Court : Kolkata
Reported in : AIR1987Cal29
..... petitioner had no banking account with the respondent 1 save and except the obligation of the state bank of india arose under the high denomination bank notes (demonetisation) act of 1978 where, under section 7 sub-section (2) it had been provided that any person desiring to tender for exchange a high denomination bank note should prepare in ..... . the learned lawyers further relied upon the observation made in : (1980)illj137sc gujrat steel tubes ltd. v. its mazdoor sabha to the effect : --'in the second chapter of our sum up the first thing we decide is that article 226, however restrictive in practice, is a power wide enough, in all conscience, to be a friend ..... mala fide motive informed the income-tax department that amounted to a mala fide abuse of the obligation created between a banker and its constituent. the ministry of finance had not issued any notification which clothed either the bank to disclose the information or the commissioner of income-tax with the power to attach the said sum .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal319,69CWN767
..... . reference may usefully be made to the summary of the law as laid down on op-penheim's treatise on international law, 7th edition, edited by h. lauterpacht in chapter ii part ii article 115a 'the third consequence of state equality is that--according to the rule par in parem non habet imperium--no state can claim jurisdiction over another ..... of issues of fact but permitted only issues of law to be tried as preliminary issues. it will not be out of place to refer in this connection to chapter 14 rule 6 of the original side rules of this court which makes provisions for settlement of issues where it is desirable that any question of law should be decided ..... not for private acts, which has turned out to be a most elusive test. all admit exceptions. there is no uniform practice. there is no uniform rule'. according to his lordship the transaction between the finance minister of hyderabad and the foreign secretary of pakistan was more in the nature of a treaty than a contract or a trust. 113. the .....
Tag this Judgment!Court : Kolkata
Reported in : (1993)46TTJ(Cal)596
..... end of the accounting year the aforesaid amount remained outstanding. in fact, the provision of s. 43b with special reference to expln. 2 inserted by the finance act, 1989 with retrospective effect from 1st april, 1984 has come for consideration by various honble high courts and the allowability of the tax, duty, cess or ..... (p) ltd. : [1976]102itr260(bom) ;(iii) 'technical know-how' - cit vs . festo elgi (p) ltd. : [1981]129itr499(mad) ;(iv) cit vs . vac met corpn. (p) ltd. : [1978]115itr550(guj) ;(v) cit vs . mcgaw ravindra laboratories (india) ltd. : [1981]132itr401(guj) ;(vi) cit vs . emco electro (p) ltd. : [1979]118itr864(bom) (vii) 'books' - catalysts & chemicals ..... was an agricultural land and formed a part of the tea garden situated in rural area. he stated that the lands were surrendered in 1975, 1976 and 1978 and piecemeal compensation was received. he stated that the land was an agricultural land wherein full cultivation operations were going on like growing green crops, thatch, .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2005)94ITD89(Kol.)
..... to include a variety of items, very diverse in character such as ships, vehicles, books, scientific apparatus and surgical equipment, used for the purpose of business or profession. the finance act, 1995, amended the definition with retrospective effect from 1st april, 1962 to state that the word 'plant' does not include tea bushes or live stock. the very fact ..... and has not to be made periodically. [see m.k. bros. (p) ltd. v. cit (1972) 86 itr 38 (sc) and cit v. india tobacco co. ltd. (1978) 114 itr 182 (cal)]. (xvii) it is the true nature of the expenditure that is relevant and not the name or description given to it by the assessee in his ..... business on the relevant date. once the business is set up, expenditure incurred concerned such business can be claimed as business expenditure subject to other applicable conditions of the act being satisfied.prem conductors (p) ltd. v. cit (supra), the hon'ble gujarat high court has held that since selling the goods manufactured by the company is .....
Tag this Judgment!Court : Kolkata
Reported in : [1992]197ITR462(Cal)
..... the commissioner and the judge, and for substantially the same reasons, i would answer the first question in favour of the taxpayer company.schedule 12 to the finance act, 1973i have already anticipated my answer to the second quetion. once the legislative purpose underlying section 28 and part i of schedule 12 is understood - and ..... though not legally or equitably owned by a person, was nevertheless in that persons full possession and control, such as a charterer by demise. in i. congreso del partido [1978] q.b. 500, robert goff j. declined to follow brandon j.s decision. he held, at p. 538, that 'beneficially owned' referred only to equitable ownership ..... start by setting out for convenience the statutory provisions relevant to both question. i start with the act of 1970. section 258 provides :'(1) relief for trading losses ... may in accordance with the following provisions of this chapter be surrendered by a company (called the surrendering company) which is a member of a group of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1982)1ITD857(Kol.)
..... does not apply to a case where any order of assessment or levy is passed. the purpose of sub-clause (hi) of section 2(m), as inserted by the finance act, 1959, with retrospective effect from 1-4-1957, is explained by the memorandum explaining the financial proposals as under : ordinarily, debts owing by the assessee have to be ..... , that is, deduction of tax from the salaries payable to the employees, would not amount to a liability arising in consequence of any order passed under the income-tax act or other acts specified therein. therefore, he held that the conditions envisaged under items (a) and (b) to sub-clause (iii) of section 2(m) would not be satisfied ..... deemed to be in default in making payment of tax deducted from the salaries payable to his employees. ah these provisions are under chapter xvii dealing with collection/recovery of tax. the tax deducted at source under section 192 of the income-tax act is not in consequence of an order passed under or in pursuance of the income-tax .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1984)8ITD738(Kol.)
..... debarred by section 2(m). for example, there is the decision of the calcutta high court in cwt v. bansidhar poddar [1978] 112 itr 957 in which the assessee had made a voluntary disclosure under section 68 of the finance act, 1965, and paid the tax on 26-5-1965. he claimed deduction from the net wealth for the assessment year 1965 ..... assessment year, the tax on such income shall be payable by deduction at source or by advance payment, as the case may be, in accordance with the provisions of this chapter. (2) nothing in this section shall prejudice the charge of tax on such income under the provisions of sub-section (1) of section 4.part b deals with ' ..... at the source or paid in advance, where it is so deductible or payable under any provision of this act." 9. the provisions, referred to above, are contained in chapter xvii of the 1961 act having the title as 'collection and recovery of tax'. the chapter is divided into four parts. part a deals with general provisions.section 190 of the 1961 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1989)29ITD15(Kol.)
..... income-tax (including surcharge on incomes, if any) applicable in relation to the highest slab of income in the case of an association of persons as specified in the finance act of the relevant year. in support of the contention that the assessees before us should be assessed in the status of an association of persons, learned departmental representative placed ..... educational trust fund (supra) was erroneous. according to sri biswas in view of the decision of the bombay high court in the case of cit v. smt. godavaridevi saraf [1978] 113 itr 589, the tribunal was bound to follow the decision of the calcutta high court in the case of smt. santimoyee bose (supra) which supported the view that ..... thereto are analogous to section 160(1) and 160(4) of the act. their lordships in the case of trustees of h.e.h. nizam's family (supra) have held that section 41 only comes into play after the income has been computed in accordance with chapter iii and then the question of payment of tax arises and it is .....
Tag this Judgment!Court : Kolkata
Reported in : [1943]11ITR393(Cal)
..... sum of rs. 57,689/- arises in this way : the dividends received by the plaintiffs from the two rupee-companies and the sterling companies were taxed to income-tax under finance act of 1938 at the rate of twenty six pies per rupee and the total of the income tax paid by the rupee companies amounted to rs. 11,06,890/-. the ..... decision which seems to me to have a direct bearing on the question before us. in that case the question before the court was whether part vi of the bombay finance act, 1932, as amended in 1939 was ultra vires of the local legislature. sir jamshedji kanga for the plaintiff argued (page 62) 'section 226 of the govt. of india ..... derbyshire, c.j. - this matter originally came before mcnair, j., who referred it to the chief justice, under rule 3 of chapter v of the original side rules which is as follows :-'where it shall appear to any judge at any stage of a suit, application or other matter, that it involves .....
Tag this Judgment!Court : Kolkata
Reported in : (1989)ILLJ426Cal
..... section 1) constituted a public enterprises selection board with functions including appointments to board level posts. the bureau of public enterprises under the ministry of finance acts as a co-ordinater and evaluation agency for public sector undertakings and functions including personnel policies relating to public undertakings. as appears from correspondence the bureau ..... supra) is an authority within the meaning of article 12 of the constitution and, therefore, amenable to the writ jurisdiction for enforcement of rights under chapter 3 of the constitution and secondly, questions which have been dealt with is whether their terms of an employment being an unconscionable term was void. ..... accepted methodology of all governmental action. the observations of the supreme court in the case of maneka gandhi v. union of india reported (air) 1978 sc 597 seem to be very apposite in this context. the supreme court observed:natural justice is a great humanising principle intended to invest law with .....
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