Court : Kolkata
Reported in : [1983]142ITR156(Cal)
..... capital side. in that view of the matter we are of the opinion that the tribunal came to the correct conclusion on this aspect of the matter. question no. 2 must, therefore, be answered in the affirmative, but we make it clear that this is irrespective of whether the amalgamation took place or not. this question is ..... .) ltd. v. cit : [1971]81itr400(all) . the tribunal had relied on a certain decision of the delhi high court in the case of cit v. motor & general finance ltd, : [1974]94itr582(delhi) . but that decision, in our opinion, would not be of much relevance to the present controversy.9. reliance was placed by the tribunal on certain ..... of the assessee, accepting the assessee's contention that the relationship between solicitors and clients was the relationship between a trustee and a beneficiary and since the limitation act did not apply in the matter of recovery of amount deposited by clients, the liability of the assessee continued in spite of the fact that certain unclaimed .....
Tag this Judgment!Court : Kolkata
Reported in : [1990]77STC339(Cal)
..... the expression used both in the said section and in the said notification is that no tax shall be payable. he has drawn attention of the court to clause (d) of sub-section (2) of section 4aaa of the said act which, inter alia, provides that the turnover tax shall be levied on that part of the gross turnover of a ..... in the business of manufacturing such plant and machinery, or(b) hired, leased or rented from, or lent by a manufactured dealer registered under the said act or the bengal finance (sales tax) act, 1941 (bengal act vi of 1941) ;(vi) which does not use the trade mark or the brand name of any product of an existing industrial unit ;(vii) which ..... has not availed of any benefit under notification no. 1809-f.t. dated the 1st april, 1976 ;20. the certificate of eligibility referred to on the second proviso .....
Tag this Judgment!Court : Kolkata
Reported in : [2010]320ITR568(Cal)
..... commissioner of income-tax, durgapur, respondent no. 1, under section 264 of the income-tax act, 1961 (for short 'the act') and the assessment order dated december 11, 2007 passed under sections 143(3)/147 of the act by the assistant commissioner of income-tax, circle-2, durgapur, respondent no. 2 and the notice of demand issued pursuant thereto ..... the annual return of deduction of income-tax in form no. 26c. pursuant thereto respondent no. 2 submitted a verification report dated january 16, 2009 which finds mention in the order passed under section 264 of the act. while passing the order under section 264, respondent no. 1 had held that revised annual return was bogus and ..... and the notice dated march 16, 2009, under section 226(3) of the act for recovery of income-tax demanded relating to the assessment year .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1954Cal468,[1952]22ITR131(Cal)
..... decision finally disposing of the appeal is nonetheless so because it is at the preliminary stage and such decision can be given only under section 31 of the indian act.2. it is said a simple rejection of the appeal is not an order confirming the assessment. the rejection of the appeal however finally disposes it of and in ..... to be perverse or wrongs-headed or ignorant enough to think a petition of appeal, obviously in time, to be time-barred, the assessee would have no remedy whatsoever. under the income-tax acts, we are not troubled or embarrassed by the definition of a 'decree'. as the language of section 35 does not altogether exclude the view which ..... the indian income-tax act, corresponding to section 34(2) of the bengal act, and that therefore it cannot be an order under section 31 or 35, or, again, that till an appeal is admitted, there is no appeal at all &, therefore, rejection of a petition of appeal on the ground of limitation cannot possibly be a matter within section 35. .....
Tag this Judgment!Court : Kolkata
Reported in : (2005)194CTR(Cal)59,[2005]272ITR58(Cal)
..... is an appeal under section 260a of the income-tax act, 1961. the same was admitted by this court and the following questions of law arising out of an order dated may 2, 2000, passed by the income-tax appellate tribunal, 'c' bench, calcutta, in income-tax appeal being i. t. a. no. 425/cal of 1995 for the assessment year 1988 ..... fact or of law'. in that case the assessee-company had declared a dividend and become liable to pay additional income- tax with respect to excess dividends under the finance act, 1952, but this fact was overlooked by the income-tax officer in the original assessment. this was rectified by resort to section 35 of the income-tax ..... order of rectification he levied additional income-tax and also charged interest on income which the company had failed to pay in advance under the then section 18a of the act. the supreme court held that the order was not without jurisdiction and that the income-tax officer was required to calculate the interest in the manner provided under the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal19,[1968]67ITR56(Cal)
..... harrod's case in (1964) 41 tax cas 450.25. mr. pal does not stop there. he draws our attention to the preamble of the bengal finance (sales tax) act 1941 which expressh mentions that such act is intended to provide 'an addition to the revenue of bengal' if it is an 'addition' to the revenue of the state whether it is of ..... of accountancy only that expenditure was permissible deduction which was in the nature of accrued liability but in this case the liability to sales-tax under the west bengal sales act was an unascertained liability which the tribunal described as 'amorphous liability depending on the application of the provisions of the sales-tax in the facts of the assessee's case ..... be taken for interpretation of section 10(2) and we are of opinion that that is the meaning when the section itself says so, then an unpaid and dis-puted sales tax cannot form the basis of a claim for deduction from the income-tax.31. no doubt section 10(1) of the in come-tax act makes the tax payable on pro .....
Tag this Judgment!Court : Kolkata
Reported in : [1969]73ITR522(Cal)
..... submitted that he had to meet two points, namely ;(i) that the income-tax officer exercised his discretion under section 23(4) properly in refusing registration, and (ii) that no valid firm came into existence for having a hindu undivided family as a partner. 10. so far as the first point is concerned, mr. mitra's submissions were as ..... to refuse registration, notwithstanding the fact that the conditions laid down in rule 4 have been complied with, if he assesses the firm under section 23(4) of the act... we, therefore, proceed on the basis that the partnership deed originally filed, was valid and that the conditions laid down in rule 4 were satisfied. if so, the ..... so and the assessment was completed on the 30th august, 1967, under section 23(4). the assessee applied to the income-tax officer under section 27 of the act for setting aside the best judgment assessment under section 23(4) and for making a fresh assessment. the income-tax officer, in rejecting the application, pointed out that .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal412,[1968]67ITR687(Cal)
..... said that a question was suggested before the tribunal specifically on this point, but it was never pursued by an application under section 66 (2) of the act and as such it cannot be said that this question no. 2 is wide enough to include a question whether the pension paid to a widow of an employee should he a revenue expenditure. the matter ..... apply to the assessment as it was in force on april 1, 1948 and the liability of the company had to be determined as on april 1, 1946, when the finance act came into force. the high court allowed this question to be considered by it and when the matter came up before the supreme court it was held that the high ..... us did not arise out of the order of the tribunal, this cannot be agitated here, nor can it be said that the points as raised is covered by question no. 2. moreover, we have already observed that the point as raised by mr. pal involves a mixed question of fact and law and unless there is a finding by the tribunal .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal597
..... j.1. for the assessment years 1938-39, 1939-40, 1940-41, 1941-42. 1942-43 and 1943-44, the petitioner was assessed to income-tax by the respondent no. 2 income-tax officer, under the income-tax act, 1922, on the basis of returns filed by him. the demands made on the basis of such assessments were all paid by him ..... for the drive were considered at a recent conference of the commissioners of income-tax held in new delhi, under the chairmanship of mr. mahabir tyagi, minister of state for finance. according to a recent assessment, the announcement said, the tax arrears on april 1, this year stood at rs. 152.32 crores and the number of pending assessments ..... 35 of the petition is disputed in paragraph 27 of the affidavit-in-opposition, which i set out below:'i deny that the returns in question filedbefore the respondent no. 2 were so filed without the petitioner's instruction and/or authorityor without the petitioner's knowledge or consentas alleged or at all. ******it is not possible for me, .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)207CTR(Cal)484,[2006]286ITR518(Cal)
..... learned advocates appearing on behalf of the parties i do not have any hesitation to hold that as has been held by the high courts that there is no enabling provision in the act to direct payment of interest on the tax deducted at source. as has been submitted by the learned advocate appearing on behalf of the respondent authority i ..... payable and requiring him to pay such amount; and such notice of demand shall be deemed to be a notice under section 156 and the provisions of this act shall apply accordingly.(2) on any portion of such amount which is refunded under this chapter, interest shall be payable only up to the date on which the refund was made.(3 ..... court can only direct the assessing officer to act in accordance with law and/or to follow the provisions of law and without any specific provisions of law. the court has no power, in my opinion, to direct payment of interest in contravention of the provisions of law.2. on a perusal of the paragraph quoted (supra) it appears that the .....
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