Court : Kolkata
Reported in : (1982)26CTR(Cal)28,[1982]137ITR285(Cal)
..... aac's action being right. we have looked up part iii of the schedule to the finance act, 1965, and find that item no. 21 specifically refers to automobile ancillaries. the assessee is clearly entitled to rebate as given by the aac for reasons mentioned by him in ..... his order. the relief was given by the aac in view of item no. 21 in part iii of the list of articles and things in the schedule to the finance act, 1965. the departmental representative stated that the aac was wrong in allowing the relief while the assessee's counsel said that there could be absolutely no two opinions about the .....
Tag this Judgment!Court : Kolkata
Reported in : 1982CriLJ909
..... it was claimed that in view of such character and nature of the job, on representations being made, the standing finance committee of the said corporation, resolved on or about 21st jan. 1965, that the petitioner amongst others, should be granted ..... the petitioner has retired automatically and in due course on reaching his age of superannuation, with effect from 4th may 1978. there may also be iustification in the submissions of the answering respondents that in a vast organisation like the said corporation ..... . thus, like all other criminal trials or proceedings, the existence of mens rea or the criminal intention behind the act as complained of. will also have to be looked into and considered, before any action under section 340 is recommended ..... the administration of justice. section 340 cr.p.c. with which the chapter opens is the equivalent of the old section 476. criminal p. c. (5 of 1898). the chapter has undergone one significant change with regard to the provision of appeal which .....
Tag this Judgment!Court : Kolkata
Reported in : [1982]135ITR797(Cal)
..... was no evidence on the part of the department to show that the assessee had actually received such an amount as alleged by the department. the loan from saroda finance of rs. 30,000, according to the tribunal, is not income and the receipt of rs. 50,000 from charu chitra was held by the tribunal to be ..... the assessee did not conceal the particulars of her income or deliberately furnish inaccurate particulars of such income within the meaning of section 271(1)(c) of the income-act, 1961 ? (2) whether the entirety of the circumstances of the case does not reasonably point to the conclusion of concealment or deliberate furnishing of the inaccurate particulars of ..... net professional income of the assessee was determined at rs. 2 lakhs.5. simultaneously, the ito initiated penalty proceedings under section 271(1)(c) of the i.t. act, 1961, and referred the matter to the iac.6. meanwhile, the assessee preferred an appeal before the aac who accepted the professional income of the assessee at rs. .....
Tag this Judgment!Court : Kolkata
Reported in : 1981(8)ELT874(Cal)
..... new or different product.14. similar view was expressed on a revision petition filed by surat bottling co. ltd. before the government of india, ministry of finance. the order is reported in 1980 e.l.t. 333. it is inter alia stated to the effect that merely because the goods are produced with the ..... also purchases typewriter ribbons and other items from other manufacturers and sells the same in the market through their own selling organisations.2. on or about august 17, 1978, m/s. rainbow ribbon industries, (respondent no. 4) offered the company for sale various types of ribbons manufactured by them as per their specification, a copy ..... realise the requisite excise duty from the actual manufacturer of the typewriter ribbons, namely, the respondent no. 4.9. section 2(f) of the central excises and salt act, 1944 defines 'manufacture' and 'manufacturer' as follows :'manufacture' includes any process incidental or ancillary to the completion of a manufactured product...and the word 'manufacturer' .....
Tag this Judgment!Court : Kolkata
Reported in : [1982]137ITR350(Cal)
..... are entirely different. similar or more or less were the facts in the other decision of the bombay high court in the case of cit v. h. r. aslot : [1978]115itr255(bom) , where, following the ratio of the previous decision of the division bench of the bombay high court, it was held that there was transfer. but the facts ..... on resale of the properties as above which were to be shared by all in equal proportion. finally, the assessee did not finance the purchase of the property at 12-a & 12-b, russel street, calcutta, the entire finance was made by sri banwarilal pasari, sri purushot-tamdas pasari, sri sankarlal pasari. the only thing which the assessee did was to ..... our attention to the decision of the bombay high court in the case of cit v. tribhuvandas g. patel : [1978]115itr95(bom) , where the division bench of the bombay high court held thatunder section 2(47) of the i.t. act, 1961, the transfer in relation to a capital asset included the sale, exchange or relinquishment of the asset or the .....
Tag this Judgment!Court : Kolkata
Reported in : (1982)28CTR(Cal)345,[1983]140ITR272(Cal)
..... the decision of the supreme court in the case of india cements ltd. v. cit. there the assessee had obtained the loan of rs. 40 lakhs from the industrial finance corporation and secured it by a charge on its fixed assets. in this connection it spent a sum of rs. 84,633 towards stamp duty, registration fees, lawyer's ..... wholly and exclusively for the purpose of the assessee's business and, therefore, was allowable as a deduction under section 10(2)(xv) of the indian i.t. act, 1922, the act of borrowing money was incidental, according to the supreme court, in the facts of that case, to the carrying on of the business, the loan obtained was not ..... . consequently, in the circumstances of the case, the supreme court was of the view that the expenditure was revenue expenditure within section 10(2)(xv) of the indian i.t. act, 1922. the supreme court noted further that the expression ' for the purpose of business ' was wider in scope than the expression ' for the purpose of earning profits '. 10. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1982)1ITD1100(Kol.)
..... of computation of interest would come in only when the tax is actually paid. it may be that the tax is not paid in accordance with the provisions of chapter xvii of the act but recovered in some other manner as contemplated by section 232. in such a case the liability to pay interest under section 201(1a) would nevertheless be there ..... section 201. if any authority is required for this purpose, we may refer to the decision of the gauhati high court in cit v. shyam sundar tea co. (p.) ltd. [1978] 114 itr 116 which is directly in point. in this case, certain dividends had been declared by the assessee but the tax deducted therefrom had not been paid to the ..... years in dispute would apparently be time barred. for this proposition, reliance was placed upon two judgments of the calcutta high court itself in cit v. eyre smelting p. ltd. [1978] 114 itr 51 and cit v. dunlop rubber co. (india) ltd. [1980] 121 itr 476. reference was also made to a view taken by the tribunal, "a" bench, calcutta in .....
Tag this Judgment!Court : Kolkata
Reported in : 1981LC545D(Calcutta)
..... of cotton in such manufactured products. in the absence of identifiable standards it is difficult to bring the said products under 18a. in view of these difficulties the finance act of 1972 introduced in clear, unambiguous, unequivocal language 18e which covers goods which are produced by the mixture of two or more fabrics man made and natural. if ..... 10 paise to 50 paise per kilogram. it is only in the year 1968 by notification the goods falling under item 18a were brought within the purview of chapter 7a. the respondents at all material times proceeded on the basis that the blended yarn manufactured by the petitioner fell under item 18a and were covered by ..... the first schedule. thereafter the petitioner immediately applied for refund of the excise duty paid but the same prayer was rejected by the order dated 26th april, 1978.6. in the affidavit filed by bimal kanto ghosh the assistant collector of central excise the entire procedure for payment of excise duty have been stated specially the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1982)2ITD149(Kol.)
..... the latter sustained any personal injury in the course of the employment, the assessee by virtue of the provisions of the 1923 act became liable to pay compensation in accordance with the provisions of chapter ii of the act, except in exempted cases, which is not the position in the present case. there is no dispute in this behalf. the ..... had not accrued in the year under consideration. he, accordingly, issued a show-cause notice as to why an order under section 263 of the income-tax act, 1961 ('the act'), as the circumstances justify including an order, or enhancing, or modifying the assessment order or cancelling the assessment and the making of the fresh assessment, be not ..... assessee in appeal is b.c. bose & co. (p.) ltd., calcutta, carrying on the business of stevedores at the calcutta port. the year of assessment involved is 1978-79 for which the previous year ended 30-6-1977.2. admittedly, the ito, in the assessment of the assessee for the year under consideration, has allowed a debit .....
Tag this Judgment!Court : Kolkata
Reported in : [1983]52STC329(Cal)
..... the petitioner, since the above amendment of item 10(a) in 1979 the respondents have been subjecting the petitioner to illegal and arbitrary assessment of tax under the act and it is this allegedly illegal assessment which is the subject-matter of the present application.6. mr. gopal chakraborty who appeared on behalf of the petitioner contended ..... the charging section and provides as follows :levy and collection of taxes:--(1) save as otherwise provided in this chapter, there shall be levied and collected, for the purposes of this act, a tax on the entry of every specified goods into the calcutta metropolitan area for consumption, use or sale therein from any place outside that area, ..... tarkari or sak' in item 6 of schedule i to the bengal finance (sales tax) act, 1941, and, therefore, its sales are exempt from tax under section 6 of the act. it was further held that the word 'vegetables' in item 6 of schedule i to the act must be construed as understood in common parlance and it must be .....
Tag this Judgment!