Kolkata Court February 2017 Judgments
Shree Guru Agrotech Pvt. Ltd Vs. Income Tax, Ward 5(1) and Ors.
Court: Kolkata
Decided on: Feb-17-2017
ORDER SHEET WP No.399 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHREE GURU AGROTECH PVT.LTD Versus INCOME TAX, WARD51) & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 17th February, 2017. Mr.Mr.Mr.Mr.Ananda Sen, Dipak Dey, Dipanjan Dey, Sabyasachi Mondal, Adversus for the petitioner MRS.Smita Das De, Adv.for the respondents The Court : The petitioner assails a decision dated December 18, 2012 passed under Section 127(2)(a) of the Income-tax Act, 1961 transferring the jurisdiction from Kolkata to Deoghar, Jharkhand. Learned advocate for the petitioner refers to the two showcause notices issued by the Authorities under Section 127 of the Act of 1961 and submits that none of those two notices give any reason for the transfer. He fairly refers to a subsequent notice dated December 6, 2012 of the department, and submits that, although the department for the fiRs.time informs the petitioner that there is a survey conducted the survey report ...
Tag this Judgment!Atul Narsibhai Patel Vs. Assistant Controller of Patents and Designs a ...
Court: Kolkata
Decided on: Feb-16-2017
AID No.4 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE ATUL NARSIBHAI PATEL VERSUS ASSISTANT CONTROLLER OF PATENTS AND DESIGNS & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :16. h February, 2017. Appearance: Mr. Suvasish Sengupta, Adv. Ms. Sanchalita Sarkar, Adv. Mr. Rabi Prosad Mookerjee, Adv. The Court: The instant appeal is arising out of an order dated 12th March, 2013 passed by the Learned Assistant Controller of Patent and Design whereby the registration of the Design being no.211639 in class 09-07 under the Designs allowed the Act, 2000 was application for cancelled. The Assistant Controller cancellation of all the impugned design on a finding being arrived at that the registered design no.211639 dated 7th August, 2007 is not significantly distinguishable from designs and thereby not new or original. combination of known In other words, the cancellation was allowed in view of Section 4 (C) of the Designs Act, 2000. The subject matter of dispute before the Assistant Co...
Tag this Judgment!Saraf Home Appliances Private Limited Vs. Jet Settlers Limited
Court: Kolkata
Decided on: Feb-16-2017
In The High Court at Calcutta Ordinary Original Civil Jurisdiction Original Side GA210of 2017 CS45of 2015 Saraf Home Appliances Private Limited -Vs.Jet Settlers Limited Before : The Honble Justice Arijit Banerjee For the Plaintiff : Mr.R.Ghosh, Adv.Mr.C.Gupta, Adv.For the Defendant : Mr.S.P. Mazumder, Sr.Adv.Mr.B.Mitra, Adv.Ms.S.Mitra, Adv.Heard On : 11.01.2017, 17.01.2017 Judgment On : 16.02.2017 Arijit Banerjee, J.:(1) The defendant has taken out this application for recalling of a decree dated 14 August, 2015 which was passed when the suit appeared under the heading undefended suit. The defendant contends that there was sufficient cause for the defendant not to appear on the date when the decree was passed and hence, the decree should be recalled and the defendant should be given an opportunity to contest the suit. (2) The undisputed facts of the case are that the suit was filed on or about 24 February, 2015. In the suit the plaintiff claimed a money decree for Rs.1,01,57,095.87 alo...
Tag this Judgment!Bengal Homeopathic Manufacturers’ Association and Anr. Vs. State of ...
Court: Kolkata
Decided on: Feb-16-2017
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side W.P.No.1798 of 2006 Bengal Homeopathic Manufacturers Association & Anr. versus State of West Bengal & ORS.With W.P.No.1544 of 2008 Bengal Homeopathic Manufacturers Association & Anr. versus State of West Bengal & ORS.For the Petitioners : Mr.Saktinath Mukherjee, Sr.Advocate Mr.Joydip Kar, Sr.Advocate Mr.Siddharth Ghosh, Advocate For the Respondents : Mr.Mr.Mr.Mr.Mr.Hearing concluded on Judgment on : November 24, 2016 : February 16, 2017 Abhratosh Majumder, Ld. G.P.Kishore Datta, Sr.Advocate Soumitra Mukherjee, Advocate Prithu Dudhuria, Advocate Amitava Mitra, Advocate DEBANGSU BASAK, J.:- Two writ petitions have been taken up for hearing analogously as they are between the same parties. The fiRs.petitioner is an Association of Homeopathic ManufactureRs.The petitioners have contended that they are not liable to obtain licence in Form 28-B of the Bengal Excise Rules. According to the petitioneRs.the manufacturin...
Tag this Judgment!National Projects Construction Corporation Limited and Anr. Vs. West B ...
Court: Kolkata
Decided on: Feb-16-2017
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side G.A.No.304 of 2017 W.P.No.294 of 2016 National Projects Construction Corporation Limited & Anr. versus West Bengal State Micro Small Enterprises Facilitation Council & ORS.For the Petitioners : Mr.Reetobroto Mitra, Advocate Mr.A.K.Acharyya, Advocate Mr.J.Sengupta, Advocate For the Respondent No.1 : Mr.Samrat Sen, Sr.Advocate For the Respondent No.3 : Mr.Debdut Mukherjee, Advocate Ms.Saswati Chatterjee, Advocate Hearing concluded on Judgment on : February 03, 2017 : February 16, 2017 DEBANGSU BASAK, J.:- The petitioner questions the jurisdiction of the West Bengal State Micro Small Enterprises Facilitation Council in purporting to arbitrate in the disputes between the fiRs.petitioner and the third respondent. Learned Advocate for the petitioners submits that, the claim of the third respondent arises out of a transaction of August 1995. The third respondent was paid off by the fiRs.petitioner. The third responde...
Tag this Judgment!Principal Commissioner of Income Tax2, Kolkata Vs. M/S. National Insur ...
Court: Kolkata
Decided on: Feb-15-2017
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE GA3331of 2016 With ITAT406OF2016PRINCIPAL COMMISSIONER OF INCOME TAX-2, KOLKATA Versus M/S.NATIONAL INSURANCE COMPANY LIMITED BEFORE: THE HONBLE JUSTICE ANIRUDDHA BOSE THE HONBLE JUSTICE ARINDAM SINHA Date : 15th February, 2017. For Appellant/Petitioner : Md.Nizamuddin,Advocate For Respondent/Assessee: Mr.N.K.Poddar, Senior Advocate, Mr.D.Mitra, Advocate ANIRUDDHA BOSE, J.:The appellant before us are the Revenue and in this appeal they assail a decision of the Income Tax Appellate Tribunal, Kolkata delivered on 3rd February, 2016 in ITA No.675/Kol/2012. In the decision impugned, the Tribunal held that a sum of Rs.534.08/crores, being profit on sale of investments of the assessee for the assessment year 2006-2007 is not taxable. The other point on which the decision of the Tribunal has been delivered pertain to disallowance of a sum of Rs.1,00,69,998/-, which sum was disclosed by the assessee for b...
Tag this Judgment!M/S. Debendra Bijoy Ghosh Vs. Union of India
Court: Kolkata
Decided on: Feb-14-2017
OD-1 GA No.397 of 2017 APO No.348 of 2016 AP No.138 of 2011 GA No.3754 of 2016 GA No.3770 of 2016 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.DEBENDRA BIJOY GHOSH Versus UNION OF INDIA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : 14th February, 2017. Appearance: Mr.Dhruba Ghosh, Sr.Adv.Mr.Arijit Basu, Adv.Mr.Prasanta Banerjee, Adv..for the petitioner Mr.Rajendra Chaturvedi, Adv..for the respondent The Court : Sufficient grounds have been made out as to why the appellant was not represented on January 5, 2017, when the appeal and the connected application under Section 5 of the Limitation Act, 1963 were dismissed for default. The order dated January 5, 2017 is recalled and GA No.3754 of 2016 and APO No.348 of 2016 are restored to the file. The restoration application, GA No.397 of 2017, is allowed as above, but without any order as to costs. In view of the good grounds shown in the application under Sect...
Tag this Judgment!M/S Terai Tea Company Limited Vs. Sumita Bhowmick and Ors.
Court: Kolkata
Decided on: Feb-14-2017
ORDER SHEET CS240of 1990 With GA126of 2017 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S TERAI TEA COMPANY LIMITED Versus SUMITA BHOWMICK & ORS.BEFORE: The Hon'ble JUSTICE SHIVAKANT PRASAD Date : 14th February, 2017. Appearance: Mr.Pradip Kr. Dutta, Sr.Adv.Mr.Sagar Bandyopadhyay, Adv.Mr.Arif Ali, Adv.Mr.S.Dewanji, Adv.Mr.D.Deb, Adv.For the plaintiff/respondent Mr.Rudraman Bhattacharyya, Adv.Mr.Biman Sarkar, Adv.Mr.Manabendra Thakur, Adv.Mr.Siddharth Chakravorty, Adv.For the defendant Nos.1B, 1C and 1D The Court : The petitioners being the defendant Nos.1B, 1C and 1D have prayed for impounding the agreement for sale dated 15th January, 1990 marked X for identification and kept on record during trial. The background leading to the application is that the defendant No.1 late Dhirendranath Bhowmik and defendant No.2 had executed the said agreement for sale in favour of the plaintiff/company in respect of the property in question being Dharanipur Tea E...
Tag this Judgment!Commissioner of Income Tax, Kolkata2 Vs. M/S. G K K Capital Markets (P ...
Court: Kolkata
Decided on: Feb-10-2017
G.A no.1150 of 2015 ITAT no.52 of 2015 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE Commissioner of Income Tax, Kolkata-2 Versus M/S.G K K Capital Markets (P) Limited BEFORE: The Honble JUSTICE ANIRUDDHA BOSE The Hon'ble JUSTICE ARINDAM SINHA Date:10th February, 2017. Ms.Gutgutia, Adv..for the Revenue. Mr.Khaitan learned Sr.Adv..for the Assessee. Arindam Sinha, J.The Revenue seeks to prefer appeal against order dated 14th October, 2014 passed by the Income Tax Appellate Tribunal B Bench, Kolkata in ITA no.805/KOL/2012 pertaining to the assessment year 2008-09. Ms.Gutgutia learned advocate appeared on behalf of the Revenue and submitted that in the computation of total income the assessee had claimed income. Rs.25,68,04,353/Applying disallowance under Rule as 8D Section long the 14A term capital Assessing the Income gain Officer Tax Act, Tribunal had erred in law in deleting this disallowance. being exempt had computed 1961 but the She handed up a calcul...
Tag this Judgment!Great Eastern Hotel Authority Vs. Smt. Soma Kar and Ors.
Court: Kolkata
Decided on: Feb-10-2017
ORDER SHEET GA3672017; APOT352017; GA3682017; WP8122003 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GREAT EASTERN HOTEL AUTHORITY Versus SMT. SOMA KAR & ORS.BEFORE: The Hon'ble JUSTICE RAKESH TIWARI The Hon'ble JUSTICE MIR DARA SHEKO Date : 10th February, 2017. Mr.B.N.Ray, Adv.appears with Ms.T.Sinha, Adv., for appellant. The Court : This appeal is delayed by 117 days. G.A.No.367 of 2017 is an application for condonation of the delay in filing the appeal. The reasons given in the application in support of condonation of the delay, as put forth by the appellant, are that the appellant is a Government body and that G.A.No.1681 of 2016 and G.A.No.1682 of 2016 were filed for review and/or recalling of the order of the learned Single Judge, dated June 9, 2009, which were only dismissed by the learned Single Judge only on June 21, 2016, inter alia, by passing the following order: Even otherwise, entertain such application. the said I am a not willing belatedly to...
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