Court : Kolkata
Reported in : (1991)1CALLT385(HC),1990(2)CHN385,[1990]185ITR453(Cal)
..... the present writ petition has been filed by the kelvin jute company limited, a public limited company, and one of its shareholders challenging the orders issued by the appropriate authority constituted under section 269ud of the income-tax act dated november 25, 1988, and may 2, 1989, and to refrain from giving any effect to or taking any steps in terms thereof or thereunder and to issue to the petitioners no ..... the transferor-company was permitted to contract subject to the provisions of section 22 of the urban land ceiling act and, if the competent authority under the urban land ceiling act was not satisfied, they might withhold the permission to retain the land in excess of the said limit and, in that event, if sections 6 to 14 of the urban land ceiling act were not satisfied, they might withhold permission to retain the land ..... it was held, inter alia, that the proposed transfer was null and void in view of the provisions of section 5(3) of the urban land ceiling act it was recorded that although the application was made under the urban land ceiling act, no exemption was, however, allowed and even if any such exemption was granted, the excess vacant land could be used ..... on behalf of the respective parties and having gone through the impugned orders, this court finds that chapter xxc of the income-tax act consisting of sections 269u to 269uo inserted by the finance act, 1986, mainly deals with purchase by central government of immovable properties in certain cases of transfer. .....
Tag this Judgment!Court : Kolkata
Reported in : (1991)1CALLT149(HC)
..... when the imputation against the petitioner is that he conrtibuted to the excess payment to the contractors amounting to more than 46 lacs of rupees then such impugation comes within the definition of misconduct under rule 5 of the conduct, discipline and appeal rules, 1978 of common coal cadre.19. ..... he also submits that the imputation of charges against the petitioner have all the ingredients of misconduct, because the impugned act of the petitioner resulted in loss of revenue of the concerned respondent as the contractors had been able to obtain excess payment of more than 46 lacs of rupees ..... the matter was inquired into and report was submitted on 13.5.1982 by the committee that there was sufficient quantity of sand at tasra and kewra ghats ..... the writ petitioner has drawn my attention to some observations in the judgment of the patna high court quashing the criminal proceeding under section 482 of the cr. p. c. ..... however if on account of any act or omission of the petitioner the enquiry cannot be concluded within the above period, then the respondent shall be at liberty to pray for extension of period for concluding the enquiry with notice to the writ petitioner.21 ..... 3 and on considering the annexure 'g' of the writ petition i am of the view that the disciplinary authority considers the impugned act of the petitioner to be act of misconduct. ..... , the writ petitioner, allowed transportation of sand from bajraghat although he had received letter dated 15.10.1981 and 27.3.1982 from sri r. k. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1990Cal380,(1991)2CALLT17(HC),94CWN515
..... referred to the registrar, the period from the date when the suit was filed to the date of this judgment of ours, should be excluded by the registrar in computing the period prescribed under section 95(2) of the co-operative societies act, 1983. 24. we accordingly make the solute, set aside the impugned order of the court below holding the suit to be main-tainable and dismissing the application for rejected of the plaint and ..... in deccan merchants co-operative bank : [1969]1scr887 (supra), to the effect that 'it was not the intention of the legislature to deprive a tenant in a building owned by a co-operative society of the benefits given by the various provision pf rent act' must be read subject to this rider that if the business or affair's of the co-operative society is to let out premises to its members, as in the case of a co-operative housing society, any dispute relating to such tenancy including recovery ..... the definition as ..... bhat-nagar air 1982 sc 1097(supra) the supreme court has gone much further and has ruled (at 1104, paragraph 19) that if the society is a tenant-co-partnership type housing society formed with the object of providing residential ..... bhatnagar (supra) air 1982 sc 1097, deccan merchants cooperative bank : [1969]1scr887 (supra) was exaplained on the footing that the society in that case was a co-operative bank and ordinarily a co-operative bank cannot be said to be engaged in business when ..... bhajnagar, air 1982 sc 1097, in all of which the analogous .....
Tag this Judgment!Court : Kolkata
Reported in : [1990]33ITD202(Cal)
..... ; or(ii) running and maintenance of aircraft and motor cars; or(iii) payments made to hotels.explanation : for the purposes of sub-sections (3a) & (3b) -(a) the expenditure specified in clause (1) to clause (iii) of sub-section (3b) shall be the aggregate amount of expenditure incurred by the assessee as reduced by so much of such expenditure as is not allowed under any other provision of this act;(b) expenditure on advertisement, publicity and sales promotion shall not include remuneration paid to employees of the assessee engaged in one or more ..... we also agree with shri levi that in view of order of the commissioner and notice under section 263 of the act, and in the circumstances of the case, the revenue is not entitled to raise the above ..... at the relevant time the said provisions were as under :-'(3a) notwithstanding anything contained in sub-section (1), where the expenditure or, as the case may be, the aggregate expenditure incurred by an assessee on any one or more of the items specified in sub-section (3b) exceeds one hundred thousand rupees, twenty per cent of such excess shall not be allowed as deduction in computing the income chargeable under the head profits and gains of business or ..... he directed as below :'in the absence of a statutory definition of the term sales promotion any expenditure for effecting sales, such as, a sales organisation, commission paid to sales man, commission paid to sales agent and whatever expenses which were in connection with sales would .....
Tag this Judgment!Court : Kolkata
Reported in : (1990)84CTR(Cal)103,[1991]190ITR220(Cal)
..... the tribunal held that the amount was allowable under section 37 of the income-tax act, 1961, on the ground that it was for the purpose of the welfare of its employees, and, therefore, the expenditure was laid out exclusively for the purpose of business. ..... the tribunal has referred the following question of law under section 256(1) of the income-tax act, 1961 : 'whether, on the facts and in the circumstances of the case, the amount of rs. ..... it had to dilute its shareholding as a result of the amendment made in section 29 of the foreign exchange regulation act the tribunal has taken note of the fact that the decision to increase share capital in the hands of the indian nationals was taken to fulfil the aims and objects of the fera bill which was on the anvil and later became an act. ..... evidently, this decision was taken to fulfil the aims and objects of the foreign exchange regulation bill which was on the anvil and later became an act of parliament. .....
Tag this Judgment!Court : Kolkata
Reported in : [1990]184ITR484(Cal)
..... , in fact, entitled to enjoy these flats and the income therefrom in any manner they like and against whom the company has lost all rights of recourse because of the provisions of section 53a of the transfer of property act, that the company is the owner of nothing but the husk of title over the property and should not be assessed on the principle of the decision of the supreme court and this ..... the income arising from the sale of these flats has already been assessed by the income-tax officer as business profits in the hands of the assessee-firm under section 28 of the income-tax act, 1961, in the years in which the construction was completed and possession of flats was handed over to the respective buyers against payment of full consideration in spite of the fact that the ..... in our opinion, for the purpose of this case, to be tied down to the controversy whether in india there is any concept of legal ownership apart from equitable ownership or not or whether, under sections 9 and 10 of the indian income-tax act, 1922, and sections 22 to 24 of the income-tax act, 1961, where 'owner' is spoken of in respect of house properties, the legal owner is meant and not the equitable or beneficial owner ...'. ..... juristic principle from the view-point of each one is to determine the true connotation of the term 'owner' within the meaning of section 22 of the act in its practical sense, leaving the husk of the legal title beyond the domain of ownership for the purpose of this statutory provision. .....
Tag this Judgment!Court : Kolkata
Reported in : [1993]200ITR391(Cal)
..... it is now well settled that, even if the business is illegal, it would still be a business within the meaning of the income-tax act ; if any profits are derived from such business, the same are assessable and there cannot be any distinction between the losses and profits of the illegal business. ..... in this reference under section 256(2) of the income-tax act, 1961, relating to the assessment years 1963-64 and 1964-65, the tribunal has referred the following common question of law to this court :'whether, on the facts and in the circumstances of the case, the loss incurred in ..... the managing agents had no authority to do the business in groundnuts and masoor on behalf of the assessee but the assessee accepted the acts of the managing agents by incorporating the accounts of east pakistan in its accounts in india.6. ..... he rejected the assessee's contention that the agent acted on the instructions of the assessee. .....
Tag this Judgment!Court : Kolkata
Reported in : [1989]180ITR308(Cal)
..... the assessment for the assessment year in which the said sale deed for the said land was executed was reopened under section 147(a) of the said act thereafter, the assessee-company sold further land to the fertilizer corporation of india and it was considered that the assessee-company could not have so much agricultural land ..... lakhmani mewal das, : [1976]103itr437(sc) , it has been held that it would appear from a perusal of the provisions of sections 147 and 148 of the income-tax act, 1961, that two conditions have to be satisfied before an income-tax officer acquires jurisdiction to issue notice under section 148 of the said act in respect of an assessment beyond the period of four years, but within a period of eight years of the relevant year. ..... accordingly, for the assessment year 1962-63, the assessment was reopened under section 147(a) of the income-tax act, 1961, for assessing the capital gains arising out of the said 5/8ths portion of the total land of 1,885 bighas acquired by the government as stated hereinbefore ..... it was also held that proceedings for assessment/reassessment under section 34(1)(a) of the act start with the issue of a notice and it is only after its service that the assessee concerned becomes a party to such ..... is held in such cases that if the income-tax officer has all the material facts before him when he makes the original assessment, he cannot later on take recourse to section 147(a) of the act to remedy the error resulting from his own oversight.9. .....
Tag this Judgment!Court : Kolkata
Reported in : II(1990)DMC75
..... the appellant-petitioner filed a suit for divorce and for declaration of nullity against the respondent-wife with leave of court under section 14 of the hindu marriage act as the statutory period of one year did not expire from the date of solemnization of the marriage. ..... roy chowdhury argued that the learned trial judge has made an error in granting leave to the petitioner under section 14 of the hindu marriage act without giving a hearing to the respondent. ..... accordingly, he has prayed for a decree of nullity of the marriage under section 12(1) and a decree for divorce on the ground of cruelty under section 13(1)(1a) of the hindu marriage act.2. ..... the petitioner mainly based his case and sought relief under section 12 and section 13(1)(1a) of the hindu marriage act. ..... case for setting aside the ex parte decree obtained by the petitioner in this suit and she also admitted that she had initiated a criminal case against the husband and other in laws under sections 323/342/506/420/120b ipc. ..... it will appear from the deposition of the respondent herself that she filed a case under section 125 cr. p.c. ..... he also submitted that to his show cause in the case under section 125 cr. p.c. ..... with regard to cruelty the learned judge held that in his show cause in the proceedings under section 125 cr. p. c. ..... it will appear that the respondent contested the suit without raising any objection as to the leave granted by the trial court to the petitioner under section 14. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1990Cal185,93CWN1146
..... there had been some amount of obfuscation about the juristic personality or entity of hindu joint or undivided family, and in case of mitakshara family, the co-perceners are held not to have any distinct or definite shares until partition and ancestral properties are treated to be held by the family, and not the members, care was taken in s. ..... these circulars are not obviously laws to govern us, but since, as stated hereinbefore, we also find reasons to come to the same conclusion and since the act has been administered during all these 12 years or more according to such construction, we would also hold that a hindu undivided family is not a person ..... which reads as follows:--'where any land, not being vacant land, situated in a state in which this act is in force has become vacant land by_any reason whatsoever, the date on which such land becomes vacant land ..... family, so much of the vacant land as would have fallen to his share had the entire vacant land held by the hindu undivided family been partitioned amongst its members at the commencement of this act, shall also be taken into account in calculating the extent of vacant land held by such person.'9. ..... a piece of land from the purview of the definition of vacant land as envisaged in s. ..... upon us that the competent authority under the urban land (ceiling and regulation) act, 1976 has illegally ordered on 31-1-84 that as much land appertaining to plot nos ..... section 4 prescribes the ceiling ..... section 4, however, infixing the ceiling, .....
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