Court : Kolkata
Reported in : (1983)31CTR(Cal)177,[1983]140ITR636(Cal)
..... section will indicate that there are, however, one or two procedures for remedy. in this connection, we may refer to s. 80 which enjoins that notwithstanding anything contained in that chapter, no loss which has not been determined in pursuance of a return filed under s. 139 shall be carried forward and set off under sub. s. (1) of s. ..... high court in the case of qammar-ud-din & sons v. cit : [1981]129itr703(delhi) , of the calcutta high court in the case of mohindra mohan sirkar v. ito : [1978]112itr47(cal) , as also in the case of sheonath singh v. cit : [1958]33itr591(cal) . it appears to us that the appropriate directions in respect of question no. 2 would ..... give a finding, and does not compute the loss made by the assessee, the computation of the loss by the assessee has become appealable under section 30 of the act and no appeal having been preferred the computation becomes final. before we reach this stage there must be a therefore, of either its finality or appealability arises.it is .....
Tag this Judgment!Court : Kolkata
Reported in : [1982]51STC199(Cal)
..... the order of the board of revenue passed in revision under section 20(3). in that case an order in revision under section 20(3) of the bengal finance (sales tax) act, 1941, was made by the board of revenue on 28th january, 1967 and the communication of the order was made to the assessee on 4th march, 1967. ..... under section 21(1) of the said act and referring the question of law to this court for decision by treating the concerned application as filed within time.13. the rule was made ready as regards service on 27th january, 1978 and although directions for affidavits were given on 17th february, 1978 and an appearance has been entered for and ..... referred to as the said act). the said company has further stated to be regularly assessed by the commercial tax officer, rajakatra charge, calcutta, respondent no. 5. the original registration certificate of the said company was no. csi/1906a which was subsequently changed to rj/1906a and thereafter, on and from 2nd may, 1978, it has been stated, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1983Cal129,87CWN70
..... additional controller or deputy controller. section 26 provides for administrative powers and functions of the controller and the officers under him as mentioned therein.11. chapter iv of the act deals with the deposit of rent by the tenant it provides that where the landlord does not accept any rent tendered by the tenant within the ..... challans and vary the appropriation of rent to a month other than what was mentioned in the application. sitting singly while deciding the case of provabati v. satyendra, 1978 (1) cal lj 629, i have followed the division bench decision in manickchand durgaprosad's case : air1969cal104 (supra). i am unable to agree with the ..... decision in the case of manick chand durga prosad v. bulaki das baheti : air1969cal104 (supra). 28. in the case of provabati chakrabarti v. satyendra nath chatterjee, 1978 (1) cal lj 629, my brother chittatosh mookerjee, j. sitting singly, considered a case where the name of section r. chatterjee was written in the challans in .....
Tag this Judgment!Court : Kolkata
Reported in : [1984]146ITR347(Cal)
..... . the deduction was not allowed on the ground that the liability of the company to tax fell to be determined on april 1, 1946, when the finance act, 1946, came into force. the question that was sought to be argued was that the proviso to section 10(2)(vii) had come into operation in the year in ..... of twenty-five thousand rupees, the income-tax officer shall refer the case to the inspecting assistant commissioner who shall, for the purpose, have all the powers conferred under this chapter for the imposition of penalty.'14. in this case the ito had added back more than rs. 29,000 to the income disclosed by the assessee in his return. ..... the share dealing and share speculation. he, accordingly, added these two amounts in the hands of the assessee and also initiated penalty proceedings under section 271(1)(c) of the act. since, however, the minimum penalty imposable exceeded the prescribed limit, he referred the matter to the iac for the imposition of penalty. the iac issued a show-cause notice .....
Tag this Judgment!Court : Kolkata
Reported in : (1983)32CTR(Cal)318,[1984]145ITR387(Cal)
..... was in error in basing its conclusion on the facts found by it indetermining whether the assessee was an industrial company in terms of section 2(7)(c) of the finance act, 1978. we would, therefore, answer the question in the affirmative and in favour of the assessee. in the facts and circumstances of the case, the parties will pay ..... in the course of its assessment had claimed that by carrying on the above business it was an 'industrial company' in terms of section 2(7)(c) of the finance act, 1978, and so it was entitled to the concessional rate of tax allowed to such a company. in order to appreciate the contentions, it would be necessary to refer ..... income attributable to any one or more of the aforesaid activities included in its total income of the previous year (as computed before making any deduction under chapter via of the income-tax act) is not less than fifty-one per cent. of such total income.'4. the assessee, therefore, claimed that it was entitled to concessional rate allowed .....
Tag this Judgment!Court : Kolkata
Reported in : 1983(1)CHN25,[1985]58CompCas338(Cal)
..... [1977] 47 comp cas 92 (bom) it has been held that (headnote at p. 96):' that chapter ii of the act, which includes section 255, deals with corporate management of a company through directors in normal circumstances, while chapter vi, which contains sections 397, 398 and 402, deals with emergent situations or extraordinary circumstances where the normal corporate ..... in relation to which the present application could be taken out. 12. mr. mukherjee relied one the case of cosmosteels p. ltd. v. jairam das gupta : [1978]2scr422 , and submitted that the scheme of sections 397 and 406, constitutes a court by itself by, granting relief to the oppressed minority shareholders and for granting, appropriate ..... j.1. this application has been taken out by hanuman prosad verma, shyam chandra ghosh and upendra charan pal against the company, m/s. stock & finance ltd. and others, for various reliefs in the nature of directions on the special officer to prepare a correct list of members and upon approval of .....
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 : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1983)3ITD359(Kol.)
..... on gross dividend and not on net dividend.shri bajoria, the learned departmental representative, referred to section 80aa and stated that the section was introduced by the finance (no. 2) act, 1980, with retrospective effect from 1-4-1968. under the circumstances, deduction under section 80m cannot be allowed on the gross dividend of the assessee. ..... under that section shall be computed with reference to the income by way of such dividends as computed in accordance with the provisions of this act (before making any deduction under this chapter) and not with reference to the gross amount of such dividends." 57. deductions.-the income chargeable under the head 'income from other sources' ..... that the provisions relating to dividend income are sections 8, 2(22), 194, 198, 199, 203, 56(2)(i) and 57(0 of the act. after referring to the decisions in cit v. raghunandan prasad moody [1978] 115 itr 519 (sc), cit v. cotton fabrics ltd. [1981] 131 itr 99 (guj.), cit.bagyalakshmi & co. [1965] 55 itr .....
Tag this Judgment!Court : Kolkata
Reported in : 1987(27)ELT394(Cal)
..... of this court. the registrar has submitted a report which supports the contention of the respondent about such a practice prevailing in the original side.8. rule 3, chapter 40 of the original side rules, provides: 'where no other provision is made by the code or by these rules the present procedure and practice shall remain in ..... to reconcile such a meaning with an intentional misstatement or false statement made by the owner in collusion with the officer concerned. as held in bengal paper mill's case-(1978) 82 cwn 766, the word 'misstatement' in rule 11 is not confined only to a bona fide wrong statement, but it included a false statement as well. ..... by the finance minister.27. thereafter, the respondent moved the present writ application and obtained the rule nisi out of which this appeal arises. khastgir, j., who heard the rule nisi, came to the conclusion, inter alia, that the appellants had no jurisdiction to make a 'best judgment' assessment which is not provided for in the act or in .....
Tag this Judgment!Court : Kolkata
Reported in : (1983)35CTR(Cal)254,[1983]144ITR317(Cal)
..... relief, rebate or deduction in respect of income-tax to which the company may be entitled under the provisions of the said act or the annual finance act......' 51. section 14 of the c.(p.)s.t. act empowers the ito to recompute and determine the surtax payable or refundable when an order has been passed under section 154, 155, ..... assessee-company, the tribunal has referred the following question of law to this court under section 256(1) of the i.t. act, 1961, arising out of the tribunal's order dated 9th february, 1978,'whether, on the facts and in the circumstances of the case, and on a correct interpretation of the provisions of the income- ..... total income under section 15 of the surtax act.'15. surtax deductible in computing distributable income under income-tax act.--notwithstanding anything contained in clause (i) of section 109 of the income-tax act, in computing the distributable income of a company for the purposes of chapter xi-d of that act, the surtax payable by the company for any .....
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