Court : Kolkata
Decided on : Aug-10-1987
Reported in : [1988]71STC404(Cal)
..... of the production of the said factory took place on 22nd october, 1979. on 22nd december, 1979 the petitioner was granted registration certificate under the bengal finance (sales tax) act, 1941. the petitioner applied for eligibility certificate under rule 3(66) of the (west) bengal sales tax rules which grants tax holiday to newly set ..... not paid taxes after rejection of the renewal application of the eligibility certificate on 11th march, 1986; notice of assessment under the bengal finance (sales tax) act, 1941 and the central sales tax act, 1956 was issued to the petitioner for the 12 months ending 30th september, 1983 and 30th september, 1984.3. the case of ..... , for declaration forms, has at the time of making the application defaulted in furnishing any return under the bengal finance (sales tax) act, 1941 or the west bengal sales tax act, 1954 or the central sales tax act, 1956 together with the receipted challan showing payment of tax, etc., due from him according to such return or .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-02-1987
Reported in : AIR1988Cal28,92CWN600
..... objections fail on substantial grounds also. the appeal, in our view, was accordingly rightly admitted in exercise of the power conferred by section 5 of the limitation act and even otherwise, the order of admission is no longer open to challenge.27. let this appeal now be placed for hearing on merits two weeks after the ..... of the delhi highcourt in chander dev v. rani bala, : air1979delhi22 which has also held (at 24) that'the prohibition contained in section 29(2),limitation act, 1963 is restricted only to suitsand proceedings and hence does not extendto appeals'. the delhi decision also has not,and this again we say with respect, consideredthe various ..... d. roze has very strenuously urged that this division bench decision was wrongly decided without any advertence to the expression other proceeding in the long title of the act and the other relevant provisions thereof and advised us very seriously to have the question referred to a larger bench. for the reasons given by us hereinbefore .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-19-1987
Reported in : 1988(15)ECC280,1988(33)ELT12(Cal)
..... . in this connection it may not be out of place to mention here that a similar proviso to section 16 of the act relating to export goods (as it stood prior to the substitution of the section by the finance act of 1986) was given effect to by the supreme court in gangadhar narasingh das v. p.s. thrivikraman, - : 1983( ..... already come into force and, accordingly, the customs authorities were quite justified in demanding duty at the said rate from the petitioner in view of section 15 of the customs act, 1962 read with the proviso.44. the rule, as such, is discharged and interim order, if any, do stand vacated. the respondents will now be liberty to realise ..... required to be carried by merchant vessels, containing an account of the cargo, with other particulars, for facility of the customs officers'.24. and section 32 of the act lays down that imported goods should not be unloaded unless mentioned in the import manifest or import report.25. reference in this connection may be made to section 46 of .....
Tag this Judgment!Court : Kolkata
Decided on : May-06-1987
Reported in : (1987)65CTR(Cal)103,[1988]172ITR521(Cal)
..... indian company to the assessee in the assessment years involved.14. the tribunal held that clauses (v), (vi) and (vii) of section 9(1) incorporated by the finance act, 1976, with effect from june 1, 1976, were new pieces of legislation, prospective in operation and the same could not be taken into account for resolving the controversy ..... productive over a certain period. these general principles have been settled firmly by this court in a large number of cases...' (d) cit v. cilag ltd. : [1968]70itr760(bom) : in this case, a foreign company entered into an agreement with its 60 per cent. indian subsidiary under which the indian company was appointed the sole ..... income of the assessee as the same were technical assistance fees. the commissioner subsequently set aside the said assessment under section 263 of the income-tax act, 1961 ('the act'), as he was of the opinion that the payments received by the assessee from the indian company were more in the nature of royalty than technical .....
Tag this Judgment!Court : Kolkata
Decided on : May-07-1987
Reported in : 1987(31)ELT631(Cal)
..... . unless deterrent action is taken, the trafficking in smuggled gold which is immediately melted for sale and manufacture of ornaments without observing the provisions of the gold (control) act, 1968 land without paying and sales tax and income tax will be difficult to check'.11. in appeal the tribunal took the view :-'as shri mrigendra nath gayen was head ..... primary gold, gold ornaments and gold soverings etc. during the period 1381 b.s. to 1384 b.s. in violation of section 41(b) of the gold control act, 1968.7. the third allegation was that tarak nath gayen, niranjan gayen and debendra nath gayen had commenced or carried on business as dealer in gold in respect of primary gold ..... at rs. 2,38,568/-.5. this according to the show cause notice constituted violation of section 55 of the gold control act, 1968 read with rule 11(c) of gold control (forms, fees and misc. matters) rules, 1968. the period during which violation took place was alleged to be 1381 b.s. to 1384 b.s.6. the second .....
Tag this Judgment!Court : Kolkata
Decided on : May-08-1987
Reported in : [1990]186ITR329(Cal)
..... income-tax department was aware that residents of sikkim have to be treated as non-residents for the purposes of the income-tax act, in accordance with the above letters/circulars of the ministry of finance, government of india. annexure 'c' to the affidavit-in-reply also shows that residents and government servants of sikkim are ..... affidavit, she has stated 'i state further that a resident of sikkim is automatically a 'nonresident' under the income-tax act, 1961'. this statement is apparently based on the abovementioned letters/circulars of the finance ministry.22. in the circumstances, i hold that a resident of sikkim is a non-resident for the purposes of the ..... another circular (annexure 'f', at page 65 of the petition) dated january 30, 1984, from the ministry of finance, department of revenue, foreign tax division. this circular also shows that, for the purpose of the income-tax act, 1961, sikkim is outside india. respondent no. 1 has filed an affidavit-in-opposition on behalf of all .....
Tag this Judgment!Court : Kolkata
Decided on : May-13-1987
Reported in : AIR1988Cal18,[1990]69CompCas697(Cal),91CWN1186
..... of their i respective heirs. about the defendant no. 6, pritinath chatterjee the appellant had come to know that the said defendant died on 30th oct., 1968. after ascertaining that one prabuddha chatterjee was the only heir and legal representative of the defendant no. 6 pritinath chatterjee, the appellant took out the masters ..... guarantors were, therefore, completely released and (2) that the suit against some of the co-guarantors being dismissed then the right of contribution under the contract act against some of the sureties was lost and the other sureties, therefore, could not have any liability. the learned trial judge accepted both the contentions raised ..... bank of india ltd. as the successor of comilla banking corporation instituted a suit against the company modern stores (india) ltd., a company incorporated under the companies act, 1913, the defendant no. 1 in the suit and the other defendants. the defendant company had a current account with one comilla banking corporation. at the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : May-15-1987
Reported in : (1987)22ITD367(Kol.)
..... .see the decisions of the supreme court in e.d. sassoon & co. ltd. v.cit [1954] 26 itr 27, ashokbhai chimanbhai's case (supra) and cit v.shri goverdhan ltd. [1968] 69 itr 675. when a promissory note is executed by a debtor and given to the creditor or when a deposit receipt is signed by the debtor and given to ..... respect of interest from banks, namely, bank of india and bank of baroda and also in respect of the compulsory deposit account under the compulsory deposit scheme (income-tax payers) act, 1974 the assessee is following the same method of showing the incomes as per interest amounts credited to these accounts by the said banks. this is evident from the details .....
Tag this Judgment!Court : Kolkata
Decided on : May-20-1987
Reported in : [1988]70STC248(Cal)
..... to get the benefit of the extended period under rule 3(66) of the bengal sales tax rules, 1941, read with the provisions of the bengal finance (sales tax) act, 1941.17. the writ petition, therefore, succeeds. the impugned orders dated 12th august, 1981, passed by the assistant commissioner, commercial taxes, calcutta, ..... contract before 31st march, 1978 be regarded as to have commenced production before 31st march, 1978. the word 'production' has not been defined by the bengal finance (sales tax) act. the word 'manufacture', however, has been defined to mean under section 2(dd) 'producing, making, extracting, altering, ornamenting, blending, finishing or otherwise ..... application before the commercial tax officer and registration was granted by the commercial tax officer to the petitioner under the provisions of the bengal finance (sales tax) act, as manufacturer of metal containers. it was noted in the proceedings for registration by the commercial tax officer that the first sale of .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-01-1987
Reported in : [1989]177ITR142(Cal)
..... case before this court.3. even otherwise, the question involves clause (iv) of rule 1 of the second schedule to the companies (profits) surtax act, 1964, which has since been omitted by the finance act, 1976, with effect from april 1, 1977. we are unable to accept the contention of the revenue that the said question remains a substantial question ..... the said debentures should be included in computing the capital of the assessee-company under clause (iv) of rule 1 of the second schedule to the companies (profits) surtax act, 1964 ? (2) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the sum credited to the 'dividend reserve ..... meaning of clause (iii) of rule 1 of the second schedule to the companies (profits) surtax act, 1964, in computing the capital of the assessee-company for the purpose of the assessment under the said act for the assessment years 1967-68 and 1968-69 ?' 2. so far as question no. 1 is concerned, it is stated that there is .....
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