Court : Kolkata
Decided on : Jan-10-1974
Reported in : 78CWN561,[1974]96ITR562(Cal)
..... the sum payable by the petitioner as determined by the commissioner under sub-section (3) of section 24 of the said finance act. once that power is exhausted by issuing a demand notice for the tax under section 156, there is no provision under the said finance act to issue a further, demand notice under section 156 for payment of interest.5. the point seems to be of ..... 1965 the income-tax officer has no power, authority and/or jurisdiction to invoke section 220(2) of the income-tax act, 1961, in respect of the amount of tax payable under the said finance act and the provisions contained in section 220(2) of the said act can be invoked only by the commissioner of income-tax and none else.3. provisions of chapter xvii .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-08-1974
Reported in : [1974]34STC98(Cal)
..... finding the only course open to the commercial tax officer was to cancel the dealer's registration certificate under section 7(6)(a) of the bengal finance (sales tax) act, 1941. section 7(6)(a) of the act is in these terms: section 7. (6) when-(a) any business in respect of which a certificate has been granted to a ..... carrying on the business and another before cancellation of his registration certificate when it is found that the dealer has discontinued the business. section 7(6)(a) of the bengal finance (sales tax) act, 1941, clearly provides that after it is found that the dealer has discontinued the business his registration must be cancelled, no option ..... chitpur road, calcutta.you are hereby informed that as desired by the commissioner, commercial taxes, your file under the bengal finance (sales tax) act, 1941 (r.c. no. cl/2350a) has been transferred to this section and i have assumed jurisdiction over the said file.i have information that you are not carrying on any business. you are .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-19-1974
Reported in : AIR1975Cal48
..... produce some evidence on the basis of which he had made the aforesaid allegation against the petitioner firm. on april 26, 1968 there were two authorisationsissued under section 19-h and section 19 (2) of the foreign exchange regulation act by the deputy controller. reserve bank of india, in favour of one shri j. ranganathan rao, assistant controller of ..... of u. s. dollars 104 due to him at the prevalent rate. this allegation of mr. bayliss was contained in a letter dated january 22, 1968 written to the finance minister, government of india, wherein he had stated that in the interest of india tourism action should be taken to rectify such conduct. in paragraph 5 ..... of the petition it has been stated that in a letter dated february 6, 1968 the reserve bank of india informed the petitioner firm about the allegation made .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-21-1974
Reported in : 78CWN919,[1976]102ITR616(Cal)
..... by the petitioner-company was made on the correct basis. this calculation has to be made with reference to the provisions of section 85a which has subsequently been repealed and re-enacted in section 80m, which was introduced by the finance act, 1966. it provides, inter alia, as follows :'where the total income of an assessee being a company includes any income by way ..... rs. 16,11,507 and the income-tax thereon was 17% being the rate fixed by the relevant finance act. the capital gains of the petitioner-company amounted to rs. 24,09,289 and in accordance with the provisions of section 115 of the income-tax act, 1961, the company was liable to pay tax on the capital gains at the rate of 30 ..... as a result of the sale of 2,14,174 shares of rs. 10 each to vazir sultan tobacco co. ltd. on the 15th of february, 1968, an order was passed under section 154 of the act on the ground that there was a mistake in the calculation of tax. in the said order in recomputing the tax, the tax on dividend income .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-28-1974
Reported in : [1974]34STC30(Cal)
..... within seven days from date the seized documents of the petitioner as per seizure list. the impugned notice dated 11th june, 1973, issued under section 14(1) of the bengal finance (sales tax) act, 1941, by respondent no. 8 is also quashed. the respondents, however, will have liberty to start fresh proceedings against the petitioner in ..... article 226 of the constitution and obtained the present rule.3. mr. chatterjee, appearing in support of the rule, contended that under section 14(3) of the bengal finance (sales tax) act, 1941, the commissioner is required to record reasons in writing of his suspicion that any dealer is attempting to evade payment of any ..... , however, refused to release the books. thereafter on 11th june, 1973, a notice under section 14(1) of the bengal finance (sales tax) act, 1941, was served upon the petitioner by respondent no. 8, commercial tax officer2. (central section), by which the petitioner was directed to produce all books of account since the inception of the .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-06-1974
Reported in : AIR1975Cal286
..... liability by independent transaction like a promissory note or cheque or other independent engagement completely dissociated from the mortgage, then he is not within the meaning of section 68, sub-section (1-a), t. p. act, as i construe it nor within the principle that security should be called up first before personal liability is enforced.' therefore, i am unable to accept ..... he made demands repeatedly but could not get the money. he caused notice to be sent by his solicitor messrs. b. n. basu which was dated the 19th of june, 1968 and marked ext. f. the plaintiff claimed rs. 83,620.50 being the amount of the loan together with interests thereon at 6 per cent, per annum. in cross- ..... payment to the knowledge of the defendant no. i. the plaintiff claims interest at the rate of 6 per cent, per annum from the 6th july, 1965 upto 24th june, 1968. the total claim amounting to re. 88,362.50. 2. written statements were filed on behalf of both the defendants. the defendant no. i's case is that the .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-12-1974
Reported in : [1977]39STC206(Cal)
..... .1. this rule is directed against a notice dated 15th june, 1970, issued by the commercial tax officer, siliguri, under section 20a of the bengal finance (sales tax) act, 1941, hereinafter referred to as the act. it has been alleged in the notice that in the returns for the first, second and third quarters of the ratha jatra ..... of which before the word 'proceedings', in my opinion, clearly indicates more than one proceeding. an appeal, a revision and a review under section 20 of the act are undoubtedly proceedings under the act. if the words 'any proceedings' are construed as contended on behalf of the petitioner, then the proceedings by way of an appeal, revision ..... . the copies of the returns have been annexed to the writ petition and marked collectively with the letter 'a'. thereafter, the said notice under section 20a of the act was served upon the petitioner. pursuant to the said notice, the petitioner's advocate appeared before the commercial tax officer and submitted that there was no .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-15-1974
Reported in : [1976]105ITR819(Cal)
..... computation or recomputation should and can only be done in accordance with law. it was, therefore, urged that in accordance with the provisions of law and the relevant section of the finance act, 1958, the correct rate of tax was calculated and the assessee was not entitled to the rebate on his entire income at 30%. it was not expected, ..... naturally to be reduced and the revised total income was rs. 1,89,869. the income-tax officer, however, found that in accordance with the provisions of the finance act, 1958, the assessee was not entitled to rebate at 30% on its entire income. the assessee was entitled to certain reduced rebate which is indicated in the order ..... it was urged, that the income-tax officer would calculate the tax not in accordance with law but in violation of the same. under section 35 of the indian income-tax act, .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-22-1974
Reported in : AIR1975Cal45
..... parties to the marriage is competent to remarry, and it must be deemed to have a spouse living at the time of the marriage within the meaning of section 5(1) of the act. it is conceded by both the parties that such marriage will be a nullity.5. in that view of the matter, in our opinion, the marriage ..... argument. a question arose as to status of the children of the parties. the appellant, the father of the children showed some anxiety on this question. section 16 of the hindu marriage act, 1955, is relevant on the issue and according to this provision the children of the void marriage between anjali and biswanath would be deemed to be their ..... -appellant denied all the allegations made against by the wife. it is further stated that the application for judicial separation is not maintainable in view of section 30 of the special marriage act. 1954 as there was no marriage between the petitioner and the respondent in the eye of law as the same was solemnised within the prohibited period .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-02-1974
Reported in : (1976)5CTR(Cal)301
..... orders are the subject matters of challenge in this application under article 226 of the constitution.2. under the scheme of the bengal finance (sales tax) act, 1941 hereinafter referred to as 1941 act transactions or sales in respect of all commodities except those which are specified in the first column of schedule i are taxable but ..... books, drawing books, graph books, ruled paper and graph from the taxable turnover of a dealer, under section 4 of the 1941 act. counsel for the petitioner submitted that unless these articles came within the purview of 1941 act there was no scope of excluding them from the gross taxable turnover. in the premises, it was urged ..... notification; whatever was not notified or specified would not come within the purview of 1954 act. whatever did not come within the purview of 1954 act would come within the purview of 1941 act, subject the exclusive under sec. 6 of the 1941 act. a taxing statute and its provisions should be strictly construed so that its incidence .....
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