Court : Kolkata
Decided on : Jul-09-1975
Reported in : [1976]38STC163(Cal)
..... a priori standards unrelated to the facts and circumstances of a situation, which occasioned the legislation.26. the bengal finance (sales tax) act was enacted in 1941. section 4 of the west bengal taxation laws (amendment) act, 1968, and the act which replaced it, by giving retrospective operation to the definition of 'business' has sought to impose fresh taxes on ..... . this is borne out by the objects and reasons in support of the west bengal taxation laws (amendment) act, 1968 -- where the reasons for the amendment were stated to be the need for additional resources for financing the development schemes of west bengal and also to meet the vast increase of commitments in the non-plan budget ..... that is to say, during the year ending on 31st december, 1964, no tax could be levied on the petitioners under the provisions of the bengal finance (sales tax) act, 1941, in respect of the said sales as the petitioners did not carry on any business by sale of the said commodities. it was contended by .....
Tag this Judgment!Court : Kolkata
Decided on : May-14-1975
Reported in : [1975]36STC98(Cal)
..... firm' has been deleted by the legislature from the definition of 'dealer'. therefore, it follows that a firm as such is not a dealer under the bengal finance (sales tax) act, 1941.12. accordingly, the dissolution of partnership has got nothing to do with regard to assessment of the two brothers as dealers even though their partnership had ..... view, the principle as laid down by the supreme court in additional tahsildar, raipur v. gendalal [1968] 21 s.t.c. 263 (s.c.) has got no application with regard to assessment of a firm under the bengal finance (sales tax) act, 1941, because apart from persons constituting the firm, the partnership-firm has got no legal entity under ..... definition of 'dealer' under section 2(c) of the bengal finance (sales tax) act, 1941, and (b) whether a dissolved firm can be assessed to sales tax under the bengal finance (sales tax) act, 1941, in view of the decision of the supreme court in additional tahsildar v. gendalal [1968] 21 s.t.c. 263 (s.c.).2. the petitioner .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-12-1975
Reported in : [1977]107ITR123(Cal)
..... applies as do not exceed six per cent. per annum on the capital employed in the undertaking or hotel, computed in the prescribed manner.'8. by the finance (no. 2) act, 1967, sub-section (1) was substituted by the following :'(1) save as otherwise hereinafter provided, income-tax shall not be payable by an assessee on ..... in cases to which the explanation to section 84 applies.' 10. as a result of the amendment effected by the finance (no. 2) act, 1967, these amendments in section 84 were effective for the prescribed period and from 1st april, 1968, section 84 stood repealed and section 80j was introduced. section 80j provides as follows : .'80j. deduction in ..... undertaking, or business or ship, computed in the prescribed manner.'9. the said provision came into effect from 1st april, 1967, and was effective upto 1st april, 1968. rule 19 of the income-tax rules, 1962, was introduced for the purpose of working out the computation of capital in such industrial undertakings. the said rule 19 .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-18-1975
Reported in : AIR1976Cal178
..... the constitution. the search was conducted by virtue of an authorisation issued by the respondent no. 1 assistant director, enforcement directorate, ministry of finance under section 19-d of the foreign exchange regulation act, 1947. as a result of that search certain documents were seized. i am told that after the seizure, there was an adjudication proceeding ..... , the 13th may, 1961, there was a search at the premises no. 11, clive row, calcutta and the search continued on the 14th and 15th may, 1968 and certain documents and papers were seized. the propriety of the search and the validity of the seizure are the subject-matters of challenge in this application under article ..... ex parte an award was made in favour of the new central jute mills co. ltd. for information given in 1966 search in 1968 cannot be justified. for formation of belief in 1968 that documents were secreted or likely to be secreted it is not proper to refer to transactions or information which came into possession two .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-24-1975
Reported in : [1976]37STC382(Cal)
..... same was permanent in nature subject to the power of further amendment by the parliament. in the result, i hold that after the above amendment by the finance act, 1966 (act 13 of 1966), the power of the west bengal state legislature to impose sales tax on sale of declared goods inside the state was subject to the limitation ..... and balfour ltd. v. commissioner of income-tax, west bengal [1955] 27 i.t.r. 389, and hold that the provisions of section 51(b) of the finance act, 1966, were intended to form part of the general law of this country. neither expressly nor by necessary intendment the substitution of the words 'three per cent' in ..... i.t.r. 389, considered the above questions in relation to the finance act, 1945, and laid down :the finance acts, though annual acts, are not temporary acts. if certain provisions in the acts are limited to the particular assessment year, it is not because the act itself is a temporary act, limited for all purposes to a single year, but because the particular .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-14-1975
Reported in : [1977]39STC184(Cal)
..... , notice under section 14(1) of the bengal finance (sales tax) act, 1941, dated 15th january, 1971, was issued, which is the subject-matter of challenge.6. counsel for the petitioner contended that there cannot be any ..... as such for sale of the goods specified in schedule i appended to the bengal finance (sales tax) act, 1941, provided the price of such containers or packing materials is not separately charged for by the dealers....5. in the premises, as mentioned hereinbefore ..... it was, inter alia, stated as follows:having taken into consideration the difficulties of the traders dealing in goods included in schedule i of the bengal finance (sales tax) act, 1941, government have been pleased to decide that, until further orders, no tax will be levied on sales of the containers and packing materials supplied .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-11-1975
Reported in : [1977]108ITR412(Cal)
..... that the rebate under part i-b of the first schedule to the finance act of 1955 should have been allowed as section 23a could not have been applied in the case of the assessee in the assessment year concerned. it was contended ..... not give the rebate at the rate of re. 0-1-0 in the rupee which was available under part i-b of the first schedule to the finance act of 1955 which would have been allowable if it was held that section 23a was not applicable.6. the assessee appealed to the appellate assistant commissioner and contended ..... in the instant case is between fixed assets and current assets and not between fixed capital and circulating capital. the statement of law in buckley (buckley on the companies acts), noted above, is clear on the point. while distinguishing between fixed assets and current assets no distinction has been made by the learned author between an investment company .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-22-1975
Reported in : [1975]36STC575(Cal)
..... thereupon.3. the petitioner-company being aggrieved by the said assessment order dated 8th june, 1966, preferred an appeal under section 20(1) of the bengal finance (sales tax) act, 1941. the assistant commissioner, commercial taxes, calcutta (south) circle, dismissed the said appeal. the assistant commissioner upheld the views of the commercial tax officer ..... in this writ petition has, inter alia, prayed that the above assessment order dated 8th june, 1966, and also the appellate order dated 19th march, 1968, be quashed, and the respondents be commanded to forbear from demanding and realizing sales tax on the basis of the said impugned assessment order. according to ..... accordingly make this rule absolute. let a writ of certiorari be issued quashing the impugned assessment order dated 8th june, 1968 (annexure d to the petition), and the appellate order dated 19th march, 1968 (annexure e to the petition). let a writ of mandamus be issued commanding the respondents to forbear from making any .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-03-1975
Reported in : [1978]112ITR592(Cal)
..... to be investigated by the revenue authorities.' 14. mr. pal has commented that the purpose of introducing the explanation in section 271 of the income-tax act by the finance act of 1964 is to provide that where the income returned by an assessee is less than eighty per cent. of the assessed income, the assessee shall be ..... thereof and be liable to penalty accordingly, unless he furnishes evidence to prove his bona fides in the matter. in this connection mr. pal has referred to the finance bill of 1964 as contained in the statute portion of [1964] 51 itr 21 of the said report. he has drawn my attention to clause 40 of ..... can assume jurisdiction to initiate penalty proceedings or before any penalty proceedings can be initiated by the appropriate authority. unlike the provisions contained in section 147 of the act for the purpose of reopening an assessment, no condition precedent is prescribed by the statute the fulfilment of which is imperative for assumption of jurisdiction for initiation .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-08-1975
Reported in : [1977]107ITR559(Cal)
..... or by any tax deducted at source, as the case may be.' 2. it appears that as a result of the amendment by the finance act, 1972, the provisions of section 139 were altered after 1st of april, 1972. the said provisions were to the following effect:'139. ( ..... filed any return before the making of the assessment, interest as contemplated under sub-section (1) of section 139 of the income-tax act, 1961, cannot be charged. the position, however, is different since 1st of april, 1972. i am fortified in this view by ..... he found that no return had been filed for the assessment years 1967-68 and 1968-69. the receiver had received a notice under section 139(2) of the income-tax act, 1961. as he was unaware of the true position he applied for time to enable ..... j.1. this is an application challenging the assessment made under section 144 of the income-tax act, 1961, for the assessment years 1967-68 and 1968-69. the assessee is national hotel which runs a popular eating house in calcutta known as dilkusha .....
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