Court : Kolkata
Decided on : Aug-11-1975
Reported in : [1978]111ITR934(Cal)
..... cost of the repairs. following the aforesaid award the agreement referred to hereinbefore was entered into. it appears that in the regular assessment for the assessment year 1968-69, the aforesaid compensation had been taken as gross rental and was assessed as such. the petitioner preferred an appeal before the appellate assistant commissioner. the ..... 1969]74itr651(ap) , where the division bench of the andhra pradesh high court held that when the land was taken over by the government under the land acquisition act, the right of the owner to compensation was an inchoate right till the compensation was actually determined and had become payable. but once it became payable, the ..... enhance the rent on the ground that rs. 484 was the amount which was fixed as the standard rent as per provisions of the west bengal rent control act. in the premises according to the government, the petitioner was not entitled to any enhanced rent. the petitioner, thereafter, served a notice dated 25th august, 1962 .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-08-1975
Reported in : [1977]107ITR559(Cal)
..... or by any tax deducted at source, as the case may be.' 2. it appears that as a result of the amendment by the finance act, 1972, the provisions of section 139 were altered after 1st of april, 1972. the said provisions were to the following effect:'139. ( ..... filed any return before the making of the assessment, interest as contemplated under sub-section (1) of section 139 of the income-tax act, 1961, cannot be charged. the position, however, is different since 1st of april, 1972. i am fortified in this view by ..... he found that no return had been filed for the assessment years 1967-68 and 1968-69. the receiver had received a notice under section 139(2) of the income-tax act, 1961. as he was unaware of the true position he applied for time to enable ..... j.1. this is an application challenging the assessment made under section 144 of the income-tax act, 1961, for the assessment years 1967-68 and 1968-69. the assessee is national hotel which runs a popular eating house in calcutta known as dilkusha .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-08-1975
Reported in : 1980(6)ELT99(Cal)
..... same covered by any of the items in the schedule to the central excises and salt act, 1944 (hereinafter referred to as the 'act').2. the said scrap is not edible or sold for consumption as such. between the periods of 19th april, 1968 and 30th june, 1971 the petitioners cleared a total quantity of about 91,40,000 ..... kgs. of the said scraps which were accumulated in the course of manufacture. according to petitioners, the said scrap is non-excisable under the act. without paying the duty and with the full knowledge ..... 8th december, 1972 wherein the collector held that the confectionery in question was liable to excises under tariff item 1a of the first schedule to the central excises and salt act. * * * *3. mr bajoria, appearing on behalf of the petitioners, contended that the scrap obtained in course of manufacture of confectionery is not 'confec tionery' within .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-07-1975
Reported in : (1976)5CTR(Cal)180
..... not concerned with the division of interest or ownership in the units of the lands or buildings. the validity of the wealth tax act, 1957 after the finance act, 1969 which incorporated amendments to the relevant provisions of the wealth tax act, 1957 by including the capital value of agricultural lands in computing the net wealth for the purpose of the wealth tax was ..... officer, alipore, issued a notice on the 22nd of december, 1965 under rule 2 of the second schedule the income-tax act, 1961. the petitioner filed objection and the tax recovery officer by his order dated the 30th of may, 1968 overruled the said objection. thereafter, the petitioner presented an appeal to the additional district magistrate, 24-parganas, who by his order .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-04-1975
Reported in : [1977]106ITR992(Cal)
..... the constitution the petitioner, which is a company registered under the companies act, 1956, challenges the notice dated the 29th of march, 1968, issued under section 148 of the income-tax act, 1961, re-opening the assessment for the assessment year 1959-60 under the income-tax act, 1961. the petitioner contends that there is no material for the ..... stated on behalf of the assessee that the books of accounts had been stolen. therefore, assessment, though completed under section 23(3) of the indian income-tax act, 1922, was completed in the absence of the books of accounts which could not be produced because of being stolen. thereafter, the income-tax officer stated that ..... of an honest and reasonable person based upon reasonable ground, and though it was possible to rely on circumstantial evidence the income-tax officer was not justified in acting on mere suspicion or gossip or rumour. there is some dispute as to whether the books of accounts were available at the time of the assessment. the .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-01-1975
Reported in : [1976]104ITR471(Cal)
..... had overdraft accounts with the state bank of india both in india and pakistan. the overdraft arrangements in calcutta were utilised by the head office of the assessee for financing the transactions of the assessee. such transactions included remittances of funds as and when necessity arose from calcutta to darsana up to the year 1949. there was no ..... or gains, as described or comprised in section 6, from whatever source derived, accruing, or arising, or received in british india, or deemed under the provisions of this act to accrue, or arise, or to be received in british india. (2) profits and gains of a business accruing or arising without british india to a person resident in ..... supreme court held that where an assessee carried on the same business at a number of places, then for the purpose of section 10 of the indian income-tax act, 1922, there was only one business and the net profits of the business had to be ascertained by pooling together the profits earned in all the branches and .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-30-1975
Reported in : [1978]112ITR384(Cal)
..... the complaint of sri haramohan chowdhury, income-tax officer, ' f ' ward, district-iii(1), calcutta, under section 277 of the income-tax act, 1961, for the assessment years 1967-68 and 1968-69. the case as made out in the petition of complaint, inter alia, is that after the retirement of the petitioner, on or about ..... government of its legitimate dues; that on october 6, 1971, the petitioner delivered two duly verified returns of income-tax for the assessment years 1967-68 and 1968-69 along with three other years disclosing, inter alia, income from pension only but not including his income from professional or other sources; that on searches being ..... order of assessment against the petitioner to form the basis of the present prosecution. in support of his contentions mr. mitter referred to the relevant provisions of the income-tax act and also to several cases : commissioner of income-tax v. muthukaruppan chettiar : [1970]78itr69(sc) , t. s. baliah v. t. s. rangachari, income-fax officer : .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-25-1975
Reported in : AIR1976Cal126,81CWN219
salil k. roy choudhary, j.1. this is an application under section 34 of the arbitration act for stay of the suit.2. the material facts which, are not in serious controversy are as follows that by a contract dated the 9th july, 1968 the respondent agreed to sell and the petitioner agreed to buy certain quantities of raw jutes at ..... agreed rates on the terms and conditions contained in the said contract. it appears that the said contract is governed by the forward contract regulation act, 1952 and the rules and bye-laws of ..... registration of the same as well as the question of (october) portion of the contract being invalid as it was entered into prior to the notification dated 4th october, 1968 and prima facie not tenable as the said non-compliances do not render the contract invalid but may amount to breach of the statutory rules. at this stage, i am .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-23-1975
Reported in : [1977]110ITR691(Cal)
..... 77itr494(mad) :'this character of the partner's salary has been well brought out by the australian income-tax law and practice by f.c. bock and f.f. mannix, 1968 edition, volume 3, at page 3092. it is there stated : ' the decision of the high court in rose v. federal commissioner of taxation [1951] 84 clr 118 ..... in carrying on the business. the share of the partner is business income in his hands for the purpose of section 10(1) of the indian income-tax act, 1922, and, being business income, expenditure necessary for the purpose of earning that income and appropriate allowances are deductible therefrom in determining the taxable income of the partner ..... ) which was apportioned between agricultural and business incomes in accordance with rule 24 of the income-tax rules. as the firms were registered under the provisions of the act, the non-agricultural portion of the income was apportioned between the partners and brought to tax in their hands. for the assessment year 1959-60, the income-tax .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-23-1975
Reported in : [1977]106ITR592(Cal)
..... been referred:'(1) whether, on the facts and circumstances of this case, the assessee was entitled to full depreciation allowance under section 10(2)(vi) of the indian income-tax act, 1922, read with rule 8 of the rules thereto for the assessment years 1958-59 and 1959-60 ? (2) whether, on the facts and in the circumstances of this case .....
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