Court : Kolkata
Decided on : Feb-02-1978
Reported in : 1978(2)ELT523(Cal)
..... any penalty. the ld. magistrate considered the evidence and in his view, the evidence on record did not warrant a conviction under section 85 of the gold control act, 1968. this order is not an order without jurisdiction, because the ld. magistrate applied his mind to the available evidence and came to the conclusion. he did not attach ..... within the meaning of article 20(2) of the constitution of india and the protection of that article is not available to any person facing confiscation under customs act. in this case the adjudicating authority did not impose any penalty on the opposite party.3. but the ld. magistrate did not discharge the accused only on that ..... any penalty. the fact that the customs authorities did not impose any penalty is a matter which can be considered under section 13 of the indian evidence act by the ld. magistrate. the fact stood that no penalty was imposed. this finding of the customs department was not challenged the department under section 128 of the .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-01-1978
Reported in : [1978]114ITR544(Cal)
..... court in the case of commissioner of income-tax v. s. c. kothari : [1971]82itr794(sc) has reversed the decision of the gujarat high court : [1968]69itr1(guj) in part. the supreme court has stated that a contract has to be an enforceable contract and not an unenforceable one by reason of any taint of ..... the assessee for illegal importation into pakistan of certain goods which were prohibited. similarly, in the case of penalty imposed for infraction of law under the sea customs act, the assessee claimed deduction as business expenditure which was disallowed by the patna high court in the case of lakshmi narayan gouri shankar v. commissioner of income-tax ..... -exporting ofthe goods. therefore, the transaction in question cannot be described tobe a speculative transaction in terms of sub-section (5) of section 43 of theincome-tax act, 1961. even if the transaction, in respect of which theexpenses in question were incurred, is considered from the point of generallaw or on the basis of the .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-31-1978
Reported in : [1979]116ITR272(Cal)
..... proper method of valuation to be applied was the rental method as has been laid down by this court in the case of ced v. radha devi jalan : [1968]67itr761(cal) . it has been clearly laid down in that case that if a property is burdened with tenants and the income from the property is controlled by ..... . mr. pal cited this decision for the following observation (page 1419):'the general principles for determining compensation have been set out in sections 23 and 24 of the act. the compensation payable to the owner of the land is the market value which is determined by reference to the price which a seller might reasonably expect to obtain from ..... deed. the tribunal concluded that the conditions necessary for acquisition of the said property were not satisfied, and, therefore, the provisions of section 269c of the said act were not applicable. the order of the competent authority directing the acquisition of the property was cancelled and the appeal of the respondent was allowed.8. from this .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-31-1978
Reported in : [1978]114ITR182(Cal)
..... shall incur it in his capacity as a person carrying on the business.'18. in the case of commissioner of income-tax v. hindusthan motors ltd. : [1968]68itr301(cal) , the calcutta high court found that the money that was spent was not so much to bring about any asset or advantage of enduring benefit to ..... large sums in respect of the monopoly value were imposed, payable in instalments. the assessee-company appealed against the assessments under schedule d to the english income-tax act, for the assessment years 1938-39 and 1939-40, claiming that the instalments of monopoly value should be deducted in computing the-assessments. the commissioners had allowed the ..... revenue preferred an appeal to the tribunal. the tribunal, on consideration of the facts in the light of the provisions of section 37(1) of the income-tax act, 1961, was satisfied that the expenditure would be admissible as deduction. the tribunal found that the assessee-company had employees, who were covered by the provisions of .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-30-1978
Reported in : [1979]120ITR110(Cal)
..... . might have utilised the advances, the purpose of the assessee in giving the said advance was the supply of raw materials. the assessee submitted that additional finances were made available to the supplier so that new quarries may be opened up.28. on the consideration of the entire transactions, the tribunal came to the ..... engineering concern and manufactured boilers, machinery parts, wagons, etc. in the assessment years in question the assessee claimed exemption from tax under section 15c of the act in respect of profits and gains derived from its steel foundry division which was started in the assessment year 1958-59 and continued thereafter. in the assessment ..... and the aac held that the undertakings were expansions and reconstructions of the existing business and the assessee was not entitled to relief under section 15c of the act, the tribunal, however, allowed the appeal of the assessee and accepted the claim for such exemption. the high court found that the assessee, instead of .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-27-1978
Reported in : [1978]112ITR812(Cal)
..... a mistake apparent from the records. the tribunal allowed the appeal of the assessee directing the income-tax officer to recompute the tax with reference to the provisions of the finance act, 1964.9. mr. b. l. pal, learned counsel for the revenue, has contended before us that, in the facts and circumstances, the order of the tribunal was ..... . the tribunal was further in error in holding that the provisions of paragraph d of part ii of the first schedule to the finance act, 1964, did apply in the instant case. .13. the relevant provisions of the finance act, 1964, are as follows :' in the case of every company, other than the life insurance corporation of india established under the ..... , and in directing the income-tax officer on that basis to recompute the tax according to the provisions of law laid down in the finance act, 1964 '2. the facts found and/or admitted in these proceedings are, inter alia, as follows. messrs. simplex concrete piles (india) pvt. ltd., the assessee, was assessed .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-27-1978
Reported in : (1978)IILLJ151Cal
..... of taxes : [1964]6scr654 , joharmal murlidhar & co, v. agricultural income-tax officer, assam : [1971]79itr6(sc) , ambalat purshottam, etc. v. ahmedabad municipal corporation : [1968]3scr207 . secondly, in some cases it had been held that the remedy provided for in article 226 being a discretionary remedy it is never intended to supersede completely modes of ..... petitions, the subject-matters of challenge are awards made by the respective industrial tribunals on references being made to them under the industrial disputes act. the industrial disputes act provides for no appeal or revision as against the awards so made nor any such remedy is specifically provided for by any other statute or ..... of the constitution is any other remedy to a person who feels aggrieved by an award of an industrial tribunal made on a reference under the industrial disputes act, so as to bar entertainment of a writ petition wherein such an award is challenged. while our learned brother roy, j, in regent estates limited .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-20-1978
Reported in : [1978]113ITR805(Cal)
..... (1) of the income-tax act, 1961, the following question has been referred to this court :' whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the assessee is not entitled to continuation of registration for the assessment years 1968-69 and 1969-70?'2. ..... -tax officer. the appellate assistant commissioner by a consolidated order granted registration for the assessment year 1967-68 and continuation of registration for the assessment years 1968-69 and 1969-70. the revenue did not question the order of the appellate assistant commissioner granting registration for the assessment year 1967-68, since during ..... shri shyamdhan sett was alive, but the revenue challenged the action of the appellate assistant commissioner in granting continuation of the registration for the assessment years 1968-69 and 1969-70 and filed appeals against the order of the appellate assistant commissioner for those years. the tribunal referred to the decision of this .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-20-1978
Reported in : AIR1978Cal239,82CWN288
..... arbitration was held in abeyance pending disposal of the suit. 13. the appellant thereupon filed an application, in this court on or about june 1, 1968 under section 34 of the arbitration act, 1940 for stay of the suit. the said application was opposed by the respondent by filing an affidavit-in-opposition affirmed by sundarlal mallo a partner of ..... of. 32. the appeal in the circumstances is allowed and the impugned order is set aside. the application by the appellant under section 34 of the arbitration act 1940 is allowed and the suit no. 440 of 1968 is stayed. there will be no order for costs in the circumstances. sankar prasad mitra, c.j. i agree. ..... the respondent affirmed on july 15, 1968, to which the appellant filed an affidavit-in-reply affirmed by nandalal bajaj on nov. 25, 1969. there was .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-20-1978
Reported in : (1978)2CompLJ303(Cal),[1979]116ITR26(Cal)
..... applied the 'yield or rental method' for the valuation in the instant case.36. we entirely agree with the principles laid down in radha devi jalan : [1968]67itr761(cal) and find that the tribunal has correctly applied the same in the instant case. if a statutory control is imposed on a commodity, restricting the ..... as payment of compensation having regard to the conditions prevailing in themoney market. capitalization of annual rental which is generally basedon controlled rent under some state act at rates pegged down to the ratesprevailing in 1940 and on the footing that investment in buildings yields81/3 per cent. return furnishes a wholly ..... cooper v. union of india : [1970]3scr530 . in this decision, the supreme court considered the vires of the banking companies (acquisition and transfer of undertakings) act, 1969. one of the main questions involved was whether 'compensation' in such an acquisitive statute would in consonance with article 31 of the constitution be a just equivalent .....
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