Court : Kolkata
Reported in : [1970]25STC413(Cal)
..... view of the matter i am of the opinion reading section 9(3) of the central act with section 11 of the bengal finance (sales tax) act, the sales tax authorities can impose penalty on a registered dealer who did not file return under the central sales tax act and/or did not pay any assessment due under the said act and there is nothing wrong in regard to the said assessment or penalty.5. mr. ..... on 16th november, 1964, the commercial tax officer issued a notice under section 11 (4b) of the bengal finance (sales tax) act read with section 9 of the central sales tax act whereby it was stated that the petitioner has defaulted for making payment of tax for the year ending chait sudhi 8, 2019, within the date fixed for payment and it was proposed by ..... mukherjee contended that section 9 of the act brings in the provision of the bengal finance (sales tax) act for the levy or exercise of powers provided in the said act and as such the central government is legislating on ..... it cannot be denied that under section 11 of the bengal finance (sales tax) act, the sales tax authorities in west bengal are empowered to impose penalty for the purpose of non-submission of return or late submission of return and also for default in payment ..... , 1964, the commercial tax officer issued a notice in form 3 calling for books of accounts and to show cause why a penalty under section 11(1) of the bengal finance (sales tax) act read with section 9 of the central sales tax act should not be imposed on the petitioner. .....
Tag this Judgment!Court : Kolkata
Reported in : [1985]58STC370(Cal)
..... commercial tax officer [1975] 36 stc 101 and where the learned judge has observed that under the bengal finance (sales tax) act, 1941 a firm is not a dealer and only the individual partners of the firm are registered dealers. ..... . certificate officer, alipore (1960) 64 cwn 484, the transfer, as contemplated in section 17 of the bengal finance (sales tax) act, 1941 relates to the transfer of business of a registered dealer, and therefore, irrespective of the fact as to how many times the transfer is effected, the transferee remains liable under section 17, as transferee from the original registered dealer.43 ..... sales tax officer [1974] 33 stc 522 wherein it has been observed that section 17 of the bengal finance (sales tax) act, 1941 as extended to delhi is not limited in its operation to transfers inter vivos only. ..... , has also laid down that the purpose of the bengal finance (sales tax) act of 1941 was 'to impose a general tax on the sale of goods in bengal' as 'it was necessary to make an addition to the revenues of bengal'. ..... kankan wari baid as partners, carried on the business of selling various articles and luxury goods, apart from dealing with hire-purchase agreement of those articles and were registered dealers both under the bengal finance (sales tax) act, 1941 (hereinafter referred to as the said bengal act) and also the central sales tax act, 1956 (hereinafter referred to as the said central act). .....
Tag this Judgment!Court : Kolkata
Reported in : [1986]61STC131(Cal)
..... act, 1922 (bengal act 5 of 1922), the bengal finance (sales tax) act, 1941 (bengal act 6 of 1941), the west bengal sales tax act, 1954 (west bengal act 4 of 1954), the west bengal primary education act, 1973 (west bengal act 43 of 1973), the west bengal motor spirit sales tax act, 1974 (west bengal act 11 of 1974), the west bengal rural employment and production act, 1976 (west bengal act ..... 16 of 1976), and the west bengal state tax on professions, trades, callings and employments act ..... payment or other valuable consideration including a transfer of property in goods involved in the execution of a contract, but does not include a mortgage, hypothecation, charge or pledge under the said act, so all goods would be liable to sales tax but not the lottery tickets as they are neither goods nor a movable property, but means and includes or authorises the holder of the ..... be levied on lottery tickets and if they are goods within the meaning of section 2(d) of the bengal finance (sales tax) act, 1941 (hereinafter be referred to as the said act), which has denned 'goods' to include all kinds of movable property other than actionable claims, stocks, .....
Tag this Judgment!Court : Kolkata
Reported in : [1976]37STC576(Cal)
..... section 25, at the relevant period, as follows :if the state government is at any time of opinion that it would be in the public interest that any commodity which is liable to taxation under the bengal finance (sales tax) act, 1941, should be taxed under this act, it may by notification in the official gazette specify such commodity; and on and from the date of such notification, the bengal finance (sales tax) act, 1941, shall cease to apply to such commodity and this ..... the appellants contended, inter alia, that the assessment at the rate of 3 per cent in excess of 2 per cent was in violation of section 15 of the central sales tax act, 1956, and sugar being one of the declared goods was not liable to tax at least from 14th december, 1957 ; the applications for review, it was contended, were rejected without giving any ..... -candy and palm sugar-candy, were exempted from tax under the bengal finance (sales tax) act, 1941, hereinafter also referred to as the 1941 act, as it was treated 'as nothing but sugar'. ..... 13(a) of the bengal finance (sales tax) (second amendment) act, 1955 (west bengal act 22 of 1955), 'sugar' was omitted from schedule i of the 1941 act and thereby 'sugar' became subject to taxation under the said 1941 act.9. ..... act of 1957 was intended to provide for levy and collection of additional duties of excise on certain goods and for the distribution of a part of the net proceeds thereof among the states, according to the principle of distribution recommended by the finance .....
Tag this Judgment!Court : Kolkata
Reported in : [1991]189ITR613(Cal)
..... the commissioner of wealth-tax (appeals) as well as before the tribunal that the wealth-tax officer was not justified in making an estimate of the valuation of the immovable property and in valuing the unquoted shares of jaipur finance and diary products pvt. ..... similarly, he did not accept the valuation of the shares of jaipur finance and diary products pvt. ..... shortly stated, the facts are that the assessee, inter alia, held 19,997 shares of jaipur finance and diary products pvt. ..... on second appeal, the income-tax appellate tribunal remanded the matter to the assistant commissioner of wealth-tax with a direction that he may refer the question of valuation of shares of jaipur finance and diary products p. ..... under section 16a of the act, the wealth-tax officer may refer the valuation of any capital asset to a valuation officer in a case where the assessee has got the asset valued by a registered valuer and the value returned is in accordance with ..... kibe : [1987]168itr82(mp) .8. ..... kibe : [1987]168itr82(mp) , the assessee preferred appeals before the appellate assistant commissioner against the orders of assessment passed by the wealth-tax officer. ..... cwt : [1987]168itr82(mp) , that the appellate authorities cannot direct the assessing officer who is also a quasi-judicial officer to exercise his discretion in a particular manner. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2000Cal241
..... 2nd bench, city civil court, calcutta whereby any whereunder while disposing of an application filed by the respondent herein under section 9 of the arbitration and conciliation act, 1996 (hereinafter referred to as 'the application), it was directed :--'in view of the above circumstances, the ptr. ..... : [1999]1scr89 , the law has been stated by the apex court in the following terms :'when a party applies under section 9 of the 1996 act, it is implicit that it accepts that there is a final and binding arbitration agreement in existence. ..... it is true that an application under section 9 of the arbitration and conciliation act, 1996 cannot be invoked where there does not exist any manifest, intention, on the part of the applicant to take recourse to ..... contends that in any event, it was not a case where the learned trialjudge should have exercised its jurisdiction under section 9 of the act inasmuch there did not exist any arbitrable issue. ..... sundaram finance ltd ..... connection has been placed on sundaram finance ltd. v. ..... the power under section 9 of the act is exercised, inter alia, to keep the property ..... however, is that the court is not debarred from dealing with an application under section 9 merely because no notice has been issued under section 21 of the 1996 act.'15. ..... be manifest intention on the part of the applicant to take recourse to the arbitral proceedings if, at the time when the application under section 9 is filed the proceedings have not commenced under section 21 of the 1996 act. .....
Tag this Judgment!Court : Kolkata
Reported in : [1969]71ITR651(Cal)
..... all these and many similar ones are dealt with without hearing the other side at all upon material which is produced by the applicant.when one examines the procedure laid down in section 28 of the finance act, 1960, it is in my view quite apparent that the kind of determination with which we are concerned at this stage is the latter kind of determination, that is to say a preliminary one made on the application ex parte of the ..... , the inland revenue commissioners issued a notification to each of the plaintiffs, cyril robert wiseman and millicent edith wiseman, in accordance with section 28(4) of the finance act, 1960, that they had reason to believe that the section applied in respect of certain transaction. ..... take into consideration, and no other material.the question to which they have to address their minds is : do these documents disclose a case which merits further inquiry as to whether the circumstances described in subsection (1) of the act exist in the case of that taxpayer there is in my view no room in this procedure, and in the face of the express words of the statute, for the application of the well known doctrine to which mr. ..... section 28 of the finance act, 1960, deals ..... about surtax directions in the finance act, 1927. ..... 1848 the grand jury had acted side by side with the ..... given an opportunity of commenting on any case made against one.parliament has set up what it describes as 'a tribunal' for the purpose of section 28 of the act of 1960 : see subsections (5) and (7). .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)61TTJ(Cal)206
..... 43(1) which had been inserted by the finance act, 1986, with retrospective effect from 1st ..... 8 by the finance act, 1986, with retrospective effect from 1st ..... business, the only interest which may be capitalised is interest paid for financing a completely new unit or a substantial expansion undertaken by the company. ..... reliance on the memorandum explaining provisions in the finance bill, 1986, pertaining to introduction of expln ..... means actual interest paid or payable in respect of borrowings which are used to finance capital expenditure .... ..... and various other provisions of the act relating to the cost of capital ..... and various other provisions of the act relating to the cost of capital ..... 13 of the indian it act from the legislation in england is that whereas under the english legislation the commissioner is not obliged to determine the profits of a business venture, according to the method of accounting adopted by the assessee, under the indian it act, prima facie, the ito has for the ..... 23rd february, 1987, to the provisions of expln. 8 to ..... it is not the requirement of the it act that the expenditure should be treated as capital expenditure and, therefore, the assessee was at liberty to claim deduction of this amount as revenue expenditure in the return of income or in the course of ..... 738 of 1987 is not of much assistance to the assessee in the ..... 738 of 1987 in their ..... 738 of 1987 in the case of the assessee in relation to the ..... cit : [1987]165itr678(cal) and kesoram industries & cotton mills .....
Tag this Judgment!Court : Kolkata
Reported in : [1978]42STC458(Cal)
..... 601 observed as follows:on a scrutiny of the said provision it is evident that upon information received the commissioner has to determine first that the dealer is liable to pay tax under this act in respect of a certain period and he has failed to get himself registered or to obtain a special certificate and then the commissioner shall proceed to assess the dealer in respect of such period and all subsequent ..... here the respondent was a registered dealer under the bengal finance (sales tax) act, 1941 and its return period had been fixed by the assessing authority as each quarter of the 'akshoytritia year', according to the ..... division bench of this court considered inter alia the provisions of sections 4 and 11 of the bengal finance (sales tax) act, 1941 and approving the decision in surajmal jain's case [1973] 32 s.t.c. ..... that he is neither liable to pay sales tax under the bengal finance (sales tax) act, 1941, as his turnover never exceeded nor exceeds rs. ..... i hold that assessment under the bengal finance (sales tax) act, 1941, is an annual assessment and can be made only for ..... , the petitioner, carried on business of buying and selling goods under the name and style of padmah engineering corporation, which was a registered dealer both under the bengal finance (sales tax) act, 1941 (hereinafter called the bengal act) and under the central sales tax act, 1956 (hereinafter called the central act). ..... the bengal finance (sales tax) act, 1941, is a fiscal statute and it fixes a liability .....
Tag this Judgment!Court : Kolkata
Reported in : [1992]196ITR530(Cal)
..... 663, i understand that sense to be that on analysing objectively what the taxpayer did at the time of the acquisition and in subsequent dealing with the land, his acts are consistent with the land having been acquired as a capital asset, which was subsequently sold to best advantage, and also consistent with the site having been acquired as a trading asset which ..... tankers case : [1991]191itr419(cal) the taxpayer company, having become a partner in two limited partnerships set up to finance the production and exploitation of two films, claimed that it was 'a person carrying on a trade' which had incurred capital expenditure on the provision of plant for the purposes of the trade, so as to entitle it to first-year allowance under section 41(1) of the finance act, 1971. ..... state of affairs the taxpayer, in order to succeed on an appeal to the court, must show that the facts which they found are such that no person acting judicially and properly instructed as to the true and only reasonable conclusion from the facts found contradicts the decision : see edwards v. ..... 663 the taxpayer, in order to finance the acquisition of two lots on a building site in colombo for a house of her own, had to but the whole of the site and sell off nine of the other ten lots to sub-purchasers, each of whom ..... the crown raised an alternative claim for income-tax under case vi of schedule d pursuant to section 488 of the income and corporation taxes act 1970, which relates to artificial transactions in land. .....
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