Orissa Court March 1995 Judgments
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Shyama Naik Vs. State of Orissa
Court: Orissa
Decided on: Mar-10-1995
Reported in: 1995CriLJ3204
A. Pasayat, J.1. The appellant (hereinafter referred to as the 'accused') calls in question legality of his conviction for offence punishable under Section 307 of the Indian Penal Code, 1860 (in short 'IPC'), and sentence of rigorous imprisonment for eight years and of fine for Rs. 200/-, in default to undergo rigorous imprisonment for one month more, as made and directed by the learned Assistant Session Judge, Bhubaneswar.2. A brief reference to the factual position as presented by the prosecution is necessary.On 2-6-1988, the accused, and three other persons (acquitted by the learned trial Judge) surrounded Braja Naik (PW.6). The accused attacked the said Braja with a Knife on the right plank of his body resulting in serious injuries. He was removed to Capital Hospital for treatment. Sankar Naik, father of Braja Naik, who examined as P.W. 1, was also attacked by the accused by knife when he tried to protect Braja, and he sustained injury on his right side Chest. Both Braja and Sankar...
Commissioner of Income-tax Vs. Puri Marine Products.
Court: Orissa
Decided on: Mar-07-1995
Reported in: (1995)127CTR(Ori)345; [1995]215ITR576(Orissa)
SUSHANTA CHATTERJI J. - At the instance of the Commissioner of Income-tax, Orissa, moving an application under section 256(1) of the Income-tax Act, 1961, the following question has been referred to :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessment for the assessment year 1979-80 made under section 143(3) read with section 144B of the Income-tax Act, 1961, was barred by limitation and cancelling it ?'The matter arises out of the income-tax assessment of the assessee for the assessment year 1979-80 for which the previous year ended on December 31, 1978. A draft order of assessment under section 144B(1) of the Income-tax Act, 1961, was made on March 16, 1982. It was despatched, vide letter dated April 8, 1982. It was received by the assessee on April 19, 1982. Directions under section 144B(4) were received by the Income-tax Officer on August 21, 1982. The final order of assessment was made in September, 1982. The exact...
Commissioner of Income-tax Vs. R. N. MishrA.
Court: Orissa
Decided on: Mar-07-1995
Reported in: (1995)129CTR(Ori)455; [1995]215ITR694(Orissa)
This is a reference at the instance of the Commissioner in Income-tax, Orissa, raising the following question :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in directing the Income-tax Officer to allow the claim of the assessee to bring forward the unabsorbed depreciation determined in the earlier years and set off against the income of the year under consideration although such unabsorbed depreciation was apportioned in the past among the partners and was allowed to be adjusted against their other incomes in terms of section 32(2) of the Income-tax Act, 1961 ?'The facts reveal, inter alia, that the assessee is a registered firm. The assessment year is 1979-80. In the immediately preceding assessment year, unabsorbed depreciation was apportioned amongst the partners of the assessee-firm and was allowed to be adjusted against their other incomes in terms of section 32(2) of the Income-tax Act, 1961. In the assessment year under consideration, th...
Commissioner of Income-tax Vs. Electro Steelcastings Ltd.
Court: Orissa
Decided on: Mar-07-1995
Reported in: (1995)127CTR(Ori)347; [1995]215ITR541(Orissa); [1995]83TAXMAN131(Orissa)
ORDER UNDER S. 144B--Limitation.Ratio & Held :Though direction to forward draft order under s. 144B for asst. yr. 1979-80 was made on 16-3-1982, yet it was actually despatched on 8-4-1982, as such assessment made in September 1982 was barred by limitation as a direction to send or despatch, without the act being actually carried on cannot constitute forwarding. Case Law AnalysisCIT v. Om Agencies (1994) 207 ITR 794 (Ori) followed. ApplicationNot to current assessment years.A. Y.1979-80Dt. Judg.7-7-1995Income Tax Act 1961 s.144BIncome Tax Act 1961 s.153(1)Income Tax Act 1961 s.153(3)Capital or revenue expenditure--TECHNICAL KNOW-HOW FEES--Lump sum payment.Ratio & Held :Tribunal was justified in holding that a lump sum payment for obtaining technical know-how regarding production of grinding media and other associated parts as well as vertical shaft mills, rings and rollers can be treated as revenue expenditure to be allowed as deduction. Application :Also to current assessment years. Ca...
State Vs. Bharat Chandra Roul
Court: Orissa
Decided on: Mar-06-1995
Reported in: 1995CriLJ2417
ORDERA. Pasayat, J.1. Alleging commission of criminal misconduct as set out in Section 13 of Prevention of Corruption Act, 1988 (in short, the 'Act'), prosecution has sought for action against Shri Bharat Chandra Roul, (hereinafter: referred to as the 'accused'), a public servant. It is alleged that he is guilty of offence punishable under Section 13(2) of the Act read with Section 8(3), of the Orissa Special Courts Act, 1990 (in short, the 'Special Act').2. Section 13, deals with various situations when a public servant can be said to have committed criminal misconduct. Clause (c) of Sub-section (1) of the section is pressed into service against the accused. The same is applicable when the public servant or any person on his behalf, is in possession or has, at any stime during the period of his office, been in possession for which the public servant cannot satisfactorily account of pecuniary resources or property disproportionate to his known sources of income. Clause (e) of Sub-secti...
Commissioner of Income-tax Vs. Kalinga Tubes Ltd.
Court: Orissa
Decided on: Mar-03-1995
Reported in: [1995]215ITR333(Orissa)
ORDER OF TRIBUNAL--Validity.Ratio :The order of the Tribunal offering remand of case by Commissioner(Appeals) was neither vitiated in law by reason of it having ignored the relevant and admissible evidence nor it was based on wrong appreciation of facts and evidence, hence legally acceptable. Facts :The assessing officer inter alia, added Rs. 36,216 on account of sale of rejected black pipes, Rs. 1,90,410 in respect of sale of G. I. pipes and Rs. 1,18,570 representing fictitious purchases from certain parties. The Commissioner (Appeals) deleted the additions. The matter was remanded by the Commissioner (Appeals) and this was affirmed by the Tribunal. Held :The orders are neither contrary to nor inconsistent with the provisions of law or materials on record. Application :Also to current assessment years.A. Y. :1963-64Income Tax Act 1961 s.254 ...
Commissioner of Income-tax Vs. Satyanarayan Gupta (Huf).
Court: Orissa
Decided on: Mar-03-1995
Reported in: [1995]215ITR421(Orissa)
The present reference is at the instance of the Commissioner of Income-tax, Orissa, raising the following question :'Whether, on the facts and in the circumstances of the case, income received by the assessee by way of interest under section 244 of the Income-tax Act, 1961, on refund determined and quantified under section 240 of the said Act was not assessable in the year of receipt ?'The facts indicate, inter alia, that the assessee is a Hindu undivided family. The assessment year involved was 1982-83 and the accounting year ended on October 27, 1981. The assessee, on April 22, 1981, received income-tax refund and also interest thereon under section 244 of the Income-tax Act. The assessee pleaded before the Income-tax Officer that the interest received by it should have been spread over because it followed the mercantile system of accounting which the Income-tax Officer refused. On appeal, the Appellate Assistant Commissioner restored the matter to the file of the Income-tax Officer ...
Kalpana Trading Vs. N.C.L. Industries Ltd.
Court: Orissa
Decided on: Mar-02-1995
Reported in: AIR1995Ori287; [1996]85CompCas946(Orissa)
Pasayat, J. 1. This is an application for winding up of M/s. N.C.L. Industries Ltd. (hereinafter referred to as the 'company') in terms of Sections 434 and 439 of the Companies Act, 1956 (in short, the 'Act'), on the ground that it is unable to pay its debts. Petition has been styled as 'creditors' application' in order to invoke powers under Sections 434 and 439 of the Act. 2. Section 434 of the Act envisages the situations in which a company shall be deemed to be unable to pay its debts. Section 433 enumerates the circumstances in which a company would be wound up by the Court. One of the circumstances is if company is unable to pay its debts. In terms of Section 434 of the Act, a company shall be deemed to be unable to pay its debts if a creditor, by assignment or otherwise, to whom the company is indebted in a sum exceeding five hundred rupees then due, has served on the company, by causing it to be delivered at the registered office, by registered post or otherwise, a demand under...
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