Court : Kolkata
Reported in : (1976)5CTR(Cal)180
..... the division of interest or ownership in the units of the lands or buildings. the validity of the wealth tax act, 1957 after the finance act, 1969 which incorporated amendments to the relevant provisions of the wealth tax act, 1957 by including the capital value of agricultural lands in computing the net wealth for the purpose of the ..... for a public purpose and the purpose of the different taxes have been mentioned, according to counsel for the petitioner, in the provisions of chapter i, part xii, of the constitution dealing with finance, property, contracts and suits, etc. the articles subsequent to article 268 upto art. 272 of the constitution deal with the distribution of ..... taxation was compulsory exaction for public purposes and if these impositions were not impositions in the nature of tax on income then there was no purpose indicated in chapter xii of the constitution. therefore these taxes were for no purpose and as such not valid taxes. it is true that articles 268, 269, 270, 271 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1976Cal142
..... other chapters deal with other incidental matters. the bengal wakf act, 1934, provides definitions of ..... and the appointment of the commissioner. chapter iii deals with the function of the commissioner and the board. chapter iv deals with the enrolment of wakfs. chapter v deals with the wakf accounts. chapter vi deals with the statements of wakfs-al-al-aulad; chapter vii deals with the transfer of property. chapter viii deals with mutwali. chapter ix deals with finance. chapter x deals with judicial proceedings and .....
Tag this Judgment!Court : Kolkata
Reported in : 1979(4)ELT57(Cal)
..... 16. my attention was drawn to a decision of masud, j. in the case of electric lamp mfg. co. (india) ltd. v. collector of central excise, calcutta - 1978 e.l.t. (j 84). in that case the learned judge was dealing with entirely a different set of facts which are not relevant in this application and as such ..... were sold to them on the basis of agreements which conferred certain extra commercial advantages upon them. the supreme court, further, observed that section 4 of the act provided that the real value should be found out after deducting the selling cost and selling profit and the real value can include only the manufacturing cost and manufacturing ..... article 226 of the constitution. 6. the question is, therefore, whether the said order determining the assessable value of the said chemicals under the central excises and salt act, 1944 is legal and valid. in order to appreciate this question it would be necessary to refer to certain provisions of the statute. sub-section (1) of section .....
Tag this Judgment!Court : Kolkata
Reported in : [1977]107ITR182(Cal)
..... kedarnath jute . v. commercial tax officer : [1965]3scr626 . this is a sales tax matter and the supreme court considered section 5(2)(a)(ii) of the bengal finance (sales tax) act (6 of 1941) and bengal sales tax rules, 1941, rule 27a. the question before the supreme court was when a dealer is entitled to claim exemption from sales ..... a question of computation.23. in the instant case, computation of profits of the new industrial undertaking has been made by the assessee in accordance with chapter iv-d of the income-tax act, 1961, and the assessee claimed relief up to 6% on computation of capital of the new undertaking on certain basis of apportionment. the income-tax ..... do with the profits or gains derived from any industrial undertaking. the profits or gains of the industrial undertaking should be computed in accordance with the provisions of chapter iv-d of the act as provided in sub-section (5) of section 84. the words 'as do not exceed six per cent. per annum on the capital employed' in .....
Tag this Judgment!Court : Kolkata
Reported in : [1978]48CompCas747(Cal)
..... corporate existence in any way, but has taken over all its assets and liabilities according to the said nationalisation act, and would pay in cash in the manner provided in the said chapter 3 of the said act. therefore, in my view, the petitioners are entitled to maintain this application under section 155 for rectification ..... company, and, in the absence of such specific provisions on the subject, regulations contained in table ' a ' of the. 1st schedule of the companies (1913 act) act apply.'4. relying on the said decision mr. mukherjee submitted that titles to the said shares were complete but due to a technical defect in the transfer deeds ..... section 155 of the companies act, 1956. those decisions are sha mulchand and co. v. jawahar mills ltd. : [1953]4scr351 , martin burn ltd. v. corporation of calcutta : [1966]1scr543 , town municipal council, athani v. presiding officer labour court, hubli, : (1969)iillj651sc , d. cawasji & co. v. stale of mysore : 1978(2)elt154(sc) and ramchandra .....
Tag this Judgment!Court : Kolkata
Reported in : (1978)ILLJ61Cal
..... not satisfied about the genuineness of the reasons for the absence, the absence was directed to be treated as break-in-service with all the consequences mentioned in the finance (audit) department no. 4845-f, dated 23rd of november, 1970. in the said memorandum dated 23rd of november, 1970 the consequences or the meaning of the ..... the 27th july, 1973, of the employees as mentioned in the statement, enclosed should be treated as break in service with the consequences as mentioned in the finance department memo no. 4845-f dated the 23rd november, 1970.it is further ordered that the pay already drawn for the period shown against each in the statement ..... -in-service. the question is whether in imposing these two consequences upon the petitioners the respondent no. 4 had acted illegally.7. the first question, therefore, is whether leave was properly refused or not. rule 153 of chapter xv of the west bengal service rules, part i, provides that leave cannot be claimed as a matter of right .....
Tag this Judgment!Court : Kolkata
Reported in : [1978]113ITR238(Cal)
..... earlier order passed by him, and, therefore, the tribunal was wrong in holding that the successor income-tax officer had no jurisdiction to invoke section 23a of the act for the second time.6. but the question is not whether there is any limitation on the power of the income-tax officer or his successor but whether ..... the assessment years 1955-56 to 1960-61 and 90% for the assessment year 1961-62 and started the proceedings for the second time under section 23a of the act for these years and passed an order against the assessee.4. the appeals filed by the assessee were dismissed by the appellate assistant commissioner, but the second appeals ..... year 1958-59 arc in order. please confirm that.....the amountsof dividends as proposed were actually declared..... as regards the question of applicability of section 104 of the new act to the assessment year 1962-63, this is receiving my attention separately.' 3. the dividends for those two years were declared by the assosscc who informed the income .....
Tag this Judgment!Court : Kolkata
Reported in : [1978]111ITR885(Cal)
..... understood by businessmen, but for the purpose of this particular statute these items should constitute reserve.....' 23. it does not appear to us that braithwaite's case : [1978]111itr729(cal) was decided by this court on concession alone. detailed arguments were advanced on either side and cases cited before us were cited and considered in that ..... decision of a division bench of this court in income-tax reference no. 262 of 1969 [braithwaite & co. (india) ltd. v. commissioner of income-tax--since : [1978]111itr729(cal) ] was brought to our notice and sought to be distinguished by mr. roy. in this case, the same question as in the instant reference was mooted before ..... the income of the company for the purposes of the indian income-tax act, 1922 (11 of 1922), or the income-tax act, 1961 (43 of 1961); (iv) its debentures, if any; and (v) any moneys borrowed by it from government or the industrial finance corporation of india or the industrial credit and investment corporation of india or .....
Tag this Judgment!Court : Kolkata
Reported in : 1976CriLJ1596
..... complainant and the witnesses and the result of investigation or enquiry, there is in his judgment, no sufficient ground for proceeding. under section 204 which comes within chapter xvii relating to commencement of the proceeding, a magistrate may issue summons for the attendance of the accused. the sentence begins with 'if in the opinion of ..... it was a matter of evidence whether the directors named in this case could be treated as agents of the company. the petition before us itself shows how finance was arranged for, how the i.f.c. was approached, how amounts were deducted from the employees' salary but the same was kept in the general fund ..... commissioner, dealing with the argument of mr. banerjee that there was no application of mind of mr. ghose submitted that there was initially a presumption that the official acts were done properly. moreover, the expression 'director' is only a designation or prescription to identify the particular persons. other particulars may come in due course. the .....
Tag this Judgment!Court : Kolkata
Reported in : [1977]39STC246(Cal)
..... hereinbefore on 16th january, 1974. there was a fresh certificate of incorporation in favour of coal india limited on 21st october, 1975. section 17 of the bengal finance (sales tax) act, 1941, provides as follows :17. transfer of business. where the ownership of the business of a registered dealer is transferred absolutely by sale, gift, bequest, ..... a fresh assessment in accordance with law after giving the petitioner reasonable opportunity. if necessary, the respondent-authority will ensure compliance under section 21a of the bengal finance (sales tax) act, 1941, of such papers and documents that may be in the possession of the coal mines authority.15. with the aforesaid direction the rule is made ..... or group of coal mines specified in the second column of the schedule shall be given by the central government, in cash and in the manner specified in chapter vi, for the vesting in it, under section 3, of the right, title and interest of the owner in relation to such coal mine or group of .....
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