Court : Kolkata
Reported in : [1967]20STC528(Cal)
..... assessee-dealer moved this court under section 21(3) of the act and obtained an order calling upon the board to make a statement of case on the following questions of law :(i) whether the defects in the declaration in form xxiv furnished are vital to justify the disallowance of the deduction claimed under section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941, in respect of sales ..... dealer give, a declaration mentioned in the said clause except in a form obtainable on application by the purchasing dealer from the appropriate commercial tax officer and not declared obsolete and invalid by the commissioner under the provisions of sub-rule (9):provided that no single form shall cover more than one transaction of sale, except in cases where the total amount covered by one form is equal to or less than rs. ..... mukherjee, can at once be disposed of by pointing out that, while, in the forms, which were actually used in these transactions, there is an entry for date printed, yet we find that the form actually prescribed in the bengal sales tax rules, 1941, and printed in the government publication, corrected up to 1st spetember, 1956, at page 50, does not contain any entry for ..... , non-dating of the issue of the form, coupled with the omission to cast the total of the sales evidenced by this form, and the fact that the last of the transactions evidenced by it bears a date within a month of the purchasing dealer's surrender of the registration certificate, should lead to its rejection. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2005)92ITD468(Kol.)
..... in view of the amended provisions of section 32(2) amended by the finance act, 1996 by observing and saying that the unabsorbed depreciation pertaining to the assessment years 1995-96 and 1996-97 cannot be set off against income under any head other than the business income, in as much as, the amended provisions of section 32(2)(iii)(a) are very clear and the position existed in the assessment year 1997-98 cannot ..... allowance owing to there being no profits or gains chargeable for that previous year, or owing to the profits or gains chargeable being less than the allowance, then subject to the provisions of sub-section (2) of section 72 and sub-section(3) of section 73, the allowance or the part of the allowance to which effect has not been given, as the case may be, shall be added to the amount of the allowance for depreciation for the ..... assessee upto and inclusive assessment year 1996-97 which remained unabsorbed and is brought forward to the assessment year 1997-98 and subsequent assessment years upto assessment year 2004-05 can be set-off as per pre-amended section 32(2) and, consequently, it can, be set-off against taxable business profits or income under any other head for assessment year 1997-98 and seven subsequent assessment ..... to amend section 32 of the income tax act, 1961, ..... it on record that we have noticed a decision where a similar view has been taken by the income tax appellate tribunal, delhi bench 'a' in the case of income tax officer -v. ..... income tax appellate tribunal, ..... tax .....
Tag this Judgment!Court : Kolkata
Reported in : (1985)48CTR(Cal)146,[1985]153ITR488(Cal)
..... section 113 of the income-tax act, 1961, corresponded to section 17(1) of the indian income-tax act, 1922, but that section has now been omitted with effect from april 1, 1965, as a result of the finance act, 1965. ..... : [1977]107itr168(mad) , the question before the madras high court was whether under the provisions of section 2(5)(a) of the finance act, 1966, the cash subsidy and the income derived from the sale of import entitlements would form part of the profits and gains derived from the export of any goods or merchandise. ..... the other view may be that there being no export and profits in respect of import entitlements, the assessee was not entitled to deduction of tax as contemplated under section 2(5)(a)(i) of the finance act, 1965. ..... cit : [1982]137itr616(guj) , construed the provisions of section 2(5)(a) of the finance act, 1964, regarding the profits derived from exports and held that cash subsidy or allowance given on export of goods is directly connected with the export of goods and rebate under section 2(5) can be claimed in respect of it. ..... as a matter of fact, most of the high courts in construing similar provisions of different finance acts, have taken the view that the sale proceeds would include not only the actual consideration but also what are received in connection with the export sale ..... act, 1961, on the ground that there was a mistake apparent from the record inasmuch as the firm had not been charged at the maximum rate of tax under section 17(1) of the indian i.t. .....
Tag this Judgment!Court : Kolkata
Reported in : [1980]46STC35(Cal)
..... , all dated 24th november, 1971, individually to the said narayandas phumra, as also daulal phumra and ramanlal phumra, two other partners of the petitioner, under section 14(1) of the bengal finance (sales tax) act, 1941, stating, inter alia, as follows :you are hereby directed under section 14(1) read with section 21a of the bengal finance (sales tax) act, 1941, to produce all the relevant records of your personal business since 1st january, 1964, to the date of production on 27th december, 1971 ..... as against that, for the purpose of levy of sales tax it would be necessary not only to show that the source of money has not been explained but also to show the existence of some material to indicate that the acquisition of money by the assessee has resulted from transactions liable to sales tax and not from other sources.18. ..... the amounts were invested and reinvested in various firms in business and/or transactions and invested in the name of third parties in the petitioner's firm as also in other firms. ..... 10,000 was no doubt in the name of the wife of one of the partners but in order to impose liability upon the dealer for payment of sales tax by treating the amount as profits arising out of undisclosed sales it had to be established that the amount was the income of the dealer and not the person in whose name it was entered and that the said amount represented profits from income realised as a result of transactions liable to sales tax. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal338,[1966]18STC379(Cal)
..... the meaning of the bengal finance (sales tax) act, 1941) registered dealers of coke are exempted from taxes under section 5(2)(a)(ii) of the bengal finance (sales tax) act; (d) whether on the facts and in the circumstances of the case the hon'ble member, board of revenue was legally justified in not allowing the stand ..... can be said to have taken place in the course of export of the goods out of the territory of india within the meaning of section 27 of the bengal finance (sales tax) act, 1941 and article 286(1)(b) of the constitution of india and as such exempt from taxes under the bengal finance (sales tax) act, 1941; (c) whether on the facts and in the circumstances of the case the sales in question to the shipping agents who are (within ..... to the government of india and that the export of the goods by the government of india through the shipping agents to foreign buyers unknown to the assessee is a separate transaction, the contention of the revenue is, in short, based on the assumption of two sales, of which the earlier one took place within the territory of india. ..... in section 2(g) of the act before us says : ' 'sale' means any transfer of property in goods for cash or deferred 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 .....
Tag this Judgment!Court : Kolkata
Reported in : (1989)77CTR(Cal)112,[1989]176ITR473(Cal)
..... bengal iii, calcutta, the following question of law has been referred to this court for the assessment year 1972-73 under section 256(1) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case and on a correct interpretation of section 40(c) and section 40a(5) of the income-tax act, 1961, the tribunal was correct in holding that an expenditure incurred by the assessee-company in respect of its employee-directors did not fall for consideration under the ..... by the said finance act, section 40(a)(v) was inserted with effect from 1st april, 1969 ..... by the finance act of 1968, sub-clause (iii) of section 40(c) and explanation 2 thereof stood omitted with effect from april 1, 1969, and explanation 1 remains attached to clause (c) ..... by the finance act of 1965, the second proviso was inserted in section 40(c)(iii) which runs as follows :'provided further that nothing in this sub-clause shall apply to any expenditure which results directly or indirectly in the provision of any benefit or amenity or perquisite to an employee whose income chargeable under ..... section 40(c)(iii), as substituted by the finance act of 1964, is as follows :'(iii) any expenditure incurred after the 29th day of february,1964, which results directly or indirectly in the provision of any benefit or amenity or perquisite, whether convertible into money or not, to an employee (including any ..... section 40(c)(iii) was introduced by section 6 of the finance act,1963, with effect from april 1, 1963 .....
Tag this Judgment!Court : Kolkata
Reported in : [1971]27STC373(Cal)
..... unless, therefore, the turnover relates to trade, commerce, manufacture, adventure or concern there can be no question for its attracting a tax under the bengal finance (sales tax) act simply on the ground that it is without profit and that such absence of profit-motive is not a sufficient ground for exemption ..... the board appears to have held that although profit-motive might have been absent in the particular sale transactions, they nevertheless constitute sales within the meaning of the bengal finance (sales tax) act, 1941, and that having been made by a dealer, they are to be subjected to sales tax. ..... again, by the west bengal taxation laws (amendment) act, 1969, section 2(la) was incorporated into ^he bengal finance (sales tax) act with retrospective effect. ..... these circumstances, according to counsel for the respondent, the transactions in question became taxable under the bengal finance (sales tax) act. 17. ..... as we have pointed out already, a person cannot be a 'dealer' within the meaning of the bengal finance (sales tax) act unless, inter alia, he carries on the business of selling the goods in question in the state of west ..... the same points were taken also in the grounds of application for revision under section 23 [vide grounds 2(a) and 2(c) at page 32 of the paper-book] but the additional member, board of revenue, it appears, has not dealt with these issues at all ..... 4 is :that the charges of rs. ..... is:that the charges of rs. ..... 7 is :that the charges of rs. ..... 2 is :that the charges of rs. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2005)92ITD148(Kol.)
..... uoi 218 itr 50, in which the constitutional validity of the amendment made to section 253(6) by the finance act, 1992 was upheld, shows that the filing fee to be paid in respect of a penalty appeal is linked ..... it may be that, as contended by one of the learned representatives appearing before us for the assessee, the penalty is levied only with reference to the tax sought to be evaded on the concealed income, but the concealed income, as rightly pointed out in the dissenting opinion in the case of vinod khatri, does form part of the assessed income as computed by the ..... salarpuria further drew our attention to the expression "tax sought to be evaded" appearing in explanation 4 below section 271(1)(c) and pointed out that a concealment penalty is imposed only with reference to the tax sought to be evaded and has no connection with the ..... to us in the following manner: the tribunal fee on an appeal against the order of penalty levied under section 271(1)(c) of the i.t.act is governed by clauses (a) to (c) of section 253(6) of the income-tax act. ..... guilt of the assessee and it is only that part of the income ultimately assessed, which the assessee concealed from the income-tax department, that would form the basis of the levy of penalty. ..... the legal position is also that it is open to the income-tax authorities and the appellate authorities to make a reappraisal of the entire materials while judging the correctness or justification of the penalty imposed on an assessee for concealment of .....
Tag this Judgment!Court : Kolkata
Reported in : [1977]39STC184(Cal)
..... , 1970, there was another trade circular, which is annexure b to the petition, wherein it was, inter alia, stated as follows:having taken into consideration the difficulties of the traders dealing in goods included in schedule i of the bengal finance (sales tax) act, 1941, government have been pleased to decide that, until further orders, no tax will be levied on sales of the containers and packing materials supplied as such for sale of the goods specified in schedule i appended to the bengal ..... in the premises, as mentioned hereinbefore, notice under section 14(1) of the bengal finance (sales tax) act, 1941, dated 15th january, 1971, was issued, which is the subject-matter of challenge.6. ..... but to avoid complications and hardship to the dealers it has been decided administratively not to give effect to the said decision in respect of transactions made before 1st july, 1969.4. ..... since the supreme court has clarified the position now, it has been decided that in such cases tax should be charged on the value of containers even if such value is not separately charged for. ..... the high court held that the value of the containers was not assessable to sales tax unless separate price had been charged for the containers. ..... the petitioner states that no separate price is charged for the said bags which are used for packing of the salt. ..... if the gunny bags were sold and prices were charged for the gunny bags as such, then the petitioner was liable to pay sales tax. .....
Tag this Judgment!Court : Kolkata
Reported in : [1971]80ITR408(Cal)
..... the close connection between the income-tax act and finance act is further evident from the provisions of section 294 of the income-tax act of 1961 corresponding to section 67b of the act of 1922. ..... the charging section, namely, section 4 of the act of 1961, corresponding to section 3 of the 1922 also, inter alia, provides :'where any central act enacts that income-tax shall be charged for any assessment year at any rate or rates, income-tax at that rate or those rates shall be charged for that year in accordance with, and subject to the provisions of, this act in respect of the total income of the previous year or previous years, as the case may be, of every person....'17. ..... section 294 runs thus :'if on the 1st day of april in any assessment year provision has not yet been made by a central act for the charging of income-tax for that assessment year, this act shall nevertheless have effect until such provision is so made as if the provision in force in the preceding assessment year or the provision proposed in the bill then before parliament, whichever is, more favourable to the assessee, were actually in ..... and whether or not the excess dividends came out of the total income of the previous year, the quantum of the dividends regulate the rebate and not the super-tax itself, either the charge or the rate. .....
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