Court : Kolkata
Decided on : Jan-29-2003
Reported in : [2003]262ITR177(Cal)
..... of the seminar for sales promotion held in the previous year 1989-90 was admissible for deduction as business expenditure or an expenditure for entertainment disallowable under section 37(2a) of the said act, as applicable to the assessment year 1990-91. the assessee has not claimed the amounts spent on food and drinks supplied to persons other than ..... drinks to employees and customers, was business expenditure and an allowable deduction from the assessee's business income and not in the nature of entertainment expenditure disallowable under section 37(2a) of the income-tax act ?'r. a. no. 574 (cal) of 1997 :'whether, on the facts and in the circumstances of the case, the tribunal correctly applied the ..... d.k. seth, j.1. two questions have since been referred to this court in this reference case under section 256(1) of the income-tax act, 1961, namely : --r. a. no. 590 (cal) of 1997 :'whether, on the facts and in the circumstances of the case, the learned income-tax appellate tribunal was .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-29-2003
Reported in : (2003)182CTR(Cal)133
..... the customers in course of the seminar for sales promotion held in the previous year 1989-90 was admissible for deduction as business expenditure for entertainment disallowable under section 37(2a) of the said act, as applicable to the asst. yr. 1990-91. the assessee has not claimed the amounts spent on food and drinks supplied to persons other than the ..... food and drinks to employees and customers, was business expenditure and an allowable deduction from assessee's business income and not in the nature of entertainment expenditure disallowable under section 37(2a) of the it act ?'r.a. no. 547(cal) 1997'whether, on the facts and in the circumstances of the case, the tribunal correctly applied the provisions of ..... orderd.k. seth, j.1. two questions have since been referred to this court in this reference case under section 256(1) of the it act, 1961, namely :r.a. no. 590 (cal) 1997'whether, on the facts and in the circumstances of the case, the learned tribunal was justified in law in holding .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-22-2003
Reported in : (2003)182CTR(Cal)274,[2003]261ITR473(Cal)
..... from speculative business contrary to the finding of the tribunal that the loss is not speculative loss ?'2. the ao had disallowed the benefit of the explanation to section 73 of the it act, 1961, to the assessee in respect of the asst. yr. 1989-90 declining to set off the loss in share dealing on the ground that this share ..... is also to be taken into account. loss is also treated as negative profit. the gross total income as defined in section 80b(5) of the said act means the total income computed in accordance with the provision of the act before making any deduction under chapter vi-a. it is also a well-settled proposition that the words 'income', 'profits' ..... . (p) ltd. : [1975]99itr118(sc) and cit v. j.h. gotla in construing the word 'income' in section 16(3) of the it act, 1922. there is hardly any difference in the definition of 'income' in the 1961 act with that of the 1922 act. in the case of eastern aviation & industries ltd. v. cit : [1994]208itr1023(cal) , this court had held that .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Jan-21-2003
Reported in : (2004)88ITD404(Kol.)
..... (sic) or should have not been resident in india in all nine out of the ten previous years preceding that year is wrong interpretation of sub-section (6) of section 6 of the act. in support of his contention the ld. counsel has placed reliance on the commentaries of some learned authors and on an article written by sri s. ..... that) out of ten previous years preceding that year.10. to decide the issue in hand, the scope of total income as defined under section 5 of the act is to be kept in mind. section 5 of the act defines the scope of total income with reference to the different residential status of the assessee, viz. (1) residents and ordinarily residents, ( ..... law. the ld. counsel for the assessee is not able to point out any substantive material or the fact so as to render the initiation of proceedings under section 147 of the act as invalid and without jurisdiction. in fact, no substantive argument has been putforward by the ld. counsel for the assessee on this issue. even in the written .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-17-2003
Reported in : (2003)180CTR(Cal)339,[2003]260ITR55(Cal)
..... within the excluded article provided in the eleventh schedule would be the subject matter of provision under sub-clause (iii) of clause (b) of sub-section (2) of section 32a of the act. therefore, this provision also does not say anything that the plant must be related directly to the manufacturing purpose. the plant must be related to ..... assessee for the assessment year 1985-86. the learned tribunal affirmed the order of the appellate authority. on this the department had sought for reference under section 256(1) of the act on the question referred to above, which has since been referred to this court by the learned tribunal. 9. the question seems to be simple. ..... given by the karnataka and the orissa high courts. we also draw inspiration from the said decisions in order to support our view. section 32(1) : additional depreciation : 11. section 32(1) of the act allows deduction for depreciation of plant (among others) owned by the assessee and used for the purpose of the business as may be .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Jan-16-2003
Reported in : (2003)85ITD133(Kol.)
..... consider the relevant facts and determine for himself whether the commission said to have been paid to the selling agents or any part thereof is properly deductible under section 37 of the act." (p. 440) in the light of the above well settled judicial principles of law, let me proceed to consider as to whether in this case the ..... between the members originally constituting this bench, then point of difference of opinion was referred to honble vice president (kolkata zone) as third member under section 255(4) of the income tax act.in accordance with the majority view after duly taking into account the opinion expressed by the learned third member, we hold that the payment of ..... a difference of opinion amongst the members constituting the bench in regard to the following issues, i was nominated as third member by the honble president under section 255(4) of the income tax act, 1961 : "whether, on the facts and in the circumstances of the case, the payment of service charges of rs. 10,48,895 to .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-15-2003
Reported in : AIR2004Cal145
..... additional tax, provided the owner of such tractor or trailer, as the case may be, complies with the provisions of sub-section (3) of section 4 and section 13 of the west bengal motor vehicles tax act, 1979.'6. it is admitted position that the vehicle in question falls within the classification of vehicles for transportation of goods ..... at the rate specified therein against such vehicle : provided that in the case of a motor vehicle registered outside west bengal whether temporarily (under section 43 of the motor vehicles act, 1988) or otherwise and which is used or kept for use in west bengal temporarily, additional tax shall be payable for every week or ..... of the legislature as regard definition. in order to ascertain the meaning or the definition of 'vehicles' in the act, section 3 being the charging section of the west bengal additional tax and one time tax and motor vehicles act, 1989 can be reproduced hereunder :'3. additional tax.-- (1) every owner of a registered motor vehicle or .....
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 : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Jan-14-2003
Reported in : (2004)84TTJ(Kol.)504
..... held that there was no transfer of the building in favour of the assessee-company and the arrangement being a licence the assessee is entitled for relief under section 15c of 1922 act. it was submitted that the decision of bombay high court in the case of bayer agrochem ltd. (supra) is fully applicable and there being no ..... the corollary is that no lease exceeding one year is created at all.such an instrument, if not registered, cannot be admitted as evidence in view of section 17 of the registration act, either for providing the terms of the lease or otherwise.11. our attention was also drawn to pp. 1040-1041 of mulla's the transfer of ..... which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract. it was submitted that provisions of section 53a of the transfer of property act are not applicable. it was furthermore submitted that delhi high court in the case of cit v. reliance international corporation (p) ltd. (1995) 211 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Jan-14-2003
Reported in : (2004)88ITD363Cal
..... held that there was no transfer of the building in favour of the assessee-company and the arrangement being a licence the assessee is entitled for relief under section 15c of 1922 act. it was submitted that the decision of bombay high court in the case of bayer agrochem ltd. (supra) is fully applicable and there being no ..... corollary is that no lease exceeding one year is created at all.such an instrument, if not registered, cannot be admitted as evidence in view of section 17 of the registration act, either for providing the terms of the lease or otherwise.11. our attention was also drawn to pages 1040-1041 of mulla's the transfer of ..... which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract. it was submitted that provisions of section 53a of the transfer of property act are not applicable. it was furthermore submitted that delhi high court in the case of cit v. reliance international corporation (p.) ltd. [1995] 211 .....
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