Court : Kolkata
Reported in : [2001]249ITR438(Cal)
..... officer. accordingly, in our view, it cannot be said that the penalty proceeding is a distinct and separate proceeding from the appeal pending under section 260a of the act in this court. it is true while deciding this appeal on the substantial questions of law, formulated by us for decision, this court shall decide the same only ..... however, mr. mullick sought to argue that since a penalty proceeding was a distinct and separate proceeding and as in the appeal filed under section 260a of the act, questions relating to the assessment order can only be decided by thiscourt and furthermore the appeal shall be decided only on the questions formulated by it, there was ..... tribunal and also the scope and ambit of the high court to deal with such appeals and applications filed therein. by the introduction of section 260a of the act as indicated herein earlier, the high court has now been conferred with power to entertain a second appeal against every order passed in appeal by the appellate tribunal, .....
Tag this Judgment!Court : Kolkata
Reported in : [1979]116ITR440(Cal)
..... daulat ram v. som nath : [1968]68itr779(delhi) , the delhi high court had to consider this aspect of the matter in a proceeding instituted under the delhi rent control act, 1958, by certain landlords for ejectment of the petitioners in that case from certain premises. the petitioners had applied in 1966 for summoning the clerk of the ito to produce ..... was carrying on business in the premises. the ito claimed privilege in respect of the production of the documents under section 54 of the indian i.t. act, 1922, and the rent controller upheld the claim of privilege. on an application to the high court for revision it was held by mr. justice khanna, that though the application for ..... summoning the clerk of the ito was made in 1966, when the indian i.t. act, 1922, was repealed by the i.t. act, 1961, and in 1966 there was .....
Tag this Judgment!Court : Kolkata
Reported in : [1978]113ITR252(Cal)
..... deductions cannot exceed its gross total income under section 80a. such gross total income means, the total income computed in accordance with the provisions of the act before making any deductions under chapter via or deductions in respect of annuity deposit paid under section 280-0. in the instant case such gross total income ..... total income of the assessee.' '80b. definitions.--in this chapter--..... (5) 'gross total income' means the total income computed in accordance with the provisions of this act, before making any deduction under this chapter or under section 280-0.' '80m. deduction in respect of certain intercorporate dividends.--(1) where the gross total income of ..... deduction of 60% of the dividend of rs. 13,780 received from a domestic company should have been allowed under section 80m of the income-tax act before setting off the business loss from the gross income. the appellate assistant commissioner also rejected this contention.4. the assessee preferred a further appeal to .....
Tag this Judgment!Court : Kolkata
Reported in : [1994]205ITR126(Cal)
..... fact that the deposits were secured by creation of a charge on the current assets of the appellant and also furnished a copy of the consent of the controller of capital issues dated november 21, 1980, for creation of such charge. these documents were not considered by the commissioner while passing the order under section ..... certain assets. by the amendments made by the income-tax (amendment) act, 1946, the finance act, 1955, and the finance act, 1956, certain initial depreciation was allowed in respect of buildings newly erected or machinery and plant newly installed. obviously, it was by way of ..... chapter v, page 74. the normal depreciation provided in clause (vi) and the additional depreciation mentioned in clause (via) of section 10(2) of the 1922 act, are permitted to be deducted from the 'written down value'. by and large, the cost of replacements is allowed as deduction in lieu of depreciation in respect of .....
Tag this Judgment!Court : Kolkata
Reported in : [1981]132ITR822(Cal)
..... 1967]64itr177(kar) ).11. learned advocate for the revenue also drew our attention to the notes on clauses on the introduction of the c. (p.) s. t. act, 1964, which stated that the second schedule contained the rules for the computation of the capital of the company for the purpose of determining the amount of 'statutory deduction ..... for making the calculations as contemplated under chap. vi-a. this expression 'gross total income' in section 80b appearing in chap. vi-a of the act cannot mean the total income before making deductions in accordance with the provisions of that chapter. the relevant provisions with which we are concerned are sections 80-i ..... contemplated under section 80b appearing in chap. vi-a which stipulates that 'gross total income' means the total income computed in accordance with the provisions of this act before making any deduction under this chapter or under section 280-0. this expression 'gross total income', in our opinion, in that chapter, in contradistinction to .....
Tag this Judgment!Court : Kolkata
Reported in : (2005)198CTR(Cal)122,[2005]278ITR218(Cal)
..... reason. section 201(1a) does not impose any restriction unlike penalty. therefore, the tribunal was not justified in cancelling the interest levied under section 201(1a) of the act.5.10 therefore, we are of the view that the interest payable under section 201(1a) is mandatory and can neither be waived nor the rate could be reduced. ..... deducted or non-deduction and non-payment under section 192.5.8 in cit v. rathi gum industries, , the rajasthan high court had held that section 201 of the it act, 1961, provides not only for collection of tax which has not been deducted but for levy and charge of interest also. sub-section (1a) of the said section ..... behalf, i, the chief cit (admn.), calcutta, hereby create a new range viz., range 21, under the jurisdiction and administrative control of the cit, west bengal-vii, calcutta. i also create six new wards under the administrative control and jurisdiction of range 21, as detailed in column (2) of the schedule annexed hereto. a dy. cit will be posted .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)207CTR(Cal)484,[2006]286ITR518(Cal)
..... interest paid and requiring him to pay such amount; and such notice of demand shall be deemed to be a notice under section 156 and the provisions of this act shall apply accordingly.(4) the provisions of this section shall apply in respect of assessments for the assessment year commencing on the 1st day of april, 1989, and ..... to the assessment for any earlier assessment year, references therein except in sub-section (1a) and sub-section (3) of section 215 to the other provisions of this act shall be construed as references to those provisions as for the time being in force and applicable to the relevant assessment year.''240. where, as a result of any order ..... from the assessment year 1989. such section cannot be interpreted in such a manner which would enable the assessee to claim interest contrary to the provisions of the said act which was prevailing at the time of the assessment years. in the absence of any statutory provisions and/or any contract to the contrary, the general law of the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2006Cal232,(2006)2CALLT220(HC),2007(1)CHN33
..... vehicle as a transport vehicle in any public place save in accordance with the conditions of a permit. section 67 conferred power on the state government to control road transport (not transport vehicles) by issuing directions for the specific purposes mentioned therein. section 68 empowered the state government to constitute the transport authorities. ..... the provisions of the chapter concerned was given by the legislature in section 96(2) of the motor vehicles act, 1988. the purpose of the chapter is 'control of transport vehicles;' and they are to be controlled by issuing permits entitling one to use them following the conditions attached to the permits. there is no scope ..... hence it cannot specify life or fix the age limit of a motor vehicle. chapter v of the motor vehicles act, 1988 consists of thirty-one sections (sections 66-96), it is titled 'control of transport vehicles.' section 96 empowers the state government to make rules for the purpose of carrying into effect the provisions .....
Tag this Judgment!Court : Kolkata
Reported in : [1977]107ITR182(Cal)
..... been duly furnished ;.........' 39. the section clearly provides that unless the particulars are duly furnished the assessee will not get the exemption. but section 84 of the act which we are considering is entirely different. in my view the principles laid down in that case cannot apply under the facts and in the circumstances of the ..... not entitled in law to the deduction.'38. the decision of the court was made on construction of proviso (a) to section 10(2) of the indian income-tax act, 1922, which reads as follows:section 10(2)(vi): 'such profits or gains shall be computed after making the following allowances, namely :--......... provided that- (a) the ..... the outset to determine exactly the scope of the exemption section provided under section 15c before dealing with the contentions of the asscssee. under section 15c of the act, which is headed 'exemption from tax of newly established industrial undertakings', the tax shall not be payable by an assessee on so much of the profits or .....
Tag this Judgment!Court : Kolkata
Reported in : [1977]107ITR261(Cal)
..... commissioner of income-tax considered that such allowance of deduction was prejudicial to the interests of revenue arid took proceedings under section 263(1) of the income-tax act, 1961. after hearing the parties the commissioner came to the conclusion that the said amount paid on account of royalty was an expenditure of a capital nature and ..... been rightly allowed by the income-tax officer. 11. from this order of the tribunal the following question has been referred under section 256(2) of the income-tax act, 1961 : 'whether, on the facts and in the circumstances of the case, and an a proper construction of the deed of lease dated the 6th september, 1943 ..... by the assessee to the jagirdar and the government each year were revenue expenditure allowable under the section of the hyderabad income-tax act corresponding to section 10(2)(xv) of the indian income-tax act, 1922. 23. in the majority judgment the supreme court noted and considered the following propositions on the question laid down by .....
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