Court : Kolkata
Decided on : Feb-06-1978
Reported in : AIR1978Cal235,82CWN617
..... even to amount to an averment of fraud of which any court ought to take notice.10. he further referred to the decision in ningawwa v. byrappa, : [1968]2scr797 in which the court restated the established proposition of law that a contract or other transaction induced or tainted by fraud is not void, but only voidable at the ..... as the unrebutted evidence establishes, the plaintiff assured that the impugned letter would never be utilised to the detriment of the defendant which as the plaint indicates was an act of deception. it could also be said that in the context of the relationshipbetween the parties as landlord and tenant there was nothing unusual for the defendant to ..... a valid notice of surrender of the tenancy, the same, by reason of fresh notice allowing the tenancy to continue beyond the date of expiry, was not accepted or acted upon by the plaintiff and the original tenancy was treated as subsisting, as before though validly determined by the notice of oct. 6, 1965. 16. the plaintiff .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-07-1978
Reported in : [1980]123ITR172(Cal)
..... materialised into an actuality. accordingly, the assessee could not be reasonably expected to have declared a larger dividend, (d) cit v. bangodaya cotton mills ltd. : [1968]69itr812(cal) the facts in this case were that in two assessment years the assessee who had substantial distributable surplus declared some dividend, after the lapse of the ..... the taxation authorities.' (g) cit v. jananamandal ltd. : [1977]106itr976(all) . in this case, in proceedings initiated under section 23a of the indian i.t. act, 1922, the assessee sought to justify non-distribution of any dividend from its distributable surplus, in the relevant assessment years, on the grounds that, (a) it was under ..... when the dividends were passed by the general body, the said loss was rightly taken into account.9. the tribunal held that under section 104 of the act, expenses which had been incurred or had accrued wholly or exclusively for the purpose of business during the previous year could be taken into account in determining .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-13-1978
Reported in : [1979]117ITR452(Cal)
..... , the assessee, who was a tobacco manufacturer, used to purchase large quantity of tobacco leaf in the united states through its buying organisation in that country. to finance the purchases and expenses the assessee used to buy and accumulate dollars each year before the commencement of the tobacco leaf season. at the outbreak of war in september ..... rupee. the assessee claimed that the surplus or profit was in the nature of a windfall having nothing to do with its business. it was solely due to an act of the government and was, therefore, not liable to tax. the revenue authorities rejected such contention. on a reference, the high court distinguished canara bank ltd. : ..... v. nainital bank ltd. : [1965]55itr707(sc) , this court rejected the claim of the assessee and held that devaluation was an act of the state and also that of a sovereign power. such an act was extrinsic to and had no connection with the business of the assessee who, therefore, could not claim a business loss. the court .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-03-1978
Reported in : [1979]116ITR416(Cal)
..... so as to pinpoint the real issue. in support of his contentions mr. b.l. pal cited a decision of the supreme court in cit v. smt. annsuya devi : [1968]68itr750(sc) . 11. mr. pranab pal in reply cited cit v. burmah shell oil storage and distribution co. of india ltd. : [1978]115itr891(cal) , where it ..... therefore, the appellate assistant commissioner cannot travel beyond the subject-matter of the assessment. in other words, the power of enhancement under section 31(3) of the act is restricted to the subject-matter of assessment or the source of income which have been considered expressly or by clear implication by the income-tax officer from the ..... empowered to make such further enquiry as he thought fit and also had power to confirm, reduce, enhance or annul the assessment and, therefore, in the instant case, he acted within his jurisdiction. in support of his contentions mr. b.l. pal cited cit v. rai bahadur hardutroy motilal chamaria : [1967]66itr443(sc) , where the following observation .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-28-1978
Reported in : AIR1978Cal472
..... at least on the second occasion. 15. the new proviso has been interpreted by p. n. mookerjee, j. in the bench decision in gour dev mukherjee v. purnima devi, (1968} 72 cal wn 155. delivering the judgment of the court, the learned judge said at p. 156 of the report : '.....under this new or altered proviso, the tenant would not ..... tenant has first contended that the learned judge was not right in his decision that tenant is not entitled to relief against forfeiture under section 114 of the t. p. act. he has also contended that the decision of the learned judge with regard to mesne profits was erroneous. on the third day of argument, however, mr. mitter has taken ..... the contention regarding the validity of the notice, but raised the point that relief against forfeiture for non-payment of rent be granted under section 114 of the t. p. act. 1882. the suit was tried on the following issues : 1. is the plaintiff entitled to mesne profit? if so, at what rate 2. is the defendant entitled to relief .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-15-1978
Reported in : [1980]121ITR976(Cal)
..... [1977]108itr417(guj) , he submits that we should follow it in which the gujarat high court has differed from the case of cit v. ram rakshpal, ashok kumar : [1968]67itr164(all) , decided by the allahabad high court. he further submits that we should differ from the case of addl. cit v. p. l. karuppan chettiar : [1978 ..... his death an interest in a mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members and not in accordance with this act.23. this section uses the words ' mitakshara coparcenary property ' and not the words ' joint family property '. the mitakshara rule of survivorship conies into play ..... they have inherited these two house properties in equal shares along with their mother, brothers and two other married sisters under section 8 of the hindu succession act, 1956. these female heirs have relinquished their interests in these two house properties in favour of iswardas and, therefore, they ceased to have any claim .....
Tag this Judgment!Court : Kolkata
Decided on : May-04-1978
Reported in : [1979]119ITR698(Cal)
..... the matter is concluded by the decision of the supreme court.20. mr. pal also drew our attention to another decision of this court in cit v. abhijit sen : [1968]68itr23(cal) . the facts of this case were that the assessee, his brother and his father were all shareholders in a private limited company. on a certain date, the ..... . 9. to appreciate the controversy in the instant case, it is necessary to keep in view the relevant statutory provisions which, inter alia, are as follows : indian income-tax act, 1922. ' section 16. exemptions and exclusions in determining the total income.--(3) in computing the total income of any individual for the purpose of assessment, there shall be included- ..... the relevant time being identical with that of section 16(3)(a)(iii) of the earlier act, the decision of the supreme court in the case of c.m. kothari : [1963]49itr107(sc) and of this court in the case of abhijit sen : [1968]68itr23(cal) put an end to the controversy in the matter before us. it appears to .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-08-1978
Reported in : [1978]114ITR939(Cal)
..... additional commissioner of income-tax, west bengal-i, calcutta, for passing fresh orders under section 263 of the income-tax act, 1961, after making further investigation ?'2. we are concerned in this case with the assessment years 1968-69 and 1969-70, relevant accounting years being the year ending 30th september, 1967, and 30th. september ..... interested. the additional commissioner of income-tax, west bengal-i, thereafter passed an order for the two years under consideration under section 263 of the income-tax act, 1961, because, in his opinion, the two assessment orders passed by the income-tax officer were erroneous and prejudicial to the interest of the revenue. the ..... of income-tax with the views of the tribunal and asked the commissioner to consider the advisability of passing an order under section 263 of the income-tax act, 1961. in those circumstances, the question as mentioned hereinbefore has been referred to this court.9. the issue challenges the jurisdiction of the tribunal to .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-31-1978
Reported in : [1980]50CompCas381(Cal)
..... reputation and is running a chain of five-star hotels in india, as stated above, which naturally involves large sums of money and for raising adequate finance the company had to accept such deposits. the company, it appears has foreign collaborations and acquired technical know-how and expertise for running big hotels, both ..... . in the said supplementary affidavit the petitioners have annexed a chart showing the ceiling on the deposits as actual position from the commencement of the companies (amendment) act, 1974, wherefrom it appears that admittedly there were certain excess deposits under rule 3(2)(ii) and rule 3(3) of the companies (acceptance of deposits) ..... the steps the company took pending the disposal of the representation application before the central government for exemption to be granted under section 58a, of the companies act, 1956. the said representation for exemption asked for several prayers being granted which are set out in para. 11 and various sub-paragraphs of the .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-30-1978
Reported in : [1979]120ITR110(Cal)
..... . might have utilised the advances, the purpose of the assessee in giving the said advance was the supply of raw materials. the assessee submitted that additional finances were made available to the supplier so that new quarries may be opened up.28. on the consideration of the entire transactions, the tribunal came to the ..... engineering concern and manufactured boilers, machinery parts, wagons, etc. in the assessment years in question the assessee claimed exemption from tax under section 15c of the act in respect of profits and gains derived from its steel foundry division which was started in the assessment year 1958-59 and continued thereafter. in the assessment ..... and the aac held that the undertakings were expansions and reconstructions of the existing business and the assessee was not entitled to relief under section 15c of the act, the tribunal, however, allowed the appeal of the assessee and accepted the claim for such exemption. the high court found that the assessee, instead of .....
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