Court : Kolkata
Decided on : Jul-09-1975
Reported in : [1976]38STC163(Cal)
..... a priori standards unrelated to the facts and circumstances of a situation, which occasioned the legislation.26. the bengal finance (sales tax) act was enacted in 1941. section 4 of the west bengal taxation laws (amendment) act, 1968, and the act which replaced it, by giving retrospective operation to the definition of 'business' has sought to impose fresh taxes on ..... . this is borne out by the objects and reasons in support of the west bengal taxation laws (amendment) act, 1968 -- where the reasons for the amendment were stated to be the need for additional resources for financing the development schemes of west bengal and also to meet the vast increase of commitments in the non-plan budget ..... that is to say, during the year ending on 31st december, 1964, no tax could be levied on the petitioners under the provisions of the bengal finance (sales tax) act, 1941, in respect of the said sales as the petitioners did not carry on any business by sale of the said commodities. it was contended by .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-12-1975
Reported in : [1977]107ITR123(Cal)
..... applies as do not exceed six per cent. per annum on the capital employed in the undertaking or hotel, computed in the prescribed manner.'8. by the finance (no. 2) act, 1967, sub-section (1) was substituted by the following :'(1) save as otherwise hereinafter provided, income-tax shall not be payable by an assessee on ..... in cases to which the explanation to section 84 applies.' 10. as a result of the amendment effected by the finance (no. 2) act, 1967, these amendments in section 84 were effective for the prescribed period and from 1st april, 1968, section 84 stood repealed and section 80j was introduced. section 80j provides as follows : .'80j. deduction in ..... undertaking, or business or ship, computed in the prescribed manner.'9. the said provision came into effect from 1st april, 1967, and was effective upto 1st april, 1968. rule 19 of the income-tax rules, 1962, was introduced for the purpose of working out the computation of capital in such industrial undertakings. the said rule 19 .....
Tag this Judgment!Court : Kolkata
Decided on : May-14-1975
Reported in : [1975]36STC98(Cal)
..... firm' has been deleted by the legislature from the definition of 'dealer'. therefore, it follows that a firm as such is not a dealer under the bengal finance (sales tax) act, 1941.12. accordingly, the dissolution of partnership has got nothing to do with regard to assessment of the two brothers as dealers even though their partnership had ..... view, the principle as laid down by the supreme court in additional tahsildar, raipur v. gendalal [1968] 21 s.t.c. 263 (s.c.) has got no application with regard to assessment of a firm under the bengal finance (sales tax) act, 1941, because apart from persons constituting the firm, the partnership-firm has got no legal entity under ..... definition of 'dealer' under section 2(c) of the bengal finance (sales tax) act, 1941, and (b) whether a dissolved firm can be assessed to sales tax under the bengal finance (sales tax) act, 1941, in view of the decision of the supreme court in additional tahsildar v. gendalal [1968] 21 s.t.c. 263 (s.c.).2. the petitioner .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-18-1975
Reported in : AIR1976Cal178
..... the constitution. the search was conducted by virtue of an authorisation issued by the respondent no. 1 assistant director, enforcement directorate, ministry of finance under section 19-d of the foreign exchange regulation act, 1947. as a result of that search certain documents were seized. i am told that after the seizure, there was an adjudication proceeding ..... , the 13th may, 1961, there was a search at the premises no. 11, clive row, calcutta and the search continued on the 14th and 15th may, 1968 and certain documents and papers were seized. the propriety of the search and the validity of the seizure are the subject-matters of challenge in this application under article ..... ex parte an award was made in favour of the new central jute mills co. ltd. for information given in 1966 search in 1968 cannot be justified. for formation of belief in 1968 that documents were secreted or likely to be secreted it is not proper to refer to transactions or information which came into possession two .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-24-1975
Reported in : [1978]111ITR885(Cal)
..... income of the company for the purposes of the indian income-tax act, 1922 (11 of 1922), or the income-tax act, 1961 (43 of 1961); (iv) its debentures, if any; and (v) any moneys borrowed by it from government or the industrial finance corporation of india or the industrial credit and investment corporation of india ..... cannot be determined with substantial accuracy is a provision : (see william pickles accountancy, second edition, page 192; part iii, clause 7, schedule vi to the companies act, 1956, which defines provision and reserve).'17. mr. roy contended that in this case the supreme court only decided whether a particular provision was deductible from profit ..... of the supreme court these items which may be otherwise considered to be provisions on the principles of commercial accountancy or under the provisions of the companies act and they may be so understood by businessmen, but for the purpose of this particular statute these items should constitute reserve.....' 23. it does not appear .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-19-1975
Reported in : [1976]37STC576(Cal)
..... is at any time of opinion that it would be in the public interest that any commodity which is liable to taxation under the bengal finance (sales tax) act, 1941, should be taxed under this act, it may by notification in the official gazette specify such commodity; and on and from the date of such notification, the bengal ..... finance (sales tax) act, 1941, shall cease to apply to such commodity and this act shall apply to such commodity.10. by notification no. 2053-f.t. dated 26th september, 1955, as the government was of opinion ..... the net proceeds thereof among the states, according to the principle of distribution recommended by the finance commission. 'sugar' in the said act has the same meaning assigned to it by item no. 1 (formerly 8) of the central excises and salt act, 1944, as having more than 90 per cent sucrose content at 105 centigrade. these provisions .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-19-1975
Reported in : (1976)5CTR(Cal)306
..... is at any time of opinion that it would be in the public interest that any commodity which is liable to taxation under the bengal finance (sales tax) act, 1941, should be taxed under this act, it may by notification in the official gazette specify such commodity; and on and from the date of such notification, the bengal ..... finance (sales tax) act, 1941, shall cease to apply to such commodity and this act shall apply to such commodity.'10. by notification no. 2053-f.t. dated 26th september, 1955, as the government was of opinion ..... the net proceeds thereof among the states, according to the principle of distribution recommended by the finance commission. 'sugar' in the said act has the same meaning assigned to it by item no. 1 (formerly 8) of the central excises and salt act, 1944, as having more than 90% sucrose content at 105 degree centigrade. these provisions .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-11-1975
Reported in : [1977]108ITR412(Cal)
..... that the rebate under part i-b of the first schedule to the finance act of 1955 should have been allowed as section 23a could not have been applied in the case of the assessee in the assessment year concerned. it was contended ..... not give the rebate at the rate of re. 0-1-0 in the rupee which was available under part i-b of the first schedule to the finance act of 1955 which would have been allowable if it was held that section 23a was not applicable.6. the assessee appealed to the appellate assistant commissioner and contended ..... in the instant case is between fixed assets and current assets and not between fixed capital and circulating capital. the statement of law in buckley (buckley on the companies acts), noted above, is clear on the point. while distinguishing between fixed assets and current assets no distinction has been made by the learned author between an investment company .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-09-1975
Reported in : [1978]42STC288(Cal)
..... whether a particular dealer is entitled to claim deduction on production of proper evidence is a matter to be primarily decided by the authority concerned under the bengal finance (sales tax) act, 1941. it is for the dealer who claims deduction in such a case to satisfy by proper evidence the claim for deduction. rule 27a of the ..... as envisaged above, it would be a jurisdictional error for the purpose of the article. in that case, the assessee-firm assessed to sales tax under the bengal finance (sales tax) act, 1941, had claimed deduction from its turnover, sales to 'registered dealers' under section 5(2)(a)(ii), but the commercial tax officer had disallowed deduction in ..... ground of challenge to the impugned orders is that the petitioner, having complied with all the conditions necessary under section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941, as well as rules 27a and 27aa of the bengal sales tax rules, 1941, was entitled to deduction as claimed for the transaction covered by .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-17-1975
Reported in : AIR1976Cal136
..... the case of associated hotels of india ltd. v. the excise and taxation officer, simla, . he also drew my attention to the decision of the case of sundaram finance ltd. v. the state of kerala, : [1966]2scr828 . in the facts and circumstances of the case, in my opinion, the said decisions are not relevant to ..... therefore, such sales of electricity take place in the course of 'inter-state trade' and as such will attract the central sales tax (amendment) act, 1959.3. in their judgment dated november 26, 1968 in the case of commr. of sales tax, madhya pradesh v. madhya pradesh electricity board, : [1969]2scr939 the supreme court of india have ..... and 'integrated activities' was explained in similar language. this court again accepted these tests in endupuri narasimhan's case. in section 3 of the central sales tax act (act 74 of 1956), the legislature has accepted the principle governing inter-state sales as laid down in mohanlal hargovind's case. the principles for determining when a sale .....
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