Array ( [0] => ..... j.1. the award made by the arbitrator in the dispute between the parties, was made rule of the court after rejecting the appellants' application under section 30 of the arbitration act, 1940 (1940 act), by a judgment dated 10th of may, 2000 passed in t.s. no. 74 of 1987 by the learned civil judge (senior division), 3rd court, ..... in the statement of claim, it has not been averred that the account was running and continuous even after termination of the agreement. that apart, under section 70 of the contract act, a claim outside the agreement cannot be asked for in the arbitration,--is a contention raised by mr. ghosh on behalf of the appellant. this proposition ..... parties in respect of other contentions. the learned advocate for the appellant contended that the amended claims could not be referred to the arbitration under section 40 of the 1940 act since the new act has come into force on 25th june, 1996. the period of claim being related to a period after 25th january, 1996 cannot come ..... [1] => ..... but in respect of 21 persons, who were not income-tax assessees, the assessing officer had added the amount to the income of the assessee under section 68 of the act. the commissioner (appeals) had held that it was the responsibility of the assessee to establish the identity of the shareholders and prove their creditworthiness and ..... 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 corpn. of india v. provident fund cit : (1990) ..... there is no sufficient material to come to a definite conclusion. the learned tribunal will remit the matter to the assessing officer 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 ..... [2] => ..... 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 ..... [3] => ..... the learned tribunal had treated part of the receipts to the extent of rs. 8,70,387 as receipt from undisclosed sources of income under section 68 of the income tax act, 1961 (act). in the proceedings, the assessee had disclosed the names and addresses of each of the subscribers. the assessing officer had issued notice upon 37 ..... we shall be referring to those decisions at appropriate stage. the principle, deciphered from the various decisions cited, may be enumerated as hereafter.6. section 68 of the income tax act, 1961 empowers the assessing officer to treat any sum found credited in the books of account of the assessee for any previous year, if the ..... upholding the appellate order of the commissioner (appeals) by which the commissioner (appeals) had confirmed the addition of rs. 8,70,387 under section 68 of the income tax act by holding that the creditworthiness of the individual shareholders and consequently the genuineness of the investment recorded in the books of the company in their ..... [4] => ..... ) and the learned tribunal had treated part of the receipts to the extent of rs. 8,70,387 as receipt from undisclosed sources of income under section 68 of the it act, 1961 (act). in the proceedings, the assessee had disclosed the names and addresses of each of the subscribers. the ao had issued notice upon 37 subscribers on test ..... the parties. we shall be referring to those decisions at appropriate stage. the principle, deciphered from the various decisions cited, may be enumerated as hereafter.6. section 68 of the it act, 1961, empowers the ao to treat any sum found credited in the books of account of the assessee for any previous year, if the assessee fails ..... was justified in upholding the appellate order of the cit(a) by which the cit(a) had confirmed the addition of rs. 8,70,387 under section 68 of the it act by holding that the creditworthiness of the individual shareholders and consequently the genuineness of the investment recorded in the books of the company in their names remained ..... [5] => ..... the decree becomes final. inasmuch as in the present case an appeal having been preferred, the decree has not reached finality and, therefore, provisions of section 226(3) of the act cannot be invoked. 4. mr. pradip ghosh, learned senior counsel for the revenue, on the other hand, contends that no appeal was preferred until ..... the other hand, the tro sought to recover the income-tax dues payable by vcvl through a recovery proceeding. in the process, the notice under section 226(3) of the act came to be issued on the petitioners seeking recovery from the decree obtained by vcvl against the petitioners. 3. mr. sudipto sarkar, learned senior counsel ..... termed as 'vcvl') was an ingenuine transaction and, therefore, disallowed the deduction of interest on borrowed capital and then directed addition of the amount under section 68a (68) of the it act. the cit(a) had affirmed the order of the ao and had held that the explanation was not satisfactory and despite opportunity being given, the ..... [6] => ..... that the learned chief judge, presidency small causes court at calcutta had erroneously held that the application filed by the plaintiff under section 41 of the presidency small cause courts act is not maintainable before the presidency small causes court. the finding of the learned chief judge on the point of maintainability therefore ..... court depending on valuation. the learned chief judge, therefore, on the ground of maintainability rejected the application of the plaintiff filed under section 41 of the presidency small cause courts act.3. this court, however, while deciding the earlier revisional application being c.o. no. 1521 of 2002 specifically held that the ..... chief judge ultimately, held that the suit by licensor against a gratuitous licensee is not.....before the presidency small cause court under section 41 of the presidency small cause courts act and relying on the decision of the division bench of the judgment reported in : air2001bom470 observed that the suit should have been ..... [7] => ..... light and taking into consideration, the further fact and the allegation to the effect that the marriage was held in contravention of the age limits as per section 5(3) of the hindu marriage act, 1955, the same also cannot plainly be regarded as the void marriage and at best it is a voidable marriage. so, during the subsistence of ..... the marriage tie as per the provisions of section 6 of the hindu minority and guardianship act, 1956, the present petitioner is entitled to custody of wife who is also very much willing to go to her place.22. sri moitra has ..... the learned sessions judge, the present revisional application has been filed with the prayers as mentioned at the outset alleging that as per the provisions of section 60 of the hindu guardians and minority act, 1956, even if it is assumed without admitting that she was a minor, the husband was a natural guardian and such being the position, ..... [8] => ..... for a particular year becomes, by legal fiction, part of the depreciation allowance for the succeeding year. in the light of the provisions contained in section 323(2) of the act it is well-settled that for claiming set off of unabsorbed depreciation in a succeeding year, the continuance of the business in relation to which such ..... hearing on 23-3-98. having received the show cause notice under section 263 of the act the assessee submitted a reply in writing vide its letter dated 23-3-98 saying that the adjustment of unabsorbed depreciation has been rightly done by the ..... of the present partnership (sic) by the a.o. was erroneous and prejudicial to the interest revenue. he, therefore, issued a show cause notice under section 263 of the act to the assessee as to why the assessment made by the a.o. should not be rectified by disallowing set off of brought forward unabsorbed depreciation fixing the ..... [9] => ..... of fresh capital unless it is utilised for the purpose of expanding the plantation. 10. with this observation, we dispose of this reference as above. 11. all parties are to act on a xerox signed copy of this dictated order on the usual undertakings. maharaj sinha, j. 12. i agree. ) Explosives Act 1884 Section 4 Definitions - Sortby Recent - Court Kolkata - Year 2003 - Page 14 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: kolkata Year: 2003 Page 14 of about 173 results (0.077 seconds)

Mar 17 2003 (HC)

Food Corporation of India and ors. Vs. Gopal Chandra Mukherjee

Court : Kolkata

Decided on : Mar-17-2003

Reported in : (2003)3CALLT10(HC)

..... j.1. the award made by the arbitrator in the dispute between the parties, was made rule of the court after rejecting the appellants' application under section 30 of the arbitration act, 1940 (1940 act), by a judgment dated 10th of may, 2000 passed in t.s. no. 74 of 1987 by the learned civil judge (senior division), 3rd court, ..... in the statement of claim, it has not been averred that the account was running and continuous even after termination of the agreement. that apart, under section 70 of the contract act, a claim outside the agreement cannot be asked for in the arbitration,--is a contention raised by mr. ghosh on behalf of the appellant. this proposition ..... parties in respect of other contentions. the learned advocate for the appellant contended that the amended claims could not be referred to the arbitration under section 40 of the 1940 act since the new act has come into force on 25th june, 1996. the period of claim being related to a period after 25th january, 1996 cannot come .....

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Mar 17 2003 (HC)

Cit Vs. Kamdhenu Vyapar Co. Ltd.

Court : Kolkata

Decided on : Mar-17-2003

Reported in : [2003]130TAXMAN147(Cal)

..... but in respect of 21 persons, who were not income-tax assessees, the assessing officer had added the amount to the income of the assessee under section 68 of the act. the commissioner (appeals) had held that it was the responsibility of the assessee to establish the identity of the shareholders and prove their creditworthiness and ..... 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 corpn. of india v. provident fund cit : (1990) ..... there is no sufficient material to come to a definite conclusion. the learned tribunal will remit the matter to the assessing officer 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 .....

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Mar 12 2003 (HC)

Commissioner of Income Tax Vs. Ruby Traders and Exporters Ltd.

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 .....

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Mar 12 2003 (HC)

Hindusthan Tea Trading Co. Ltd. Vs. Cit

Court : Kolkata

Decided on : Mar-12-2003

Reported in : [2003]129TAXMAN601(Cal)

..... the learned tribunal had treated part of the receipts to the extent of rs. 8,70,387 as receipt from undisclosed sources of income under section 68 of the income tax act, 1961 (act). in the proceedings, the assessee had disclosed the names and addresses of each of the subscribers. the assessing officer had issued notice upon 37 ..... we shall be referring to those decisions at appropriate stage. the principle, deciphered from the various decisions cited, may be enumerated as hereafter.6. section 68 of the income tax act, 1961 empowers the assessing officer to treat any sum found credited in the books of account of the assessee for any previous year, if the ..... upholding the appellate order of the commissioner (appeals) by which the commissioner (appeals) had confirmed the addition of rs. 8,70,387 under section 68 of the income tax act by holding that the creditworthiness of the individual shareholders and consequently the genuineness of the investment recorded in the books of the company in their .....

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Mar 11 2003 (HC)

Hindusthan Tea Trading Co. Ltd. Vs. Commissioner of Income Tax

Court : Kolkata

Decided on : Mar-11-2003

Reported in : (2003)182CTR(Cal)585,[2003]263ITR289(Cal)

..... ) and the learned tribunal had treated part of the receipts to the extent of rs. 8,70,387 as receipt from undisclosed sources of income under section 68 of the it act, 1961 (act). in the proceedings, the assessee had disclosed the names and addresses of each of the subscribers. the ao had issued notice upon 37 subscribers on test ..... the parties. we shall be referring to those decisions at appropriate stage. the principle, deciphered from the various decisions cited, may be enumerated as hereafter.6. section 68 of the it act, 1961, empowers the ao to treat any sum found credited in the books of account of the assessee for any previous year, if the assessee fails ..... was justified in upholding the appellate order of the cit(a) by which the cit(a) had confirmed the addition of rs. 8,70,387 under section 68 of the it act by holding that the creditworthiness of the individual shareholders and consequently the genuineness of the investment recorded in the books of the company in their names remained .....

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Mar 11 2003 (HC)

Shaw Wallace and Co. Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Mar-11-2003

Reported in : (2003)181CTR(Cal)290,[2003]262ITR528(Cal)

..... the decree becomes final. inasmuch as in the present case an appeal having been preferred, the decree has not reached finality and, therefore, provisions of section 226(3) of the act cannot be invoked. 4. mr. pradip ghosh, learned senior counsel for the revenue, on the other hand, contends that no appeal was preferred until ..... the other hand, the tro sought to recover the income-tax dues payable by vcvl through a recovery proceeding. in the process, the notice under section 226(3) of the act came to be issued on the petitioners seeking recovery from the decree obtained by vcvl against the petitioners. 3. mr. sudipto sarkar, learned senior counsel ..... termed as 'vcvl') was an ingenuine transaction and, therefore, disallowed the deduction of interest on borrowed capital and then directed addition of the amount under section 68a (68) of the it act. the cit(a) had affirmed the order of the ao and had held that the explanation was not satisfactory and despite opportunity being given, the .....

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Mar 10 2003 (HC)

Felu Chandra Das Vs. Mahesh Prasad Singh

Court : Kolkata

Decided on : Mar-10-2003

Reported in : 2004(4)CHN248

..... that the learned chief judge, presidency small causes court at calcutta had erroneously held that the application filed by the plaintiff under section 41 of the presidency small cause courts act is not maintainable before the presidency small causes court. the finding of the learned chief judge on the point of maintainability therefore ..... court depending on valuation. the learned chief judge, therefore, on the ground of maintainability rejected the application of the plaintiff filed under section 41 of the presidency small cause courts act.3. this court, however, while deciding the earlier revisional application being c.o. no. 1521 of 2002 specifically held that the ..... chief judge ultimately, held that the suit by licensor against a gratuitous licensee is not.....before the presidency small cause court under section 41 of the presidency small cause courts act and relying on the decision of the division bench of the judgment reported in : air2001bom470 observed that the suit should have been .....

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Mar 03 2003 (HC)

Jiten Bouri Vs. State of West Bengal

Court : Kolkata

Decided on : Mar-03-2003

Reported in : (2003)2CALLT457(HC),II(2003)DMC774

..... light and taking into consideration, the further fact and the allegation to the effect that the marriage was held in contravention of the age limits as per section 5(3) of the hindu marriage act, 1955, the same also cannot plainly be regarded as the void marriage and at best it is a voidable marriage. so, during the subsistence of ..... the marriage tie as per the provisions of section 6 of the hindu minority and guardianship act, 1956, the present petitioner is entitled to custody of wife who is also very much willing to go to her place.22. sri moitra has ..... the learned sessions judge, the present revisional application has been filed with the prayers as mentioned at the outset alleging that as per the provisions of section 60 of the hindu guardians and minority act, 1956, even if it is assumed without admitting that she was a minor, the husband was a natural guardian and such being the position, .....

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Feb 27 2003 (TRI)

Anand and Company Vs. Acit

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Feb-27-2003

Reported in : (2004)89ITD125(Kol.)

..... for a particular year becomes, by legal fiction, part of the depreciation allowance for the succeeding year. in the light of the provisions contained in section 323(2) of the act it is well-settled that for claiming set off of unabsorbed depreciation in a succeeding year, the continuance of the business in relation to which such ..... hearing on 23-3-98. having received the show cause notice under section 263 of the act the assessee submitted a reply in writing vide its letter dated 23-3-98 saying that the adjustment of unabsorbed depreciation has been rightly done by the ..... of the present partnership (sic) by the a.o. was erroneous and prejudicial to the interest revenue. he, therefore, issued a show cause notice under section 263 of the act to the assessee as to why the assessment made by the a.o. should not be rectified by disallowing set off of brought forward unabsorbed depreciation fixing the .....

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Feb 26 2003 (HC)

Commissioner of Income-tax Vs. Tasati Tea Ltd.

Court : Kolkata

Decided on : Feb-26-2003

Reported in : (2003)183CTR(Cal)64,[2003]262ITR388(Cal)

..... of fresh capital unless it is utilised for the purpose of expanding the plantation. 10. with this observation, we dispose of this reference as above. 11. all parties are to act on a xerox signed copy of this dictated order on the usual undertakings. maharaj sinha, j. 12. i agree.

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