Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2003)87ITD88(Kol.)
..... for assessment of capital gains in respect of transfer made for a consideration less than the fair market value. the said section was deleted by the finance act, 1987, w.e.f. 1st april, 1988. their lordships of supreme court in the case of k.p. varghese v.ito (1981) ito 131 itr 597 (sc) had the occasion ..... to consider the applicability of section 52. in that case, their lordships held that "it would indeed be most harsh and inequitable to tax the assessee on ..... department is allowed for statistical purposes.as there is a difference of opinion between the members, we refer the following question to the hon'ble president, tribunal, under section 255(4) of the it act, 1961: "whether, on the facts and in the circumstances of the case, the addition of rs. 4 crores pertaining to the sale consideration of the copyrights of .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(1)CHN334
..... case diary although there were sufficient materials therein and even though she was not within her jurisdiction in view of the bar of clause (i) of sub-section (1) of section 437 of the said code, cast upon her, she enlarged the accused/opposite party on bail. it is a case of wrong exercise of jurisdiction garnished by ..... petitioner and the learned public prosecutor for the state there is a question of jurisdiction and for a profitable discussion we refer to clause (i) of sub-section (1) of section 437 of the said code which reads as follows :'437. when bail may be taken in case of non-bailable offence-(1)when any person accused of, ..... learned additional chief judicial magistrate and since apart from there being patent illegality a jurisdictional error committed by the learned court below definitely empowers this court to interfere and act accordingly.32. the profile of crime has been changed; so has been the modus operandi. in the event we concur with the absolutely illegal order passed by .....
Tag this Judgment!Court : Kolkata
Reported in : 2003(89)ECC847,2003(156)ELT35(Cal)
..... and 6/2000 mentioned above and as such, those units are also not required to pay any countervailing duty under sub-section (1) of section 3 of customs tariff act, 1975 as section 3(1) of the customs tariff act, 1975 has no application to those units. mr. sen contends that such a unit will be able to sell its ..... /01, dated 10th october, 2001.9. it appears from the aforesaid notification dated 10th october, 2001 that in exercise of powers conferred by sub-section (1) of section 5a of the central excise act, 1944, the central government, being satisfied that it was necessary in the public interest so to do, made further amendment in the notification of ..... the government of india in the ministry of finance (department of revenue) no. 3/2001-central excise, dated 1st march, 2001 by inserting an explanation at .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)3CALLT207(HC),I(2005)DMC457
..... of which it becomes impossible for the party who has suffered to live with the other party.'9. it is well settled that the cruelty contemplated by section 13(1)(ia) of the act covers both physical and mental and in the case of mental cruelty, as seen from above it is the conduct of the party which inflicts upon the ..... apex court in para 8 made the following observations:'before we deal with the submission it is necessary to find out what is mental cruelty as envisaged under section 13(1)(ia) of the act. mental cruelty broadly means, when either party causes mental pain, agony or suffering of such a magnitude that it severs the bond between the wife and ..... it is required to be considered whether the appellant/petitioner is entitled to get a decree of divorce on the ground of desertion as contemplated under section 13(1)(ib) of the hindu marriage act, 1955? under the aforesaid provision a decree of divorce can be granted to the aggrieved party if it is established that the other party has .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)3CALLT342(HC)
..... relying on the first decision mr. basu submitted that this hon'ble court could not have referred all disputes mentioned in the said application under section 11 of the said act of 1996 to arbitration and that too to an arbitrator appointed by this court without affording adequate opportunity to the respondents to appoint arbitrator in ..... cases cited by the parties-(1) air 2002, supreme court weekly, page 426 (kankon railways); (2) 2000, vol. 8, supreme court cases (dater switch gear ltd. v. tata finance limited); (3) : [2002]1scr1136 (narayan prasad lohia v. nikunj kr. lohia); (4) : [2002]2scr156 (general manager, northern railway v. sarvesh chopra); (1) kankon railways ..... claim would be entertained in one of the following situations:--(i) if the contractor repudiates the contract exercising his right to do so under section 55 of the contract act. (ii) the employer gives an extension of time either by entering into supplemental agreement or by making it clear that escalation of rates or .....
Tag this Judgment!Court : Kolkata
Reported in : [2003]114CompCas631(Cal),[2004]50SCL283(Cal)
..... part. the registrar of companies, west bengal, is directed not to take any punitive step against the applicant for non-compliance with the provision of section 166 of the companies act for not holding the annual general meeting within the stipulated date and also for non-filing of the statutory documents with the registrar of companies within ..... be held despite bona fide attempts on the part of the directors of the company including the applicant. hence, the applicant should be relieved of such responsibility under section 633 of the companies act, 1956. 6. in support of his contention, mr. basak relied on the following decisions : (i) east india hotels ltd., in re [1980] 50 comp cas ..... requirement or balance-sheet and/or profit and loss account. his lordship was further pleased to observe that the default could be excused under section 167 of the companies act and the central government had power to permit calling of such a meeting on an extended date. his lordship further held that under .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)3CALLT93(HC)
..... part. the registrar of companies, west bengal is directed not to take any punitive step against the applicant for non compliance of the provision of section 166 of the companies act for not holding the annual general meeting within the stipulated date and also for non filing of the statutory documents with the registrar of companies within ..... be held despite bonafide attempts on the part of the directors of the company including the applicant. hence, the applicant should be relieved of such responsibility under section 633 of the companies act, 1996.6. in support of his contention mr. basak relied on the following decisions: (i) 50 company cases, page-381 (in the matter of: ..... file statutory requirement or balance sheet and/or profit & loss account. his lordship was further pleased to observe that the default could be excused under section 167 of the companies act and the central government had power to permit calling of such a meeting on an extended date. his lordship further held that under .....
Tag this Judgment!Court : Kolkata
Reported in : [2003]130TAXMAN524(Cal)
..... dismissed.4. we have heard the respective counsel for the parties. the scope of jurisdiction under article 226 of the constitution in respect a proceeding under section 269ud of the 1961 act is very restrictive and limited. it is confined to the scope of scrutinizing the perversity and illegality of the process of valuation for the purpose of ..... propriety agreed to be sold. this conclusion is strengthened by instruction no. 1a88 issued by the central board of direct taxes of the government of india, ministry of finance, department of revenue. . ..' this document emphasized that the main object of chapter xx-c was to check proliferation of black money in real estate transactions and to ..... 14 by renovation and additions by paying extra rent to the owner where the tenants are running a hotel.(ii) the tenants under an agreement dated 12-2-1978 increased the rent of property at 14/1 from rs. 1100 per month to rs. 3100 per month and got permission from the owner for construction and development .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)183CTR(Cal)212,[2003]263ITR498(Cal)
..... 4. we have heard the respective counsel for the parties. the scope of jurisdiction under article 226 of the constitution in respect of a proceeding under section 269ud of the 1961 act is very restrictive and limited. it is confined to the scope of scrutinizing the perversity and illegality of the process of valuation for the purpose of ..... significant undervaluation of immovable property agreed to be sold. this conclusion is strengthened by instruction no. 1a88 issued by the cbdt of the government of india, ministry of finance, department of revenue.....' this document emphasised that the main object of chapter. xx-c was to check proliferation of black money in real estate transactions and to enforce ..... . 14 by renovation and additions by paying extra rent to the owner where the tenants are running a hotel.(ii) the tenants under an agreement dt. 12th feb., 1978, increased the rent of property at 14/1 from rs. 1,100 p.m. to rs. 3,100 p.m. and got permission from the owner for construction .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2003)86ITD96(Kol.)
..... of the order for the reason that during the assessment year under consideration (1990-91) the benefit of section 80hhc was not available on minerals and ores which includes mica.13. it was only the finance act, 1991, when section 80hhc(2)(b) was amended and the said items were benefited (specified in schedule 12) only w.e ..... gravity separation, bleaching, floatation or filtration.13. it may be useful to refer to the relevant notes on clauses of the finance (no. 2) act, 1991, as under : "clause 28 seeks to amend section 80hhc of the it act, relating to deduction in respect of profits retained for export business. sub-clause (a) seeks to extend the benefit of ..... yr. 1991-92 and subsequent years." 15. it is observed from the notes on clauses of finance (no. 2) act, 1991, that by the amendment of section 80hhc(2)(b) the legislature sought to extend the benefit of deduction under section 80hhc in respect of profits derived from export of processed minerals and ores specified in xiith schedule. .....
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