Court : Kolkata
Decided on : May-08-1978
Reported in : [1979]116ITR940(Cal)
..... issue of the notice the period of eight years specified in that sub-section before its amendment by clause (a) of section 18 of the finance act, 1956 (18 of 1956), had expired in respect of the year to which the notice relates.' 7. mr. pal next drew our attention ..... sanjoy bhattacharya, as 'amicus curiae', has drawn our attention to several amendments introduced in section 34 of the indian i.t. act, 1922, from time to time.11. prior to the finance act, 1956, the said section read, inter alia, as follows :'34. income escaping assessment.--(1) if- (a) the income ..... years specified in that sub-section before its amendment by clause (a) of section 18 of the finance act, 1956 (18 of 1956), had expired in respect of the year to which the notice relates.'14. by section 4 of the ..... as may be, apply accordingly as if the notice were a notice issued under that sub-section.' 12. by the finance act of 1956 the said section was amended and the words 'within eight years' were deleted and the old proviso was .....
Tag this Judgment!Court : Kolkata
Decided on : May-12-1978
Reported in : AIR1978Cal449
..... not relevant and do not advance the plaintiff's case to any appreciable extent and in any event is hit by illustration (n) of section 73 of the indian contract act. for the reasons as stated above, the preliminary issue is answered in the affirmative and in favour of the defendant. the plaintiff having conceded that its claim for rs. 1 ..... particular day, breach thereof did not entitle the payee to recover anything more than the principal sum and interest. he cited illustration (n) to section 73 of the indian contract act, which reads:-- (n) a contracts to pay a sum of money to b on a day specified a does not pay the money on that day. b in consequence of ..... that the defendant would be liable for any damages for mere non-payment of money due. he drew the attention of the court to section 73 of the indian contract act which reads as follows : '73. compensation for loss or damage caused by breach of contract -- when a contract has been broken, the party who suffers by such breach is entitled .....
Tag this Judgment!Court : Kolkata
Decided on : May-23-1978
Reported in : [1979]43STC96(Cal)
..... of the finance act, 1956, proviso (iii) was amended and the period of one year was extended to two years from the end of the assessment year and the income-tax officer sought recourse ..... 34 was barred because a notice of assessment or reassessment under proviso (iii) to section 34(1)(b), as it stood prior to its amendment by section 18 of the finance act, 1956, could not be issued after the expiry of one year from the end of the year of assessment and this period expired on 31st march, 1956. by section 18 ..... a foreign party under section 43 within two years from the end of the year of assessment. but the authority of the income-tax officer under the act before it was amended by the finance act of 1956 having already come to an end, the amending provision will not assist him to commence a proceeding even though at the date when he issued .....
Tag this Judgment!Court : Kolkata
Decided on : May-23-1978
Reported in : [1982]50STC126(Cal)
..... in respect thereof:provided further that where any such accounts, registers or documents were seized more than one year before the date of commencement of the bengal finance (sales tax) (amendment) ordinance, 1973, such accounts, registers or documents may be retained for a further period of three months from the date of such ..... m/s. ogarhmull choudhury and company of 26, burtolla street, calcutta-7 (unregistered), attempted to evade payment of tax under the bengal finance (sales tax) act, 1941, we have seized the following accounts and records of the said dealer from sri ogarhmull choudhury, partner, under section 14(3) of the said ..... august, 1973, made under section 14(3) of the bengal finance (sales tax) act, 1941 (hereinafter referred to as the said act).2. the petitioner, ogarhmull choudhury and company (hereinafter referred to as the said petitioner), is a firm duly registered under the indian partnership act, 1932, with its partners, ogarhmull choudhury and bimal kumar choudhury. .....
Tag this Judgment!Court : Kolkata
Decided on : May-26-1978
Reported in : [1979]119ITR629(Cal)
..... -tax officer accepted the quotations of the stock exchange. more than a year later, the director of inspection (investigation), of a special cell of the ministry of finance addressed a letter to the commissioner of income-tax, giving details of the investigation and findings of the directorate about the share transactions of c.i.i. ltd. ..... of calculating the net wealth. such special cell of the directorate concerned appears to have been set up in or about august, 1972, under the ministry of finance, for collecting and supplying information and to have a research into the techniques of evasion/avoidance of taxes which they made by certain investigations from january, 1973, ..... and necessary action'. on march 29, 1973, the wealth-tax officer issued notice to the trust under section 17 of the wealth-tax act for reopening the assessment for the assessment year 1968-69; thereupon, the trustees of the trust filed an application under article 226 of the constitution and obtained a rule nisi. it was .....
Tag this Judgment!Court : Kolkata
Decided on : May-30-1978
Reported in : AIR1978Cal431,82CWN979
..... the mother would be disinherited if she remarried. in the case before their lordships, it was held that inheritance would be governed by the provisions of the hindu succession act. mr. roychowdhury relies on certain observations of their lordships, namely. 'we will, however, assume for the sake of argument that as wife of madhua, kasturi might ..... ground analogous to disease, defect or deformity. according to mr. roychowdhury there is no specific provision in the hindu succession act by which the disqualification to inherit on the ground of unchastity can be said to have been removed. it is the admitted position that unchastity of a widow ..... 28 provides that no person shall be disqualified from succeeding to any property on the ground of any disease, defect or deformity or save as provided in this act on any other ground whatsoever. it is contended by mr. roy chowdhury that the expression 'on any other ground whatsoever' mentioned in section 28 must be such .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-02-1978
Reported in : [1978]115ITR465(Cal)
..... that no income was shown under the head ' income from property ' in the return of the income for the assessment year 1969-70, though for the assessment year 1968-69 a part of it had been shown. according to the assessee, in the particulars of income with the statement annexed for the relevant year, the assessee had indicated ..... as also on the materials of original assessment revealed by more careful and closer investigation. there the supreme court observed that section 34(1)(b) of the 1922 act would apply in the following cases :(i) that the information is as to the true and correct state of law derived from relevant judicial decisions;(ii) where in ..... the subject-matter of challenge in this application under article 226 of the constitution is a notice dated 4th january, 1974, issued under section 148 of the i.t. act, 1961, for the assessment year 1969-70. it appears that the original assessment was completed some time in february, 1972. prior to the completion of the original assessment, .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-05-1978
Reported in : 1979CriLJ534
..... chinsurah, hooghly. the fourth petitioner is described as the general manager and the fifth petitioner is manager of the cinema house. the inspector under the minimum wages act visited the establishment of the cinema industry of which the present petitioners are the partners and general manager and cinema manager respectively on the 4th of april, 1977 ..... . he noticed certain contraventions of the provisions of the minimum wages act, 1948 and he served notices on the petitioners on 23-4-77 who are employers, according to him, in respect of the employees of the cinema ..... form u which is maintained under the shops and establishment rules, 1964. therefore, taking form m and form u together all the requirements of the minimum wages act are satisfied. accordingly i think the present prosecution is misconceived. it has been pointed out by mr. banerjee that the notice that was issued to the petitioners .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-08-1978
Reported in : [1979]116ITR868(Cal)
..... the same. pursuant thereto the assessee started the work in 1964, but before the same could be completed the contract was terminated in 1967. on the 7th november, 1968, a settlement was arrived at by and between the assessee and the hindusthan steel ltd. whereunder the assessee received the following amounts for works done up to the date ..... . consisted of delivery of plant and equipment, etc., outside india on f.o.b. basis, and the profits in respect thereof were not taxable under the i.t. act, 1961. in the assessment year 1965-66, the ito negatived such claim. the assessments in the subsequent years were made accordingly on year-wise receipt and expenditure. 3. ..... question was a single indivisible contract. the tribunal upheld the contentions of the revenue. 7. on the applications of the assessee under section 256(1) of the i.t. act, 1961, the tribunal has drawn up a statement of case and has referred the following questions as questions of law arising from its aforesaid order : '1. whether, .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-08-1978
Reported in : [1980]50CompCas202(Cal)
..... roy's case, air 1920 cal 72, the decision in kitson 6 co. ltd., in re [1946] 1 all er 435, seth mohan lal v. grain chambers ltd. : [1968]2scr252 , taldua rubber co. ltd., in re [1946] 2 all er 763 and also cited a decision in cit v. bharat nidhi ltd. , in support of the contention that ..... .e., unable to pay its debts, and in the. case of a banking company the court shall wind up the company. interpretation before the amendment of the banking regulation act by introducing the word 'notwithstanding' has practically made no difference in its effect and the decision in dwarkadas agarwalla v. dharam chand jain : air1954cal583 , in my view, regarding ..... business. therefore, mr. nag submitted that, on the face of the company's own admission in the balance-sheet read with the provisions of the banking regulation act, it must be held prima facie that the company has suspended its business since the banking business together with its assets and liabilities were transferred for consideration to the .....
Tag this Judgment!