyay, Adv.Mr.Aniket Mitra, Adv.Mr.J.D.Mistri, Sr.Adv.Mr.Madhur Agarwal, Adv.Mr.Moloy Dhar, Adv.Mr.Ajoy Kr. Dey, Adv.Hearing concluded on: February 5, 2016. Judgment delivered on : 04/03/2016. GIRISH CHANDRA GUPTA J. This is an appeal u/s.260A of the Income Tax Act, 1961 (hereinafter referred to as the Act) preferred by the Revenue against a judgement and order dated 30th March, 2012 passed by the Income Tax Appellate Tribunal (hereinafter referred to as the Tribunal) B Bench, Kolkata in ITA No.239/KOL/2011 pertaining to the assessment year 2006-07. This Court by an order dated 25th March, 2014 had disposed of this appeal by setting aside the impugned order of the Tribu...
Air India Limited Vs. Union of India and Others
Court: Kolkata
Decided on: Mar-04-2016
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE APO397of 2001 In WP3123of 2000 AIR INDIA LIMITED -VersusUNION OF INDIA AND OTHERS With APO277of 2006 In WP3122of 2000 AIR INDIA LIMITED -VersusUNION OF INDIA AND OTHERS With APO278of 2006 In WP3121of 2000 AIR INDIA LIMITED -VersusUNION OF INDIA AND OTHERS For the Employer: Mr Mr Mr Mr Arijit Chaudhuri, Sr Adv., Arunava Ghosh, Adv., Biswaroop Bhattacharya, Adv., Rai Kumar Basu, Adv. For the Workmen: Mr Bikash Ranjan Bhattacharyya, Sr Adv., Mr Soumya Majumder, Adv. For the Union of India: Mr J.S. Dhatt, Adv. Hearing concluded on: March 02, 2016. BEFORE SANJIB BANERJEE, Judge Date: March 04, 2016. SANJIB BANERJEE, J.: The three appeals arising out of three petitions under Article 226 of the Constitution in identical circumstances produced divergent opinions in course of a common judgment of September 20, 2006. The concerned Division Bench passed the following order without penning the point of difference on which th...
Prahlad Bhattacharya Vs. The Cit, Kolkata – Xvi and Anr.
Court: Kolkata
Decided on: Mar-04-2016
FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE Present: Honble Justice Girish Chandra Gupta And Honble Justice Asha Arora G.A.NO.584 of 2005 ITA No.51 of 2005 PRAHLAD BHATTACHARYA Versus THE CIT, KOLKATA XVI & ANR. Advocate for the appellant: Mr.Ananda Sen, Adv.Mr.Biswajit Mal, Adv.Advocate for the State: Mr.Asha G. Gutgutia, Adv.Ms.Swati Keshwani, Adv.Hearing concluded on: January 8, 2016 Judgment delivered on: 04/03/2016. 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 a judgment and order passed by the Income Tax Appellate Tribunal, D Bench, Kolkata in ITA No.2541 (Cal) of 2003 dated 29th April, 2004 pertaining to the assessment year 1996-97. The following substantial questions of law arise for determination in the instant appeal:- I) Whether on a true and proper interpretation of Section 68 of the Act the Learned Tribunal was correct in 1aw ...
Prem Chand Shaw (Jaiswal) Vs. Assistant Commissioner, Circle 38, Kolka ...
Court: Kolkata
Decided on: Mar-04-2016
FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE Present: Honble Justice Girish Chandra Gupta And Honble Justice Asha Arora GA No.2488 of 2006 ITA No.297 of 2006 PREM CHAND SHAW (JAISWAL) Versus ASSISTANT COMMISSIONER, CIRCLE- 38, KOLKATA & ANR. Advocate for the Appellant: Mr.Ananda Sen, Adv.Advocate for the Respondent: Mr.M.P. Agarwal Adv., Mr.Ranjan Sinha Adv.Hearing concluded on: February 10, 2016 Judgment delivered on: 04/03/2016. 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 an order of the Income Tax Appellate Tribunal, C - Bench, Kolkata dated 7th July, 2005 in ITA Nos.1421, 1422 and 1423 (Kolkata) of 2004 for the assessment years 1990-91, 1991-92 and 1992-93. By the order dated 18th December, 2006 a Division Bench of this Court admitted this appeal on the following substantial questions of law:I) Whether on the facts and in the circu...
Concast Steel and Power Limited Vs. Ramesh Gudla
Court: Kolkata
Decided on: Mar-03-2016
ORDER GA No.2294 of 2014 CS No.261 of 2014 IN THE HIGH COURT AT CLACUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CONCAST STEEL & POWER LIMITED VERSUS RAMESH GUDLA BEFORE: The Honble JUSTICE HARISH TANDON Date : 3rd March, 2016 Appearance: Ms.Noelle Banerjee, Adv.Mr.Dipak Dey, Advocate. Ms.Rimpa Rajpal, Advocate..for the petitioner. The Court:- In a suit for recovery of money to the tune of Rs.53,63,443/- on account of goods sold and delivered, the present application has been taken out by the plaintiff for judgment on admission to the tune of Rs.46,75,000/-. It is pleaded that the transaction between the parties took place in the year 2012 when different purchase orders were placed by the defendant upon the plaintiff orders and for supply raised of goods. invoices from The time plaintiff to time. executed The those plaintiff restricted its claim to eight of such purchase ordeRs.particulars whereof have been jotted down in Annexure-A to the application. It is contended by the...
Saroj Kanti Banerjee Vs. State W.B.
Court: Kolkata
Decided on: Mar-03-2016
ORDER SHEET WP No.1356 of 2005 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SAROJ KANTI BANERJEE Versus STATE W.B.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 3rd March, 2016. Appearance: Mr.Anant Kumar Shaw, Adv.Mr.Hirak Kumar Basu, Adv.Mr.Samrat Dey Paul, Adv.Mr.Anirban Basak, Adv.For the petitioner. Mr.Tushar Sinha Maahapatra, Adv.For the respondent No.2. Mr.Sirsanya Bandopadhyay, Adv.For the respondent no.1. The Court :- Mr.Shaw, learned Advocate appears on behalf of the petitioner and submits by drawing attention to page 23 of the writ petition that by order dated 22nd December, 1980 three special increments at the rate of Rs.25/- in the then existing scale were granted to the petitioner. The petitioner carried on in service and retired on 30th January, 2004. He then applied for his retiral benefits. A calculation sheet was handed up and copy served from which it appears a sum of Rs.1,41,028 was sought to be deducted from the amounts payable on ...
Khoja Sunnat Jamat and Anr. Vs. Board of Waqf, West Bengal and Ors.
Court: Kolkata
Decided on: Mar-02-2016
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present : The Honble Justice Dipankar Datta W.P. 1330 of 2015 Khoja Sunnat Jamat & anr. vs. Board of Waqf, West Bengal & ors. For the petitioners : Mr. Kishore Datta, Sr. Advocate, Mr. S. M. Akhtar, Advocate, Ms. Pubali Sinha Chowdhury, Advocate. For the respondent Nos. 1 - 3 : Mr. Joydip Kar, Sr. Advocate, Md. Ghalib, Advocate. For the respondent No.4 : Mr. Alok Kr. Ghosh, Advocate, Mr. Fazlul Haque, Advocate, Md. Asadullah, Advocate. For the respondent No.5 : Mr. Farukh J.Razzack, Sr. Advocate, Mr. Billwadal Bhattacharyya, Advocate, Mr. Sayak Chakraborti, Advocate. Heard on: December 9 & 16, 2015 Judgment on : March 2, 2016 1. This writ petition, presented before this Court on 24th November, 2015, is at the instance of a trust registered under the Bombay Public Trust Act, 1950, and one of its several managing trustees.2. The case run by the petitioners in the writ petition is that by virtue of a registered d...
Donald Macarthy Pte Ltd. Vs. The Board of Trustees for the Port of Kol ...
Court: Kolkata
Decided on: Mar-02-2016
WP No.1047 of 2006 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DONALD MACARTHY PTE LTD.Versus THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA. BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 2nd March, 2016. For Petitioner : Mr.Samit Talukdar, Sr.Advocate Mr.A.K.Dey, Advocate For KoPT : Mr.Tilak Bose, Sr.Advocate Mr.Shiv Shankar Banerjee, Mr.Arik Banerjee and Mr.B.Chakraborty, Advocates For Customs : Mr.R.Bharadwaj, Advocate The Court : The challenge in this writ petition is directed against an order signed by the Trustees of the Kolkata Port Trust on 16th December, 2005 by which they found no waiver of demurrage charges as payable by the petitioner and the CustoMs.could be granted. Mr.Talukdar, learned Senior Advocate appearing on behalf of the petitioner submitted that a document being part of guidelines for waiver of 2 demurrage charges of import cargo was relied upon by the Board to reject the claim of the petitioner for waiver when such document was...
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