Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Jun-30-1997
Reported in : (1998)65ITD214(Kol.)
..... the income was first assessable, where such assessment year is an assessment year commencing on or after the 1st day of april, 1969; or [substituted by finance act, 1968 (with e.f. 1-4-1968)] (b) the expiry of eight years from the end of the assessment year in which the income was first assessable, in a case falling within clause ..... years from the end of such assessment year; (ii) where the return relates to a previous year relevant to the assessment year commencing on the 1st day of april, 1968, three years from the end of the assessment year; (iii) where the return relates to a previous year relevant to any other assessment year, two years from the ..... -3-1989 and, therefore, the extension of one year period expired on 27-3-1990. according to him, the assessment was finalised within the time prescribed under the act. the learned dr extended his arguments further and submitted that although according to the decision of the supreme court (supra), once the return is filed under section 139(4 .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-06-1997
Reported in : (1997)1CALLT449(HC)
..... itself entangled in the procedural wrangling by purported reference to extraneous provisions but it should confine itself to the spirit of the act, namely, the recovery of debt due to bank and finance act. therefore, the tribunal before embarking into the domain of scrutiny about the merits, must record its satisfaction about the territorial ..... principles of natural justice. it is significant to refer to the provisions as laid down by way of prefix in section 19(1) of the act which contemplates filing of an application to the tribunal within the local limits of whose jurisdiction the defendant actually and voluntarily resides or carries on business ..... jurisdiction as spelt out in the notification under clause (1) of section 3 of the act coupled with application of the yardstick as adumbrated in .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-10-1997
Reported in : [1999]236ITR595(Cal)
..... off date must be there and such a cut-off date cannot be said to be unreasonable. when new exemptions and new concessions are granted by the finance act, similarly situated persons are bound to face a differential treatment inasmuch as for pending assessments for earlier years one is not entitled to get such concessions and ..... . we cannot interpret the provisions of section 244a in such a manner which would enable the assessee to claim interest contrary to the provisions of the said act. in this connection, we have to remember the intention of parliament. the intention of parliament is clear and the said provision for ensuring the right to ..... therewith certificates for the tax deducted at source for various periods. the assessee-company requested the assessing officer to make a provisional assessment under section 141a of the act. by the letter dated december 27, 1988, the assessing officer, however, refused to make the provisional assessment since the date of deposit of the tax deducted .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Jan-13-1997
Reported in : (1997)61ITD196(Kol.)
..... 2(24)(iia) was inserted with effect from 1-4-1973 simultaneously with the present section 12, both of which were introduced from the said date by the finance act, 1972. section 12 makes it clear by the words appearing in parenthesis that contributions made with a specific direction that they shall form part of the corpus of ..... maharaj estate and shree shankar bhagwan estate respectively.the assessments were made taking the status of the assessee as private religious trusts, under section 164 of the income-tax act.5. the assessees appealed and contended that they should be assessed in the status of individual, that the provisions of section 2(24)(iia) did not authorise ..... in support of the above gifts had also been filed. he was prima facie of the view that these receipts were taxable under section 2(24)(iia) of the act. the assessees claimed that the amounts were received towards the corpus of the endowments and, therefore, could not be taxed. the assessing officer accepted the fact that .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-30-1997
Reported in : (1998)2CALLT52(HC),1997(2)CHN119,1997CriLJ1599,1998(59)ECC105
..... the strength of an order of detention dated 5th january, 1995 passed under the conservation of foreign exchange prevention of smuggling activities act, 1994 by the joint secretary, cofeposa, ministry of finance, department of revenue, government of india, new delhi on the ground that the detenu had been dealing with the smuggled goods ..... me the aforesaid documents to enable me to make an effective representation.'8. this representation was made to the joint secretary (cofeposa) government of india, ministry of finance, department of revenue, but admittedly this document, viz., the b.d. mail's challan was not disclosed and the copy whereof was not furnished to the ..... and mandates and in the decision making process as envisaged by the constitutional makers under article 22(5) read with section 3(1) of the cofeposa act cannot be influenced or dictated by some extraneous body. such recommendation by such body is wholly irrelevant matter. consideration of some irrelevant matter vitiate the .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-05-1997
Reported in : (1997)142CTR(Cal)369,[1997]225ITR831(Cal)
..... (1) whether, on the facts and in the circumstances of the case and on a correct interpretation of the amendment made by the finance act, 1988, to section 43b(a) of the income-tax act, 1961, which has been explained as clarificatory of legislative intention by the explanatory notes issued by the government, the tribunal was justified in ..... by any person residing within the area affected shall be considered before an exclusive privilege is granted.' in exercise of the power conferred by section 86 of the act the state of west bengal has framed rules known as west bengal excise (manufacture of country spirit in labelled and capsuled bottles) rules, 1979 (hereinafter referred to ..... the state government parts with the exclusive privilege in favour of a licensee to manufacture or vend country liquor.8. section 2(10) of the bengal excise act defines excise revenue--excise revenue means revenue derived or derivable from any duty, fee, tax payment (other than a fine imposed by a criminal court) or .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-05-1997
Reported in : (1998)1CALLT408(HC)
..... a mortgage suit a receiver may be appointed. there is no quarrel with the proposition laid down in rudreshwari pd. sinha v. sm. ramabati devi & ors. reported in : air1951pat231 , industrial finance corporation of india and anr. v. thakur paper mills ltd. & anr. reported in : air1972pat83 and chaganlal v. ramnarayan reported in 1956 madhya bharat 244.27. but it is also a ..... .25. there cannot be any doubt whatsoever that the mortgagee can exercise his right in terms of the provisions of sections 65, 66 and 66a of the transfer of property act and as has been held in arun agencies. mattancherry v. m/s. st. antony's oil mill & ors. reported in : air1989ker312 , amarnath ghose v. abhoy kumar singh & ors. reported in .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-18-1997
Reported in : 1999(65)ECC847,1999(112)ELT36(Cal)
..... remission of demurrage charges according to the new guidelines details of which were furnished in appendix-iv. the views of the fa & cao, cpt and manager, finance, hdc were also considered by the trustees. they agreed after discussion to grant a one time concession in respect of the cases placed before them by allowing delivery ..... resolution no. 30, dated 27th february, 1976 and with the stipulation that these guidelines would not be treated as instructions under section 111 of the mpt act.resolved further that the consignments placed for consideration in the meeting be granted a one-time concession in accordance with the new guidelines and these consignments be ..... similarly associated that 'bearings' exported by them would be assessed on invoice value. the petitioners submitted bill of entry in terms of section 59 of the customs act allegedly when 'dispute valuation' was over on 26-7-1994. on 12-9-1994 the petitioners made a representation before the calcutta port trust authorities for .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-25-1997
Reported in : [1999]95CompCas330(Cal)
..... the protection of section 22 of the sick industrial companies (special provisions) act, 1985 (in short, act of 1985), against proceedings for realisation of sales tax and interest thereon under the bengal finance (sales tax) act, 1941 (henceforth referred to as 'the act of 1941'). the application is filed under section 8 of the west bengal ..... taxation tribunal act, 1987, enacted under article 323b of the constitution of india, being one in ..... january 16, 1991, after thorough renovation, overhaul and capital outlay with an investment of rupees one crore. but the financial institutions failed or neglected to provide finance as per the sanctioned scheme. hence, the directors of applicant no. 1 faced financial difficulties. the order dated march 17, 1993, of the bifr .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-28-1997
Reported in : 1997CriLJ2886
..... case of the appellant is concerned no suggestion has been given in cross-examination of the pw-5 about chandrashekhar or his brother, hari smuggling goods from nepal being financed by the jhunjhunwala.25. the id. advocate for the appellant has raised a very important mixed question of law and fact. this is with regard to the matter ..... , it can be fired by pulling trigger after cocking the harmer manually, it can be made proper serviceable after repairing. the above item comes under the purview of arms act'. so, it is obvious that the fire arm which was examined by expert could be operated by pulling trigger after cocking the hammer manually. this contention of the id. ..... offence under section 392/397 ipc and the accused-appellant was further found guilty of the offence under section 25(1)(a) read with section.27 of the arms act. they were sentenced to suffer substantive imprisonment and to pay fine as stated above. of them, only ravi magor-alias rabi roy bahadur has preferred this appeal.3. .....
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