Court : Kolkata
Reported in : [1982]50STC113(Cal)
..... west bengal v. itco private ltd,. [1975] 35 stc 248. in that case, it has been observed that the power delegated under section 15 of the bengal finance (sales tax) act, 1941, read with rule 71 of the bengal sales tax rules, 1941, by the commissioner to the assistant commissioner to revise an order passed by the commercial tax ..... 15. in the unreported determinations in the case of ogarhmull choudhury and co. v. commercial tax officer [civil rule no. 4186 (w) of 1973 decided on 23rd may, 1978-calcutta high court] page 126 infra, ex -parte assessments by the commercial tax officer, central section, as made for the 4 quarters ended kartick badi 14, sambat years ..... was made on behalf of the petitioners to the unreported decision in ogarhtnull choudhury v. commercial tax officer [civil rule no. 4186 (w) of 1973 decided on 23rd may, 1978-calcutta high court] page 126 infra. in that case also mr. s. n. dutta appeared for the respondents. in this case, mr. dutta produced the records containing the .....
Tag this Judgment!Court : Kolkata
Reported in : [1989]30ITD139(Cal)
..... chargeable under the heads, 'interest on securities', 'income from house property', 'capital gains' and 'income income means total income computed in accordance with the provisions of this act before making any deduction under' chapter vi-a as the dividend income of rs. 78,400 is more than the business income of rs. 65,079 the assessee is an investment company and so ..... by the assessee is against the order of the cit (a) dated 12-9-1986 for the assessment year 1979-80 for which the previous year ended on 31-12-1978.2. the assessment of the assessee for the assessment year 1979-80 was completed under section 143(3) on 29-10-1981 computing the total income at rs. 96,189 ..... the explanation to section 73 was not attracted in the assessees case. in fact in the assessment year 1978-79 the ito had allowed set off of carried .....
Tag this Judgment!Court : Kolkata
Reported in : [1983]52STC297(Cal)
..... the manufacture commercially expedient, are goods which may be treated as used in the manufacture within the meaning of section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941, and industrial gloves put on by a manufacturing campany's workmen engaged in hot jobs or in handling corrosive substances in the course of manufacture can ..... be said to have been used in the manufacture of goods for sale as understood by the provisions of section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941. such view as expressed by this court in the determinations as mentioned above was approved in the case of member, board of revenue, west bengal v. ..... supported by mr. gupta, on a reference to the, observations of the supreme court in the case of mohinder singh gill v. chief election commissioner, new delhi air 1978 sc 851. where it has been observed that when a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons so mentioned .....
Tag this Judgment!Court : Kolkata
Reported in : [1983]6ITD35(Cal)
..... merger no doubt benefited both the companies which were parties to the scheme of amalgamation. as a result of the merger the assessee secured large funds for financing its new unit at bhopal which was commissioned in december 1976. the facts brought out above clearly showed that the company restructured its capital base by doubling ..... bringing about the merger in the circumstances could not be considered as a capital expenditure. in this connection it has been pointed out that in the assessment year 1978-79, the disallowance made by the ito of a sum of rs. 69,508, being the legal expenses incurred in connection with the amalgamation of dena bank ..... of the transferor company had been looking out for profitable outlets for utilising the amount of compensation that had been received from the central government under the acquisition act and after due deliberation, the board of directors of the transferor company decided that it would be in the interests of the shareholder to amalgamate with a .....
Tag this Judgment!Court : Kolkata
Reported in : (1987)59CTR(Cal)41
..... on 4-2-1971 and the appeal before the tribunal was decided on 22-3-1973.3. in the meantime s. 5(1)(vii) of the wt act, 1957 was amended by the finance (no. 2) act, 1971. by the said amendment jewellery was excluded was excluded from the items exempted under the said section with retrospective effect from 1-4-1963. an ..... the facts and in the circumstances of the case and on a proper interpretation of s. 5(1)(viii) of the wt act, 1957, its retrospective amendment by the finance (no. 2) act, 1971 and s. 35 of the wt act, 1957, the tribunal was correct in holding that the rectification orders passed by the wto were justified and were wrongly cancelled by ..... explanation came into force.12. in support of his contentions, the ld. advocate for the assessee relied on and cited cwt, west bengal-i, calcutta v. aditya vikram birla : [1978]114itr711(cal) where it was held by a division bench of this court, inter alia, that before the explanation introduced in s. 5(1)(viii) came into force the expression .....
Tag this Judgment!Court : Kolkata
Reported in : [1978]41STC112(Cal)
..... on the ground of unreasonable delay or on the ground that it should have made an application for refund within the period fixed under section 12 of the bengal finance (sales tax) act, 1941, as contended on behalf of the appellants. the decision of the supreme court in swadeshi cotton mills co. ltd. v. government of u.p. [ ..... no. 5. the sales tax authorities realised from respondent no. 1 a sum of rs. 53,045.10 during the period between 1951 and 1955 under the bengal finance (sales tax) act, 1941. in terms of the said agreement, respondent no. 5 reimbursed respondent no. 1 a sum of rs. 40,871 towards sales tax paid by it. respondent ..... s. hindusthan construction co. ltd., was made absolute.2. respondent no. 1 carries on the business of engineers and contractors. it is also an assessee under the bengal finance (sales tax) act, 1941. respondent no. 5, the corporation of calcutta, invited tenders for the completion of dry water flow channel for 'dr. dey's kulti outfall scheme' for construction .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal3,[1961(3)FLR391]
..... of office' and 'head of department'. these areas are separate and do not overlap. one commissioner has no power of superintendence over another, and cannot act as an appellate authority over the decision of another commissioner of income-tax. thus, there is no question of subordination in rank. promotion in such cases means ..... bengal. the fact is, that the central board of revenue, in exercise of powers granted under sub-section. (2) of section 5 or the income-tax act, has specified certain charges, viz., the west bengal charge and the calcutta charge, and the central government has appointed commissioners of income-tax in these charges. ..... this chapter is relied upon, and the relevant part thereof runs as follows :-- '17. commissioners of income-tax:--(a) thereare two grades of commissioners of income-tax(class i service) viz., commissioners, grade iand commissioners, grade ii. promotions to thegrade of commissioner of income-tax, grade i(other than posts reserved for finance/commercepool .....
Tag this Judgment!Court : Kolkata
Reported in : (2002)74TTJ(Cal)994
..... were enjoyed by the assessee for at least this short period. it is also not in dispute that a flat interest of 0.75 per cent on the amount so financed was paid to the moneylender and that during the year such interest charges came to rs. 33,570, details of which have been furnished in assessee's paper book ..... . . . . later madras a bench of the tribunal (camp: madurai) in the case of second ito tuticorin v. m/s grahlaxmi & co. in ita no. 377/mad/1981 (assessment year 1978-79) to which one of us, the vice-president, was a party, has added one more reason that (is that) section 69d applies only to instruments which are negotiable without ..... , dated 24-7-1976, in an effort to elucidate scope and effect of this section, explains that 'the term 'hundi', which has not been defined under the income tax act, denotes, in common commercial parlance, an indigenous instrument in vernacular language which can be used by holder thereof to collect money due thereon without using the medium of currency.' this .....
Tag this Judgment!Court : Kolkata
Reported in : [1979]44STC246(Cal)
..... of taxes earlier paid by the respondents for the aforesaid three periods. accordingly, a notice in form vii was issued under section 11(3) of the bengal finance (sales tax) act, 1941, showing such excess payment of the tax. such reassessment was made on 8th december, 1965, and on 11th december, 1965, the respondents filed three ..... that two years after the aforesaid reassessment, when the assistant commissioner of commercial taxes initiated suo motu proceedings for revision under section 20(3) of the said act and issued show cause notices on 18th december, 1967, the appellants could hold back the money which was repayable to the respondents until the disposal of the ..... the application so filed, which was kept pending for over two years and then the assistant commissioner initiated suo motu proceedings under section 20(3) of the act for revision. thus, it appears that, having initiated such a proceeding for revision, they are trying to take advantage of their own default earlier made, because .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)130CTR(Cal)530
..... tro) may draw up under his signature a statement in the prescribed form specifying the amount of arrears due from the assessee (such statement being hereafter in this chapter and in the second schedule referred to as certificate) and shall proceed to recover from such assessee the amount specified in the certificate by one or more of ..... more was in default in making payment of income-tax/wealth-tax and penalties to the tune of rs. 18,79,773 which had been lying unpaid since 1978. this order (which has been impugned in these proceedings) concludes with the following sentences :'it is thus clear that the assessee parted with his aforesaid assets in ..... the section did not contemplate any adjudication or passing of any order thereunder. it is submitted that the validity of the transaction to which s. 281 of the act may have any application could be adjudicated only by a competent civil court in a properly instituted suit/proceeding after considering the evidence and contentions of the parties. .....
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