Court : Kolkata
Reported in : AIR2004Cal46
..... is dispossessed from the property then, he is entitled to initiate legal proceedings for getting back possession of the same under section 6 of the specific relief act or under section 9 of the arbitration act. mr. mitra further submits that the complaint lodged by the petitioner does not disclose any cognizable offence for retaking possession by ..... petitioner submits that the vehicles were purchased by the petitioner directly from the manufacturer and a portion of the total sale price of the aforesaid vehicles was financed by the respondent no. 4 herein and the balance amount was paid admittedly by the petitioner. it has also been submitted on behalf of the ..... balance payment was made by the petitioner our of his own funds.4. it has been specifically alleged by the petitioner that the financier company, ashok leyland finance limited, being the respondent no. 4 herein, took the forcible possession of the aforesaid 4 vehicles from the custody of the petitioner without initiating or even .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2004)86TTJ(Kol.)996
..... court and reported in (2002) 173 ctr (sc) 475 -(2002) 254 itr 98 (sc) (supra), in which it was held that investment allowance under section 32a of 1964 act, could not be denied to the assessee, whose business consisted of leasing of machinery, on the ground that the machinery had not been used by the assessee and ..... by the assessees.on the other hand, the learned authorised representative submitted that the hon'ble calcutta high court, while deciding the issue in case of soma finance there was nobody on behalf of the assessee before the hon'ble trust in support, of the contention that where the lessee itself used the vehicles for hiring ..... the issue are that the assessees are engaged in the business of hire purchase and lease financing. the income from hire purchase is accounted by the assessees as finance charges and from lease financing as lease rentals. in the course of assessment under section 143(3), the assessing officer observed that the assessees have leased out motor lorries and .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(1)ARBLR173(Cal)
..... minutes recorded expressly that the learned arbitrator did not go into the merits of the case of both the parties.13. under sub-section (2) of section 15 of the said act where the mandate of the arbitrator is terminated, a substituted arbitrator should be appointed according to the rules that were applicable to the ..... the claim.11. as i have noted hereinabove that the hon'ble chief justice appointed the learned outgoing arbitrator on an application filed under section 11 of the said act by the claimant. the respondents challenged the jurisdiction of the arbitrator and called upon the learned arbitrator to rule on his jurisdiction. the respondents ..... and place of mr. p.k. banerjee, retired chief justice of rajasthan high court.2. admittedly, there has been an arbitration clause in the agreement of financing between the parties. in the arbitration clause it has been provided that all disputes, differences, claims and questions whatsoever arising between the parties should be referred to .....
Tag this Judgment!Court : Kolkata
Reported in : (2006)1CALLT355(HC)
..... that entire case has been prepared subsequently for the purpose of defence in this contempt case.36. the learned counsel of the petitioner relied on section 57 of evidence act and urged the court to take judicial notice of the facts that government cannot move with such speed. the learned counsel argued that some facts ..... be fixed initially in the post of superintending engineer (mechanical) with effect from 4.8.1985. the petitioner has also referred to the opinion of the finance department and the response of the administrative department. but for the purpose of deciding the issue in this contempt proceeding, those facts are not strictly necessary.6 ..... which arose in the said post. various legal proceedings have been initiated by the petitioner in respect of that claim.4. the petitioner came to know that the finance department, by their order dated 21st january, 2000 agreed to a proposal of special secretary, public works (road) department for creating a supernumerary post of superintending .....
Tag this Judgment!Court : Kolkata
Reported in : [2004]136STC492(Cal)
..... the petitioner, the assistant commissioner, commercial taxes granted an eligibility certificate to the company on january 20, 1995 for the purpose of availing remission under section 10g of the bengal finance (sales tax) act, 1941 which was initially valid for a period of one year ending on october 29, 1994 and was thereafter renewed up to october 29, 1995 ..... from hot rolled strips, a different commodity admittedly emerges and therefore, hot rolled strips were not purchased for resale as required under clause (vi) of section 17 of the said act.18. it has been argued that law of precedents has been decided holding that a decision by a larger bench of the apex court has to prevail ..... accepted, as regards exemption of tax liability for cold rolled strips manufactured from hot rolled strips.33. the omission of exemption 'in the same form' in section 17 of the act of 1994 does not alter the effect of above interpretation of law as made by apex court.34. the letter dated march 31, 1999, relied on .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(1)ARBLR389(Cal),2004(3)CHN37
..... sanyal, reported in and the decision in the case of ram chandra reddy, reported in 1994(2) scc 2381 dealt with the interpretation of section 20 of the arbitration act, 1940. the procedure under section 20 of 1940 is absent under aca, 1996. therefore those decisions are not at all applicable to the facts of this case.32. considering all ..... clause. the case of the respondent is that the claim of the appellant was quantified by its letter dated 10.01.2003, which was addressed to the manager (finance), haldia dock complex of the respondent with a copy to the chairman. the learned counsel for the respondent urged that if the same is construed as a letter with ..... arbitration under charter party.8. the appellant's case is that as nothing happened in view of various letters written by it, an application under section 11 of the arbitration & conciliation act, 1996 was filed on 30.01.2003 and the said application after exchange of affidavits was taken up for final hearing by the learned single judge .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(1)CHN305
..... and with reference to the aforesaid decisions, it has been contended by him that the primary onus lies with the complainant in an offence under section 138 read with section 141 of the n. i. act to show that the persons sought to be proceeded against were in charge of and were also responsible to the company for the conduct of ..... ., has submitted that whether or not particular accused persons were in charge of and responsible to the company, for the conduct of the business of the company for roping in the directors of the company by way of invoking the provisions of section 141 of the n.i. act without ascertaining the fact that ..... the n.i. act and since those averment covering sub-section (2) of section 141 are very much available in the petition of complaint against these two petitioners, no quashing is permissible.14. again sri roy referring to a decision reported in 2000(106) cr.l.j. 4117 (ap) in the case of rohinton noria v. n. c. c. finance ltd. and anr .....
Tag this Judgment!Court : Kolkata
Reported in : [2004]138STC143(Cal)
..... the basis of such finding the tribunal restrained the respondent state authorities from giving effect to the provisions of printed at page 145 supra. sub-section (4) of section 39 of the said act till the disposal of the application before the tribunal and the tribunal fixed the matter for hearing on september 17, 2003.4. the said ..... the state government. learned counsel appearing in support of the writ petition submitted that the tribunal while staying the operation of the law, viz., section 39(4) of the said act has not recorded any finding at least on a prima facie basis that the said law is violative of any provision of the constitution. the learned ..... said order the west bengal taxation tribunal (hereinafter referred to as the tribunal) stayed the operation of the provision of section 39(4) of the west bengal sales tax act, 1994 (hereinafter referred to as the said act). the tribunal's view was that the balance of convenience demanded such an interim order of stay of operation of .....
Tag this Judgment!Court : Kolkata
Reported in : [2004]136STC617(Cal)
..... claims to have permanent s.s.i. registration certificate. the case of the petitioner is that for availing benefit under rule 3(66a) under the bengal finance (sales tax) act, 1941, the petitioner made an application for grant of eligibility certificate in the year 1994. it is not in dispute that on the basis of the said ..... tempo ltd. v. commissioner of income-tax reported in : [1992]196itr188(sc) also involves the question of interpretation of statute, viz., section 15c of the indian income-tax act, 1922. the said section read as a whole is intended for encouraging industrialisation by permitting an assessee to set up a new industrial undertaking to claim relief from ..... to those undertaking which were new in form and substance, by providing that the undertaking should not be formed in any manner provided in clause (i) of section 15c(2). by the said restriction the legislature wanted to control any abuse of the beneficiary provision. but the court held that the intention of the legislature was .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2003)87ITD653Cal
..... the assessee had accepted levy of tax @ 5 per cent. however, when the cit initiated action under section 33b of the it act, 1922, corresponding to section 263 of the it act, 1961, the assessee challenged such action on the ground that the sum receivable by it was not per ..... review the project documentation with respect to technical feasibility and economic viability on behalf of the asian development bank, commonwealth development corporation, international finance corporation, ecgd and icici (india) the "senior lenders"). this engineering review will encompass the proposed design, procurement, construction, start-up and ..... mep) will review the project documentation with respect to technical feasibility and economic viability on behalf of the asian development bank, commonwealth development corporation, international finance corporation ecgd and icici (india) (the "senior lenders"). this engineering review will encompass the proposed design, procurement, construction, startup and testing, .....
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