Court : Kolkata
Decided on : Feb-25-1987
Reported in : (1987)64CTR(Cal)167,[1987]166ITR636(Cal)
..... bank or a land mortgage bank. ' 17. learned advocate for the assessee submitted that section 199 of the income-tax act, 1961, had been amended with retrospective effect by the finance act, 1968.18. learned advocate for the assessee submitted further that the andhra pradesh high court did not consider the effect of the retrospective ..... amendment introduced in section 199 of the income-tax act, 1961, in smt. batool begum : [1976]104itr642(ap) , which has been ..... certificate furnished under section 203 in the assessment (including a provisional assessment under section 141a), if any, made for the immediately following assessment year under this act: provided that--..... (ii) in any other case, where the dividend on any share is assessable as the income of a person other than the shareholder .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-13-1987
Reported in : (1987)64CTR(Cal)95,[1987]168ITR533(Cal)
..... said decision, the tribunal dismissed the cross-objection of the assessee.8. on an application of the assessee under section 256(1) of the income-tax act, 1961 ('the act'), the tribunal has referred the followingquestion as a question of law arising out of its order for the opinion of this court;'whether the tribunal was right in ..... ltd. : [1979]117itr747(cal) , is an authority for the proposition that under the lease, the assessee obtained a right to property under the transfer of property act, 1882, and such property is a capital asset. the said decision is also an authority for the proposition that the expenditure incidental to the acquisition of the lease would ..... capital asset. without proper registration of the deed of lease, the rights of the assessee could not be said to have been perfected under the transfer of property act and the indian registration act.' 27. (j) empire jute co. ltd. v. cit : [1980]124itr1(sc) : this decision of the supreme court was cited by the assessee for the .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-19-1987
Reported in : (1987)0CALLT52(HC)
..... those observations of the supreme court. the petitioner company is not only a government company as defined in section 617 of the companies act, but is also owned by the central government. it is financed entirely by the union of india and is completely under the control of the central government. in every respect it is thus a ..... must also apply equally where such corporation is dealing with the public, whether by way of giving jobs or entering in to contracts or otherwise, and it cannot act arbitrarily and enter into relationship with any person it likes at its sweet will, but its action must be in conformity with some principle which meets the test ..... become successful in the suit. against the said order the petitioner-company has moved this court in revision along with an application under section 5 of the limitation act and obtained the present civil order.2. it was containded by mr. chowdhury, the learned counsel appearing on behalf of the petitioner-company that the learned munsif .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-17-1987
Reported in : 1988(17)LC229(Calcutta),1987(30)ELT67(Cal)
..... wrapping paper were subject to excise duty @ 22p. per kg. though the former was charged under item 17(3) and the latter under item 17(4) of the tariff. the finance act of 1961 raised the excise duty under item 17(4) to 35p. per kg. with effect from 1-3-61. from march, 1961 to 1st august, 1961, the excise office ..... supreme court vacated the grder-in-appeal as well ]as the order-in-revision and directed that the matter of finding fact should be left to the authority under the act. the proceedings were remitted to the collector for deciding the question whether m.g. poster paper should be assessed as printing & writing paper or as packing & wrapping paper ..... started proceedings for review of the aforesaid orders passed by the appellate collector of central excise and is sued notice under section 36(2) of the central excises and salt act, 1944, as it stood at that time on 15th november, 1974. in that notice addressed to the petitioner company it was alleged that on examination of the records of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Feb-24-1987
Reported in : (1987)21ITD607(Kol.)
..... has been defined in the explanation 2 to section 9(1)(vi). there is no dispute that sub-sections (v) to (vii) with the explanation were inserted by the finance act, 1976 w.e.f. 1-6-1976 whereas the agreement came into effect from 13-9-1960. so there cannot be any doubt that the definition of 'royalty' as ..... profits" as understood in article iii, paragraph (1) of the agreement. he contended that the parliament could not change the definition of 'royalty' by amendment of the act so as to take it outside the purview of "industrial or commercial profits" under article iii of the agreement.in support of this contention he relied on the decision in ..... ] 117 itr 603. this contention was opposed by the departmental representative who contended that an appeal against the order charging interest under sections 215 and 217 of the act is not maintainable. in our opinion, this question is no longer open for decision because this question has been settled by the supreme court in the case of central .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-02-1987
Reported in : (1987)0CALLT241(HC),91CWN985
..... and also includes a room or rooms in an hotel, boarding house or lodging house ;section 2(f) : 'prescribed' means prescribed by rules made under this act;section 2(ff) : 'public purpose' includes providing residential accommodation for employees of the state government where the provision of such accommodation is, in the opinion of the ..... , a.i.r. 1955 hyderabad 203, where a division bench of that high court, while dealing with the acquisition proceeding under the hyderabad land acquisition act has observed that when statutory rights abridging the right of ownership to property have been conferred upon the government, the conditions prescribed by the statute for the ..... west bengal and ors., : air1974cal210 , in which case, the court was considering the effect of non-compliance with the mandatory provisions of the land acquisition act, 1894 and has also observed that section 4(1) is a mandatory provisions and, unless notice is given in accordance with it the entire acquisition proceedings are .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-03-1987
Reported in : [1988]70STC273(Cal)
..... rupees one crore.(4) no dealer shall realise from his purchaser the turnover tax payable by him under this section.7. section 6b was inserted in the bengal finance (sales tax) act, 1941 by an amendment with effect from 1st april, 1979. section 6b makes it clear that it is a tax payable by a dealer 'in addition to ..... schedule i, subject to the conditions and exceptions, if any, set out in the corresponding entry in the second column thereof.'5. the scheme of the bengal finance (sales tax) act is to levy tax on 'all sales effected' of all commodities except which have been specified as tax-free in the first column of schedule i to the ..... in partnership under the name and style of m/s. nityananda bhandar. the petitioners are registered dealers under the west bengal sales tax act, 1954, the bengal finance (sales tax) act, 1941 and also under the central sales tax act, 1956. there is no dispute that the petitioners are dealers in various notified commodities, like flour, suji, atta, soap, sugar, .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-06-1987
Reported in : 1989(20)ECC105
..... 3 which contain the list of commodities whose sales and purchases are to be deducted from the gross turnover of a dealer liable to pay tax under the bengal finance (sales tax) act. in fact, mr. bajoria, appearing on behalf of the writ petitioner-respondents, did not dispute that the said notification was not liable to be struck down and ..... a) of the sale or purchase thereof and such tax shall not be levied at more than one stage. the different clauses of section 5 of the bengal finance (sales tax), act 1941 prescribe the rates of tax payable by a dealer on his taxable turnover. in respect of taxable turnover as representing sale of goods included in schedule ii ..... those specified by the state under clause (ccc), clause (d) of section 5(1) of the bengal finance (sales tax) act] the prescribed rate of sales tax is 11 per cent. entry no. 24 of schedule ii of the bengal finance (sales tax) act is as follows:carpets of all varieties and descriptions.3. in case woollen carpets are 'woolen fabrics' .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-06-1987
Reported in : [1989]72STC56(Cal)
..... 3 which contain the list of commodities whose sales and purchases are to be deducted from the gross turnover of a dealer liable to pay tax under the bengal finance (sales tax) act. in fact, mr. bajoria, appearing on behalf of the writ petitioner-respondents, did not dispute that the said notification was not liable to be struck down and ..... a) of the sale or purchase thereof and such tax shall not be levied at more than one stage. the different clauses of section 5 of the bengal finance (sales tax) act, 1941 prescribe the rates of tax payable by a dealer on his taxable turnover. in respect of taxable turnover as representing sale of goods included in schedule ii ..... those specified by the state under clause (ccc)], clause (d) of section 5(1) of the bengal finance (sales tax) act the prescribed rate of sales tax is 11 per cent. entry no. 24 of schedule ii of the bengal finance (sales tax) act is as follows :carpets of all varieties and descriptions.3. in case woollen carpets are 'woollen fabrics' .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-13-1987
Reported in : 1988(16)ECC125
..... of rule 8 of the central excise rules, 1944, the central government hereby makes the following further amendments in the notification of the government of india in the ministry of finance (department of revenue) no. 71/78-central excises, dated 1st march, 1978, namely:in the said notification,-- (i) in condition (a) of the first paragraph, ..... goods they obtained central excise licence being l-4 no. 1/starch/76 dated 2nd august, 1976 and also complied with all the provisions of the said act and the rules framed thereunder, apart from duly submitting the necessary classification lists in form 1, showing manufacture of all excisable goods falling under tariff item no. ..... the concerned civil rule and from the determinations whereof this appeal has been presented on 19th september, 1984 has claimed to be a company incorporated under the companies act, 1956 and has also stated to have their registered office at 141/1, radhabazar street, calcutta-700 001 and their factory at 24, misrupara road, p.o .....
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