Court : Kolkata
Decided on : Apr-09-1975
Reported in : 80CWN234,[1977]106ITR620(Cal)
..... us. but, at the same time, we agree with the view expressed in the case of indian steel & wire products ltd. v. commissioner of income-tax : [1968]69itr379(cal) . in that case it has been held that the expression 'commercial expediency' is not a term of art and it means everything that serves to promote ..... the appellate assistant commissioner and thereafter the tribunal rectified certain mistakes in its order under section 35 of the act. 5. at the time of hearing of the appeal the tribunal wanted to see those souvenirs for the purpose of ascertaining the nature of the advertisements ..... organisations and institutions. 4. the tribunal, on second appeal, partly allowed the claim of the assessee, but disallowed, under section 37(1) of the income-tax act, 1961, the sums paid to the american women's club welfare fund, bharatiya sanskriti bhawan, west bengal pradesh congress committee and moral rearmament by affirming the decision of .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-25-1975
Reported in : (1976)5CTR(Cal)28
..... in the hands of the assessee'8. it is necessary now to read the relevant portion of section 23-a as it stood prior to its amendment by the finance act, 1955.'23-a. power to assess individual members of certain companies :(1) where the income-tax officer is satisfied that in respect of any previous year the ..... interested held those shares in the names of different members of the family. the income-tax officer applied the provisions of section 23-a of the indian income-tax act, 1922 (before amendment in 1955) and passed an order that the undistributed portion of the distributable income of the company should be deemed to be distributed and ..... amply justified. he, therefore, upheld the addition of the deemed dividend in the assessment of the assessee. it was observed by the judicial member as follows :-'income-tax act, being generally concerned with the beneficial ownership of income, we must, therefore, look to the beneficial ownership and not to the real ownership. even if the shares be .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-21-1975
Reported in : [1978]48CompCas211(Cal),81CWN137
..... into some other profitable business with the sale proceeds of such assets of the company.12. in the case of seth mohan lal v. grain chambers ltd. [1968] 38 comp cas 543 the supreme court considered the question whether the substratum of the company was destroyed. that was a case where the company was doing a ..... of companies, west bengal, for applying for winding up of the company on the grounds mentioned in clauses (e) and (f) of section 433 of the companies act, 1956. in according such sanction the regional director, inter alia, stated as follows:' and whereas after considering the representation made by the said burdwan-cutwa railway company limited ..... the company wanted to alter its memorandum of association and passed a special resolution in respect thereto for the confirmation of the high court under section 17 of the companies act, 1956. the company thereby wanted to diversify its activities, inter alia, in jute, hides, skins, oilseeds and to deal in shares, stock, debentures and to .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-20-1975
Reported in : 1976CriLJ56
..... khagen sarkar v. state of west beneal air 1971 sc 2051:1971 cri lj 1456); motilal v. state of bihar : 1969crilj33 ; rameshwar lal t. state of bihar : [1968]2scr505 and dwarka frasad v. stale of bihar : 1975crilj221 ; barjahan gorey v. state of west bengal. : [1973]1scr751 and biram cfaand v. state at uttar pradesh : 1974crilj817 ..... to undermine the security of the state in similar manner as aforesaidyou are hereby informed by virtue of section 8 (2) of the maintenance of internal security act, 1971 (act 26 of 1971) that disclosure of facts, other than those already disclosed above, is considered to be against public interest.2. mr. acharya, the learned ..... after a careful consideration of all the informations, facts and materials placed before him he was personally satisfied that with a view to preventing the detenu from acting in any manner prejudicial to the security of the state, his detention was necessary and that the instant order of detention was made without any ulterior motive .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-20-1975
Reported in : 1975CriLJ1595
..... mr. consul from practice for a period of five years, was functioning as a court, it is necessary to examine certain provisions of the advocates act, 1961. the advocates act, 1961 is an act to amend and consolidate the law relating to legal practitioners and to provide for the constitution of bar councils and an all-india bar. each ..... few well-behaved lawyers of this court. i have been seeing him charging the fees from his clients in the court room no. 1 in the evenings during 1968 to 1971 when all his clients going satisfied and respects to him... later on i came to know that there was hand of some advocates in the incident ..... law as to the interpretation of the constitution arising before the tribunal. in our view, the subordination for the purpose of section 3 of the contempt of courts act means judicial subordination and not subordination under the hierarchy of courts under the civil procedure code or the criminal procedure code.in our view, the above principle should also apply to the .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-14-1975
Reported in : AIR1975Cal337
..... initiation of a proceeding without involving any judicial determination. the para. 15, chap. iii of the adjudication manual, 2nd edition, govt. of india, ministry of finance. central board of excise and customs, 1970 specifies the authority to issue show cause notices. the same contains observations that there was no legal objection to the ..... was lawfully initiated. the learned advocate for the petitioners also made a grievance that the additional collector of customs by passing the ex parte order had acted in violation of the principles of natural justice. after the petitioners showed cause to the additional collector of customs they had prayed for adjournment of ..... show cause notice (annexure 'a' to the petition) or in the adjudication proceeding merely because they were in respect of ;alleged contravention of the customs act and the defence of india rules (gold con-'trol). therefore no prejudice was caused by conducting such combined proceeding to the petitioners and when the show .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-14-1975
Reported in : AIR1975Cal368,79CWN648,1979(4)ELT313(Cal)
..... on an application under article 226 of the constitulion. the petitioners before the trial court were messrs. hindustan motors ltd. and rajendra prosad jhunjhunwala, vice-president (finance) of the hindustan motors ltd. the respondents were the collector of customs and central excise, west bengal, several customs officials and the union of india. in ..... any stage of the proceedings. the order of injunction was against the enforcement directorate which conducted the searches under section 19-d of the foreign exchange regulation act and seized certain documents in course of the search. the customs authorities were not parties to the application under article 226, marked cr no. 7477( ..... of the trial courtwas set aside. the rule was made absoluteexcept in so far as it related to the noticeunder section 19-e of the foreign exchangeregulation act, 1947.19. on may 7, 1971 hindustan motors ltd., and jhunjhunwala filed the application under article 226 of the constitution, challenging, inter alia, the .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-26-1975
Reported in : 80CWN136,[1977]107ITR526(Cal)
..... accounts. but keeping the trading receipt in a separate account is of no consequence for the purpose of the income-tax act. and this court was also of the same opinion in the case of debaprasanna mukherji v. commissioner of income-tax : [1951]20itr293(cal) . non-processing of ..... and yet it was held by the supreme court that those sums were the trading receipts of the assessee and were liable to be assessed under the income-tax act.15. the assessee before us and the assessee before the supreme court stand on the same footing. both the assessees had kept their respective realisations in separate ..... debtor in full discharge of all outstanding liabilities of the debtor. in 1943, the income-tax authorities sought to reassess, under section 34 of the indian income-tax act, 1922, those interests as his income of the assessment year 1939-40 and strong reliance was placed on behalf of the revenue authorities on the case of commissioner .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-24-1975
Reported in : [1976]37STC382(Cal)
..... same was permanent in nature subject to the power of further amendment by the parliament. in the result, i hold that after the above amendment by the finance act, 1966 (act 13 of 1966), the power of the west bengal state legislature to impose sales tax on sale of declared goods inside the state was subject to the limitation ..... and balfour ltd. v. commissioner of income-tax, west bengal [1955] 27 i.t.r. 389, and hold that the provisions of section 51(b) of the finance act, 1966, were intended to form part of the general law of this country. neither expressly nor by necessary intendment the substitution of the words 'three per cent' in ..... i.t.r. 389, considered the above questions in relation to the finance act, 1945, and laid down :the finance acts, though annual acts, are not temporary acts. if certain provisions in the acts are limited to the particular assessment year, it is not because the act itself is a temporary act, limited for all purposes to a single year, but because the particular .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-18-1975
Reported in : AIR1975Cal381
..... basu the heirs of the original defendant no. 1 satyendra kumar mitra who died on the 30th october, 1969 were substituted. thereafter, on the 28th december, 1968 (sic) the laid dwijendra nath basu who was a hindu governed by the dayabhaga school of hindu law died intestate and unmarried, leaving him surviving only brother ..... oilier charitable purposes. this indenture further witnesseth that if during the lifetime of the settlor the second trustee dies or expresses his intention in writng not to act then and only in that case benimadhab mitra, son of satyendra kumar mitra by caste kayastha, by religion hindu, by occupation student at present residing at ..... questions that arise for determination in this suit are, namely, whether the plaintiff has the legal title over the premises no. 49-b, sashibhusan dey street to act as a trustee and claim possession in respect thereof; and secondly, whether the present plaintiff has been properly appointed. if these two issues are determined, then the .....
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