Court : Kolkata
Decided on : Feb-24-1978
Reported in : [1978]115ITR286(Cal)
..... facts and in the circumstances of the case, the tribunal was justified in holding that the ito's action in rectifying his order passed in september, 1968, under section 13 of the surtax act was in order both in law and in equity ?'5. it is pointed out by the learned counsel for the assessee that the order under section ..... the order of the aac cancelling the assessment under section 147, on april 21, 1971, the itopassed an order under section 13 of the surtax act modifying and/or amending the order dated september 16, 1968. this order was passed consequent upon the order passed in march, 1971, in the income-tax proceeding giving effect to the order of the ..... be made in case of income escaping assessment.6. in this case, the order under section 147 of the income-tax act levying additional tax was passed in september, 1968. thereafter, an order under section 13 of the surtax act for the purpose of giving relief to the assessee in consequence of the order passed under section 147 of the income- .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-23-1978
Reported in : [1980]124ITR711(Cal)
..... income-tax and supertax. in the accounting year ended on 31st october, 1946, the assessee obtained in the united kingdom repayment under section 28(1) of the english finance act, 1941, of a certain amount out of the excess profits tax paid there. the question was whether in the assessment year 1947-48 the amount repaid could be ..... income and that is the meaning of the expression used. this, in our opinion, follows logically from the language used in sub-section (14) of section 11 of the finance act, 1946. but quite apart from this, the matter, in our opinion, is concluded by the decision of this court which has been affirmed by the supreme court. we ..... these were to be assessed either because they had accrued or deemed to have accrued either by operation of section 9 or by operation of any further provision in the finance act, 1946, such receipts, though assessable, could not be subject to assessment. we are unable to accept this contention. the clear intention of the legislature is that the .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-22-1978
Reported in : [1978]114ITR434(Cal)
..... to be completed in six months and the assessee was to be the absolute owner thereof. the film was produced. it secured the president's award. the assessee had financed the production. disputes arose between the said amar das mallick and the assessee as to who was the producer of the film. the matter was referred to the arbitration of ..... of procuring profits in the conduct of the business and, therefore, this was capital expenditure and could not be deducted under section 10(2)(xii) of the indian income-tax act, 1922. 5. in the case of v. rangaswami naidu v. commissioner of income-tax : [1957]31itr711(mad) , it was held that the share of partner in the partnership ..... 4. in re ramji das jaini and co. , the lahore high court was considering the case where three partners of a firm, which was registered under the income-tax act, had entered into a private arrangement. under the arrangement, which was recorded by the income-tax officer in the words of partner no. 1 and supported by the other two .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-22-1978
Reported in : [1978]112ITR798(Cal)
..... the deutsche bank on account of the assessee on the 11th july, 1958. 4. this amount was utilised by the assessee in the accounting year ended march, 1968, and shown in the profit and loss account under the head 'machinery purchase claims received'.5. the income-tax officer initiated reassessment proceedings by issuing notice under section ..... 147 of the income-tax act, 1961, on the ground thatdepreciation had been allowed in excess. the income-tax officer held that the assessee had earned rebate from the west german firm which ..... that the payment was made on account of loss of production and loss of profits have also not been challenged. under the provisions of the sale of goods act, 1930, a buyer if supplied with defective goods can, if he has not paid the price thereof, treat the defects as breach of warranty and claim diminution .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-21-1978
Reported in : [1979]119ITR785(Cal)
..... further, when he finds out that he or his predecessor got the law wrong and did not assess the income when it ought to have been. that appears in cenlon finance co. ltd. v. ellwood [1962] ac 782 ; [1965] 58 itr 255. i venture to quote what i said at page 799: ' every lawyer who, in his researches in the books ..... would not be considered to be the ownership for the purpose of section 9. the supreme court decision affirmed the decision of the delhi high court which is reported in : [1968]69itr598(delhi) . the said decision of the delhi high court was considered by a division bench of this court in the case of cit v. ganga properties ltd. : [1970]77itr637 ..... gathered from the assessment record itself. in the case of anandji haridas & co. (p.) ltd. v. s. p. khushare [1968] 21 stc 326 the supreme court had to consider this aspect under the provisions of the c. p. & berar sales tax act, 1947. there, at page 336 of the report, the supreme court observed that the term 'information ' in section 34(1 .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-18-1978
Reported in : (1978)IILLJ379Cal
..... eligible in the selection test. in my view. mr. ganguly is quite justified in contending that when the initial notice of termination was dated april 15, 1968 was issued the said notice per se was not invalid inasmuch as the time for offering the retrenchment compensation had not then expired. mr, ganguly is also ..... the legality and validity of the order of termination in a writ proceeding before this court whereupon a rule being civil rule no. 4878 (w) of 1968 was issued. the aforesaid rule was ultimately discharged by this court on january 18, 1973 and the petitioner preferred appeal to this court against the said judgment ..... railway administration again wanted to give effect to the said notice of termination issued in april 1968 the railway administration was bound to offer the retrenchment compensation in accordance with the provisions of section 25f of the industrial disputes act and such retrenchment compensation not having been offered by the railway administration the said notice though .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-16-1978
Reported in : [1980]126ITR748(Cal)
..... the relevant provisions of the portuguese civil code a house property which yielded an income of rs. 3,810 in the previous year relevant to the assessment year 1968-69 became the property of the communion of the husband and wife. the ito assessed the income from the property as that of a body of individuals. ..... lite have been noted as follows:'duties of administrator: the duties and liabilities of an administrator pendente lite are governed by section 163 of the judicature (consolidation) act, 1925. he is an officer of the court, under whose direction he represents the deceased.his duties begin from the date of the order and terminate with the ..... a general administrator, other than the right of distributing such estate, and every such administrator shall be subject to the immediate control of the court and shall act under its direction.'19. this section is relevant and important for our present purpose. in order to give the court power to appoint administrator or administratrix pendente lite .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-16-1978
Reported in : [1978]42STC367(Cal)
..... of central sales tax payable by him for the aforesaid period as also a further sum of rs. 6,400 as penalty under the said act. thereafter, by an order dated 10th july, 1968, appellant no. 1 informed the respondent that there were some mistakes in the calculation and the correct amount of tax and penalty would be rs ..... material portion thereof is as follows:in exercise of the powers conferred by sub-sections (1) and (2) of section 8 of the bihar sales tax act, 1959 (bihar act xix of 1959), the governor of bihar is pleased to appoint the authorities specified in the second column of the table hereto annexed to exercise and perform the ..... this appeal is as follows :8. (1) there shall be the following classes of authorities, to be appointed by the state government, for carrying out the purposes of this act, namely :-(a) commissioner of commercial taxes,....(f) assistant superintendent of commercial taxes. (2) the authorities appointed under sub-section (1) shall, within such areas as the state .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-15-1978
Reported in : AIR1978Cal307
..... other decisions which are relevant on this question are asiatic shipping co. ltd. v. p. n. djakarta lloyds, : air1969cal374 , lachmi narain jute mills . v. bangur brothers ltd. 0065/1968 : air1968cal330 and w. f. ducat & co. v. hiralal & pannalal, : air1976cal126 . in my view, the principle which is laid down in the leading english decision on the point ..... is a specific section (section 24) empowering the court to remove an arbitrator under similar circumstances. although that has not been specifically included in the indian arbitration act, but there is no bar for the court to exercise its discretion on the principle of possibility of bias in a particular case. i am conscious of the ..... respondent no. 1 at the location mentioned in the auction catalogue. it is alleged that the goods were non-existent which the plaintiff discovered the said mistake of act in or about sept. 1974 and, therefore, the contract is void due to the mistake as to the essential facts being that the balance of the goods .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-15-1978
Reported in : [1980]126ITR209(Cal)
..... the extent of the one-fourth for charity. it was, therefore, held that the said income was not exempt under section 4(3)(i) of the act.10. on the 12th march, 1968, an assessment of the assessee in the instant case was made including the share income of the minor son, kanhaialal, from the business of the unregistered ..... with the consent of the adult partners he might be admitted to the benefits of partnership. any document which went beyond the provisions of section 30 of the partnership act was invalid. therefore, if a document, read properly, stipulated that a minor was made a full partner and not admitted merely to the benefits of the partnership, such ..... also be allocated or distributed to the account of the minor sri kanhaialal lohariwalla, for whom his mother, sreemati gayatri, the party hereto of the third part 'is acting as natural guardian, and the balance four annas of the' profits shall continue to be allocated or distributed to the charity account in the ledger to be applied or .....
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