Orissa Court May 1973 Judgments
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State of Orissa Vs. Kundanlal Juala Prasad
Court: Orissa
Decided on: May-02-1973
Reported in: [1974]34STC501(Orissa)
R.N. Misra, J. 1. The learned Member, Sales Tax Tribunal, Orissa, has referred under Section 24(1) of the Orissa Sales Tax Act (hereinafter referred to as the Act), the following two questions for determination of this court:(1) Whether, on the facts and in the circumstances of the case, the expression 'period' in Section 12(8) of the Orissa Sales Tax Act can be considered in a restricted manner meaning a 'quarter' or whether it means 'a relevant year for which the accounts are maintained' by the assessee?(2) Whether, on the facts and in the circumstances of the case, and in view of the suppression detected and established during the quarter ending 31st December, 1960, it is permissible to hold that there was an escapement of turnover during that quarter only and not during the other quarters covered by the relevant accounting year?2. The short facts relevant for our purpose are these: The assessee is a registered dealer carrying on business in rice, paddy, etc. He had been assessed in...
Kalinga Tubes Ltd. Vs. Commissioner of Income-tax, Central and anr.
Court: Orissa
Decided on: May-01-1973
Reported in: [1974]96ITR20(Orissa)
G.K. Misra, C.J.1. The petitioner is a public limited company having its registered office and factory at Chowdwar in the district of Cuttack.The petitioner used to manufacture and sell and is still manufacturing and selling G. I, pipes of different sizes. 2. The assessment year in question is from April 1, 1959, to March 31, 1960, and the accounting year is from April 1, 1958, to March 31, 1959. 3. Petitioner's case is that during the accounting year 1958-59 amounts equal to one month's salary were paid to the workmen of the company by way of loan. There were some agitations by the workmen who tried to put pressure upon the petitioner by adopting go-slow tactics in production. A dispute arose between the workmen and the management relating to payment of bonus for the accounting year 1957-58. The managing director of the petitioner thought it to be in the best interests of the petitioner's business to pay one month's wages as bonus for the year 1957-58, and issued an order that the sai...
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