Kolkata Court June 2016 Judgments
The Board of Trustees, for the Port of Calcutta and Ors. Vs. India Tri ...
Court: Kolkata
Decided on: Jun-30-2016
In The High Court At Calcutta Civil Appellate Jurisdiction In Appeal From Its Constitutional Writ Jurisdiction Original Side APO36of 2016 GA3796of 2014 With OCOT10of 2014 WP1936of 1995 The Board of Trustees, For the Port of Calcutta & ORS.-Vs.India Trident Maritime (Pvt.) LTD.& ORS.Before Chellur : The Honble The Chief Justice Dr. Manjula & The Honble Justice Arijit Banerjee For the Appellant : Mr.S.K. Roychowdhury, Sr.Adv.Ms.Kum Kum Das (Dutt).Adv.For the Respondent : Mr.Pradip Kumar Ghose, Sr.Adv.Mr.S.K. Das, Adv.Mr.S.Dasgupta, Adv.Mr.T.K. Sen, Adv.Heard On : 18.03.2016 & 22.03.2016 CAV On : 22.03.2016 Judgment On : 30.06.2016 Arijit Banerjee, J.: (1) This appeal is directed against the judgment and order dated 25 June, 2014 passed by the Learned FiRs.Court, whereby WP No.1936 of 1995 was disposed of. The question that arises for determination is as to what extent the Kolkata Port Trust (in short KPT) is entitled to recover demurrage charges from the respondent No.1/writ petitioner i...
Tag this Judgment!Commissioner of Income Tax, Kolkataiv Vs. Hindustan Gum and Chemicals ...
Court: Kolkata
Decided on: Jun-30-2016
ITA666of 2008 WITH GA No.3269 of 2014 ITAT159of 2014 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-IV Versus HINDUSTAN GUM AND CHEMICALS LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 30th June, 2016. For the assessee : Mr.R.N.Bajoria,Sr.Advocate Mr.Akhilesh Gupta,Advocate Mr.Sanjay Bhowmik,Advocate For the revenue : Mr.P.Dudhoria,Advocate in ITA No.666 of 2008 & MRS.A.G.Gutgutia,Advocate in GA No.3269 of 2014 The Court : - The subject matter of challenge in the appeal is a judgment and order dated 28th December, 2007 passed by the Income Tax Appellate Tribunal, E Bench, Kolkata in ITA No.150 (Kol) of 2007 and ITA No.277 (Kol) of 2007) both pertaining to the assessment year 2003-04. The former appeal was an appeal by the assessee and the latter appeal was an appeal by the revenue. By the impugned order, the appeal preferred by the assessee was allowed and the appeal preferred...
Tag this Judgment!Commissioner of Incometax, Centraliii, Kolkata Vs. M/S. Saraf Agencies ...
Court: Kolkata
Decided on: Jun-29-2016
ORDER SHEET ITA NO.331 OF2009IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION(INCOME-TAX) ORIGINAL SIDE COMMISSIONER OF INCOME-TAX, CENTRAL-III, KOLKATA Versus M/S.SARAF AGENCIES LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 29th June, 2016. MRS.A.QURESHI, ADVOCATE FOR APPELLANT MR.ABHRATOSH MAJUMDAR, MR.AVRA MAZUMDER, ADVOCATES FOR RESPONDENT/ASSESSEE The Court : The subject matter of challenge in the appeal is a judgment and order dated 13th February, 2009 passed by the learned Income Tax Appellate Tribunal C Bench, Kolkata in I.T.(S.S.)A. No.85/Kol/2008 pertaining to the block period commencing from 1st April, 1996 to 5th July, 2002, by which the learned Tribunal dismissed an appeal preferred by the revenue. Aggrieved revenue has come up in appeal. The following question of law was formulated on 17th December, 2009 when the appeal was admitted:- Whether on the facts and circumstances of the case the Income Tax Appellate Tribunal is jus...
Tag this Judgment!Anil Kumar Patodia and Anr. Vs. Sunil Kumar Patodia and Ors.
Court: Kolkata
Decided on: Jun-28-2016
ORDER SHEET GA1875of 2016 CS338of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ANIL KUMAR PATODIA & ANR. Versus SUNIL KUMAR PATODIA & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 28th June, 2016. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Mr.Kamal Kumar Sharma, Adv.Ms.Rajshree Kajaria, Adv.Mr.Jishnu Chowdhury, Adv.Mr.Sarvopriyo Mukherjee, Adv.Mr.Soumabho Ghosh, Adv.for the plaintiffs. Mr.S.N.Mookherjee, Sr.Adv.for the defendant nos.9 & 40. Mr.Ratnanko Banerjee, Sr.Adv.Mr.Debanjan Mukherjee, Adv.for the defendant nos.5, 41, 36, 37, 46 & 56. Mr.Surajit Nath Mitra, Sr.Adv.Mr.R.L.Mitra, Adv.Mr.N.Dasgupta, Adv.Ms.Priyanka Dhar, Adv.for the defendant Nos.1 to 4. Ms.Lapita Banerjee, Adv.Mr.Saptarshi Banerjee, Adv.for the defendant Nos.12 & 15. The Court : The parties have been litigating since long in different Courts for preservation, protection of their respective shares and the properties held jointly. filed in the Alipore Court in respect of som...
Tag this Judgment!Manjari Rungta and Anr. Vs. Commissioner of Central Excise,
Court: Kolkata
Decided on: Jun-27-2016
OD-2 WP No.392 of 2016 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MANJARI RUNGTA & ANR. Versus COMMISSIONER OF CENTRAL EXCISE, KOL-II COMMISSIONERATE & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 27th June, 2016. Appearance: Mr.J.P. Khaitan, Sr.Adv.Mr.Agnibesh Sengupta, Adv.Mr.Partha Banerjee, Adv.for the petitioners Mr.S.B. Saraf, Adv.Mr.K.K. Maiti, Adv.for the respondents The Court : The petition questions the propriety of an order of December 22, 2015 by which the petitioners have been held to be manufacturers within the meaning of Section 2(f) of the Central Excise Act, 1944 and found to have evaded excise duty in excess of Rs.11 crore and, as such, liable to a substantial penalty. Despite there being an appellate remedy under Section 35B of the Act, the petitioners claim that the appeal would not be efficacious in view of the statutory pre-deposit that is required to be made and that, in any event, the challenge is primarily on the gro...
Tag this Judgment!Hindustan Unilever Limited Vs. Three Leaves India Pvt. Ltd.
Court: Kolkata
Decided on: Jun-27-2016
GA No.1397 of 2016 CS NO.130 OF2016IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side HINDUSTAN UNILEVER LIMITED -VERSUSTHREE LEAVES INDIA PVT.LTD.BEFORE: THE HONBLE JUSTICE HARISH TANDON DATE:27th June, 2016. Appearance: Mr.Sudipta Sarkar,Sr.Adv.Mr.Sidhartha Mitra, Sr.Adv.Mr.Ratnanko Banerjee, Sr.Adv.Ms.Moushumi Bhattacharyya, Adv.Mr.A.Deb, Adv..for the petitioner. Mr.Ranjan Bachawat, Sr.Adv.Mr.Debnath Ghosh, Adv.Mr.Prithwiraj Sinha, Adv..for the respondent. THE COURT :- A piquant situation has arisen at the time of extending ad interim order passed on 12th May, 2016 by which the respondent was restrained from selling and/or offering for sale or marketing tea in the packet the labels of which containing Nowalty being similar to or a colourable imitation of the petitioners logo or product Lipton or from passing off or committing to pass off causing or enabling or assigning to others pass off the products, not of the petitioners manufacture and the products...
Tag this Judgment!North Eastern Coalfields Limited and Anr. Vs. Somal Pipes Private Limi ...
Court: Kolkata
Decided on: Jun-27-2016
IN THE HIGH COURT AT CALCUTTA IN APPEAL FROM AN ORDER PASSED IN ITS CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE PRESENT: The Honble Mr.Justice Soumitra Pal The Honble Mr.Justice Mir Dara Sheko G.A.No.347 of 2016 APOT No.35 of 2016 W.P.No.2068 of 2005 G.A.No.3814 of 2015 G.A.No.2093 of 2008 North Eastern Coalfields Limited & Anr. versus Somal Pipes Private Limited & ORS.For the Appellant : Mr.Kalimuddin Mondal, Advocate, Mr.Nikhil Roy, Advocate, Mr.S.M.Obaidullah, Advocate. For the Respondents : Mr.Kalyan Kumar Bandyopadhyay, Senior Advocate, Mr.M.Hossain, Advocate, Ms.Titash Mukherjee, Advocate, Ms.Suruchi Khuntela, Advocate. Heard on : 27.4.16,29.4.16,06.5.16,16.5.16,17.5.16 and 18.5.16. Judgment on : 27th June, 2016. Soumitra Pal, J.:This appeal has been preferred by North Eastern Coalfields Limited (for short NECFL)and its General Manager (S & M).the appellant No.1 and 2 respectively, against the order dated 6th January, 2016 passed in G.A.No.2093 of 2008 and in G.A.No.3815 of 20...
Tag this Judgment!Hightension Switchgears Private Limited Vs. Commissioner of Income Tax ...
Court: Kolkata
Decided on: Jun-24-2016
GA2502of 2010 ITA8of 2011 ITAT186of 2010 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE HIGHTENSION SWITCHGEARS PRIVATE LIMITED VERSUS COMMISSIONER OF INCOME TAX, KOLKATA-II BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA AND The Hon'ble JUSTICE TAPASH MOOKHERJEE Date: 24th June, 2016. For the appellant : Mr.J.P.Khaitan,Sr.Advocate Mr.Siddharth Das,Advocate Mr.C.S.Das,Advocate For the revenue : Mr.S.N.Dutta,Advocate Mr.P.Dudhoria,Advocate The Court : - The appeal is directed against a judgment and order dated 19th March, 2010 passed by the Income Tax Appellate Tribunal C Bench, Kolkata in ITA No.2053/Kol/2009 pertaining to the assessment year 2006-07. The assessee has come up in appeal. The assessee is aggrieved by the following finding of the learned Tribunal : We are of the considered view that the assessee was liable to deduct TDS as per Section 194C of the Act in respect of freight charges paid; and since the assessee had failed to deduct TDS in resp...
Tag this Judgment!… Appellants Vs. The High Court Employees’ Welfare Association and ...
Court: Kolkata
Decided on: Jun-23-2016
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE PRESENT: The Honble Justice Nishita Mhatre And The Honble Justice Tapash Mookherjee A.P.O. 185 of 2011 W.P. 1630 of 2010 State of West Bengal & Others Appellants vs. The High Court Employees Welfare Association & Others Respondents With G.A. 3594 of 2015 APOT544of 2015 C.C. No.28 of 2012 Hari Krishna Dwivedi, Principal Secretary, Department of Finance, Government of West Bengal vs. The High Court Employees Welfare Association & Another For the State/Appellants: Mr. Jayanta Kumar Mitra, Ld. A.G. Mr. Lakshmi Kumar Gupta, Ld. Addl. A.G. Mr. Joytosh Majumdar Mr. Pinaki Dhole Mr. Arindam Mondal For the High Court Employees Welfare Associateion/Respondent : Mr. Partha Sarathi Sengupta Mr. Soumya Majumdar Mr. Victor Chatterjee For the Honble High Court : Mr. Siddhartha Banerjee Heard on :29. 02.2016, 01.03.2016, 29.03.2016 and 30.03.2016 Judgment on :23. 06.2016 Nishita Mhatre, J.:1. The employees of the High Court at ...
Tag this Judgment!New Kenilworth Hotel Pvt. Ltd. Vs. Commissioner of Income Tax, Koliii, ...
Court: Kolkata
Decided on: Jun-23-2016
ORDER SHEET ITA NO.20 OF2009IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION(INCOME-TAX) ORIGINAL SIDE NEW KENILWORTH HOTEL PVT.LTD.Versus COMMISSIONER OF INCOME TAX, KOL-III,KOL. BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 23rd June, 2016. MR.J.P.KHAITAN,SR.ADVOCATE, MR.SANJOY BHOWMIK,ADVOCATE FOR APPELLANT MR.R.N.BANDYOPADHYAY, MS.SOMA CHATTERJEE,ADVOCATE FOR RESPONDENT The Court : The appeal is directed against a judgment and order dated 12th September, 2008 passed by the learned Income Tax Appellate Tribunal A Bench, Kolkata in ITA No.1083/Kol/2007, ITA No.1062/Kol/2007 and CO No.38/kol/2007 all pertaining to the assessment year 2003-04. ITA No.1083 was an appeal preferred by the assessee whereas ITA No.1062 was an appeal preferred by the revenue and CO No.38 was a cross objection preferred by the assessee apropos the appeal preferred by the revenue. The learned Tribunal allowed the appeal of the revenue and dismissed the cross objection...
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