Court : Kolkata
Reported in : [1964]54ITR592(Cal)
..... though the amount was expended wholly and exclusively for the purpose of the trade and even though the deduction of the amount from the profits was not expressly prohibited by the english income-tax act, 1842. our supreme court has approved of the test laid down by viscount cave. in assam bengal cement co. ltd. v. commissioner of income-tax ..... and obtained and sanction of the central government to the proposed issue of debentures, as the issue of capital without such sanction was prohibited by section 3(2)(a) of the capital issues (continuance of control) act, 1947, and as the issue and creation of the debentures and mortgage was an issue of capital within the meaning of section 2 ..... of which is permitted as being necessarily incidental o the earning of profit and i think to deduct it would be contrary to the prohibitions laid down in schedule d and in the 159th section of the same act .'in texas land & mortgage co. v. holtham, a company raised money by the issue of debentures and lent it at a .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal363,1965CriLJ84
..... (pedestrian or vehicular);(4) passing by left of a tram car. at rest for the purpose of setting down or taking up passenger, is absolutely prohibited.5. that absolute prohibition mentioned last is irrespective of either existence in fact or even likelihood of danger or inconvenience to the public in general or other users of the road, ..... 3 taken together summarised for clear understanding appears to be:(1) overtaking a vehicle moving in the same direction by the left of that vehicle is generally prohibited;(2) such overtaking by left is permissible in the case of a motor vehicle mentioned in first partof regulation 3 and also tram car or other vehicle ..... either pedestrian or vehicular. its distinction from the provision of section 116 of the act appears from the terms of that section which is quoted below:' .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal409,68CWN669
..... , the true criterion seemed to be freedom at the frontier while goods were passing into or out of one state into another. inasmuch as the impugned act and regulation either prohibited inter-state trade entirely if there was no license or if a license was granted, partially, it was held that there was a case of restriction ..... only regulatory and therefore it did not contravene article 301. it was held that the interpretation which was accepted by the majority judges in atiabari's case, : [1961]1scr809 , (supra) was correct but subject to the qualification that regulatory measure or measures imposing a compensatory tax for the use of trading ttcilities did not come within ..... constitute an immediate or direct impediment on the movement of trade and commerce. the case was sought to be distinguished from the case of atiabari tea co., : [1961]1scr809 (supra) on the ground that in the latter case tax was on the carriage of goods whereas in the case under consideration the tax was a consolidated tax .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal16
..... necessary time to the management of its affairs unless they were paid for their services. alterations in the objects of the company were proposed to remove the prohibition against payment of remuneration to them. eve, j. refused to sanction alterations as it involved a fundamental change in the constitution of the company. the court ..... of the insurance business. admittedly the applicant had ceased to carry on life insurance business and therefore the restrictions relating to investment imposed by the insurance act do not apply to the investments made by the applicant and it is not required to invest its funds arising from general insurance business in any particular ..... the company wanted to change its business by abandoning the insurance business altogether, in order to take up other business the checks and controls under the insurance act would no more be operative, and therefore mr. sen submitted, his client would be seriously prejudiced.24. before dealing with the rights of a landlord i .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal280,[1964(9)FLR211]
..... alia, for a writ in the nature of mandamus commanding the respondents to withdraw or rescind the purported order dated february 4, 1963 andfor a writ of prohibition prohibiting them from wrongly exercising their powers under section 29 against the petitioner and obtained this rule.4. mr. imam, learned advocate for the petitioner, argued a ..... the petitioner under the award and that the labour officer was wrong in threatening institution of proceedings against the petitioner under section 29 of the industrial disputes act.5. mr. basack, learned advocate for the respondents, drew my attention to certain passages in the award which went to show that the business which ..... retrenched workmen concerned and to report compliance to this office within 10 days from date failing which prosecution may be launched against you under section 29 of i. d. act. yours faithfully, sd/- d. mitra, labour officer, west bengal.' 2. the petitioner dinobandhu nayak says that he is the proprietor of messrs. a. b. .....
Tag this Judgment!Court : Kolkata
Reported in : [1965]58ITR649(Cal)
..... is permissible unless it is justifiable on commercial principles or on the basis on the provisions of the relevant taxing statute provided there is no prohibition, express or implied, in the same act against such deduction. the assessee has already earned the full commission as entered in its books of account and the compensation has only been paid ..... on of the business and to be incidental to it. if that is established, the deduction must be allowed, provided of course there is no prohibition against it, express or implied, in the act.'the next case which may be relied on is commissioner of income-tax v. shoorji vallabhdas & co., where hidayatullah j. has observe :'income-tax ..... the business and to be incidental to it. if that is established then the deduction must be allowed provided, of course, there is no prohibition against it, express or implied, in the act..... at the same time it should be emphasised that the loss for which a deduction could be made under section 10(1) must be one .....
Tag this Judgment!Court : Kolkata
Reported in : [1965]16STC197(Cal)
..... of madras [1962] 13 s.t.c. 288, the assessee's main object was serving the members of the canteen with lunch and tiffin. there was no prohibition in the bye-laws governing the canteen of sale of lunch and tiffin to non-members. during the period of assessment the assessee was found to have sold lunch and ..... activity.10. in the result, it was held that the assessees should be regarded as dealers in cotton.11. in gosri dairy vytilla v. the state of kerala [1961] 12 s.t.c. 683 the assessee was a registered dealer only for its dairy products. it was found that the assessee had been regularly selling its unserviceable cows ..... government of india, various state governments and approved autonomous bodies. the director of disposals (united states transfer directorate) refused to get registered under the bengal finance (sales tax) act, 1941, on the ground that he was not a dealer. on 9th november, 1955, the commercial tax officer, esplanade charge of the directorate of commercial taxes, government of .....
Tag this Judgment!Court : Kolkata
Reported in : [1966]36CompCas512(Cal),70CWN280
..... upon any body to prove or disprove anything. in making such an administrative enquiry, the inspector need not proceed judicially and, unless there be express or implied prohibition in the statute, there may be co-inspectors appointed or the investigation may be carried on by a successor to the inspector first appointed.49. i have ..... 1963, june 12, 1964, and june 30, 1964, for a writ of mandamus directing the respondents to recall or rescind the said orders and for a writ of prohibition restraining the respondent from taking further steps in the impugned proceedings. the petitioner-company obtained this rule on july 21, 1964. mr. r. c. deb, learned advocate ..... of the observations of lord thankerton in hearts of oak insurance co., [1960] 30 comp. cas. 644; : [1961]1scr191 . in the case of raja narayan bansilal v. maneck phiroz mistry. dealing with an investigation under the companies act, gajendragadkar j. (as the chief justice then was) observed at page 39 :' it is well-known that the .....
Tag this Judgment!Court : Kolkata
Reported in : [1967]19STC343(Cal)
..... for the purpose of a prosecution under the indian penal code in respect of those documents for the purpose of a prosecution under the sales tax act itself. the prohibition contained in sub-section (1) above applies also to production of the documents before any court with the result that no court is authorised to require ..... , the law in respect of the same is embodied in section 25 of the bengal finance (sales tax) act, 1941. sub-section (1) of that section provides a prohibition against disclosure of the documents mentioned therein. this prohibition is absolute and sub-section (2) of the section makes the government servant contravening the provisions of sub-section ..... be imposed explicitly and in clear terms and no implied prohibition should be inferred. as neither the sales tax files minus the papers, statements and evidence nor assessment orders which apparently form part of that file are expressly mentioned in section 25(1) of the act we must find that these documents are not entitled .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal570
..... to support the proposition that a competent legislature could not, even in the absence of express prohibition, legislate so as to vary the effect of a crown grant. further it was held that the effect of section 3 of the crown grants act could not extend so far as to limit the statutory competence of a provincial legislature to ..... attention to a decision of the supreme court in devilal modi v. sales-tax officer ratlam, : [1965]1scr686 . in that case an assessee under the sales tax act challenged the validity of the tax imposed upon him by a petition under article 226. this petition was rejected upon merits and an appeal was also dismissed by the supreme ..... the rights of every intermediary therein situated in any district or part of a district shall vest in the estate free from all encumbrances. under the provisions of the act notices were issued by the respondent no. 3, who took possession of the said jaigir held by the appellant. thereupon the appellant moved an application under article 226 .....
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