Court : Kolkata
Decided on : Feb-11-2003
Reported in : (2003)181CTR(Cal)402,[2003]261ITR4(Cal)
..... court for answer is as follows :'whether, on the facts and in the circumstances of the case, the appellate tribunal is justified in cancelling the penalty imposed under section 271b of the act on the ground that there was no absolute default on the part of the assessee to get the accounts audited ?'2. mr. mihir lal bhattacharjee, learned senior ..... , the apex court had held that the element of mens rea was not required to be proved in the proceeding taken by the income-tax officer under section 271(1)(a) of the act against the assessee for the assessment years 1965-66 and 1966-67.18. the question of mens rea as was initiated in anwar ali's case : ..... 2002, a division bench of this court had also followed the sameprinciple, which, in our view, is distinguishable in view of the liability created under section 68 of the west bengal sales tax act having an element of quasi criminal implication.19. but then each case has to be examined on the facts and circumstances and the materials on record as .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-15-2003
Reported in : (2003)2CALLT78(HC),(2003)IIILLJ691Cal
..... 'workmen'. the teachers employed by educational institutions for imparting primary, secondary, graduate or postgraduate education cannot be called as 'workmen' within the meaning of section 2(s) of the act. imparting of education which is the main function of teachers cannot be considered as skilled or unskilled manual work or supervisory work or technical work or ..... industry, should be treated as 'workmen'. but this can be only if the statutory definition permits it. 5. from the definition of 'workmen' under section 2(s) of the industrial disputes act, 1947 i find that it does not include any person attached to the service of air-force, army or navy, in the police service, managerial ..... of teaching. it is not possible to accept the suggestion that having regard to the object of the act, all employees in an industry except those falling under the four exceptions (i) to (iv) in section 2(s) of the act should be treated as 'workmen' as it will render the words 'to do any skilled or unskilled .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-12-2003
Reported in : (2003)182CTR(Cal)596,[2003]263ITR300(Cal)
..... investigation of the income-tax files for ascertaining their creditworthiness and genuineness of the transaction. whereas cit(a) had disallowed rs. 19,88,750 under section 68 of the it act 1961 (act) on the basis of the finding of facts arrived at by him relying on the materials produced. on appeal, the tribunal had held that since ..... after examining the facts, the contents from the paper book, the relevant evidence regarding the collection of share capital from the general public, the provisions of section 68 of the it act, 1961, and the case law cited on behalf of the appellant, company firstly we are unable to hold that the collection of share-capital can ..... : [1995]214itr801(sc) . relying on these decisions, he contended that in such a case, the it authority had every right to apply section 68 of the it act.4. in our view, when section 68 is resorted to, it is incumbent on the assessee to prove and establish the identity of the subscribers, their creditworthiness and the genuineness of .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-30-2003
Reported in : (2003)3CALLT593(HC),[2005]128CompCas444(Cal),[2004]51SCL204(Cal)
..... bhagwati re-lodged the shares for transfer and registration. as peerless did not register those shares in the name of bhagwati, bhagwati filed an application under section 111 of the companies act, 1956 before the company law board, eastern region bench.19. by the order impugned dated august 25, 1998 the company law board dismissed the petition ..... of the judgment and order of the company law board could be sent by the bench officer concerned under certificate of posting, particularly, when under section 10f of the said act the limitation to prefer appeal runs from the date of communication of the decision or the order of the company law board to the aggrieved person. ..... 1998 passed by the company law board, eastern region bench at calcutta in original petition no. 15(111)/erb/1995. the said appeal has been filed under section 10f of the companies act, 1956.2. when the appeal is taken up for hearing, mr. sudipta sarkar, learned senior advocate, appearing on behalf of the respondent no. 1, .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-25-2003
Reported in : [2003]262ITR338(Cal)
..... court, the documents were directed to be returned and that there was no extension of the period of retention after the expiry of the statutory period provided under section 132(8) of the act, but yet the authority had not returned the documents. according to him, if there is an order of retention, in that event, that has to be ..... to be seen whether on such materials a reasonable man can form an opinion that there are reasons to believe for the purpose of issuance of notice under section 132(1) of the act. 3. mr. mihir lal bhattacharya, learned senior counsel for the respondent, on the other hand, contended that the judgment appealed against is well reasoned and is ..... led us through the detailed report and ratio laid down in those decisions. he pointed out that there is no infirmity in the issuance of notice under section 132(1) of the act having regard to the facts and circumstances of the case. the court cannot adjudge the sufficiency or adequacy of the materials. it is only the existence of .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-30-2003
Reported in : [2003]261ITR635(Cal)
..... respect of undisclosed or unexplained income, if such income is from a business, then the assessee will be entitled to the deduction of business expenditure available under section 37 of the act business expenditure includes business loss. the question of loss is dependent on the question as to whether it is a loss in the course of the business. ..... to the possession. in kantilal chandulal and co. v. cit : [1982]136itr889(cal) , this court had held that possession gives rise to a legal presumption under section 110 of the evidence act for a prima facie proof of ownership. in maqbool hussain v. state of bombay, : 1983ecr1598d(sc) , it was held that the burden of proving that a ..... is sought to be attributed to a person other than one in possession, in that event, the burden of proving such fact lies on the department. section 110 of the evidence act, might help if the possession is with the person to whom the ownership is attributed. in the present case, the recovery having been made from the .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-17-2003
Reported in : (2003)182CTR(Cal)600,[2003]263ITR692(Cal)
..... be said to be a step taken for issuing of summons. it is the power not the procedure that has been borrowed under section 131 of the act. an opportunity inbuilt in section 68 of the act has been given to the assessee to prove to the satisfaction of the ao that the apparent is real and transaction was genuine, ..... our opinion, there is no sufficient material to come to a definite conclusion. the learned tribunal will remit the matter to the ao for issuing summons under section 131 of the act, on the said 21 shareholders and then record the evidence, if available, and return the same after giving opportunity to the assessee and recording it properly ..... was able to discharge the prima facie proof of the genuineness of the transaction. therefore, failure to do so had vitiated the whole process of the enquiry contemplated under section 68 of the act. he relies on two decisions viz. munnalal murlidhar v. cit : [1971]79itr540(all) and food corporation of india v. provident fund commr. and ors. : ( .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-02-2003
Reported in : (2003)183CTR(Cal)47,[2003]262ITR605(Cal)
..... by the amended provision. but still then, according to him, four years' embargo cannot be overlooked and cannot be stretched beyond four years with the aid of section 151 of the act or otherwise.7. both mr. ghosh and mr. som and dr. pal have relied on various decisions to which we shall be making reference at the ..... consider is the validity and legality of the notices, all dated july 29, 1994, issued by the respondent-income-tax department under section 148 of the income-tax act, 1961, for reopening the respective assessment under section 147 for the assessment years 1984-85 to 1989-90 and 1985-86 to 1989-90, respectively, in the two cases.3. ..... appear that there has been any substantial change in the principle or the scheme envisaged either under the 1922 act or the 1961 act before april 1, 1989, and thereafter under the amended provision. the power to reopen is prescribed under section 147 with effect from april 1, 1989, in a little different manner from the earlier provisions. it .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-08-2003
Reported in : (2003)183CTR(Cal)212,[2003]263ITR498(Cal)
..... 4. we have heard the respective counsel for the parties. the scope of jurisdiction under article 226 of the constitution in respect of a proceeding under section 269ud of the 1961 act is very restrictive and limited. it is confined to the scope of scrutinizing the perversity and illegality of the process of valuation for the purpose of ..... as provided in r. 24, there, even if a lower amount is received, it would not mean that the power to purchase the said property under section 269ud of the it act, 1961, could be exercised by the authorities under chapter xx-c as it would be difficult to draw a presumption that there was an attempt to evade ..... an circumstances of the case, this property was sought to be sold through public auction with a reserve price fixed by the 'charity commissioner' under section 36 of the bombay public trust act after inviting objection under r. 24 of the bombay public trust rules. the reserve price was fixed by the 'charity commissioner' while granting sanction under .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-17-2003
Reported in : (2003)184CTR(Cal)12
..... notice on 23rd sept., 2002. all these facts are admitted.2. on this background, mr. dutta has contended that by reason of sub-section (2) of section 110 of the customs act, the petitioner became entitled to return of the seized goods and the customs authorities became liable to return the seized goods to the person from ..... is complete only when the notice reaches the hands of the person to whom given. but this decision has not dealt with any provision akin to section 153 of the customs act. therefore, this decision does not help mr. dutta to the extent he wanted to rely upon. reliance has been placed by him on overseas paints ..... biswanath samaddar, learned counsel, and mr. shibdas banerjee, learned senior counsel appearing with him, on the other hand, has contended that section 124(a) and section 110(2) of the customs act has used the expression 'given', whereas section 153 deals with service. there is a distinction between 'giving of notice' and 'service of notice'. after a notice is given .....
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