Court : Kolkata
Reported in : [1959]10STC311(Cal)
..... are shortly as follows :-1. on or about 13th september, 1948, the petitioner was registered as a dealer within the meaning of the bengal finance (sales tax) act, 1941, hereinafter referred to as the 'act'. since then, sometime in march, 1955, the authorities refused to issue further declaration forms to the petitioner and the petitioner took out a rule ..... court being c.a. no. 2961 of 1955. on the 17th july, 1956, the petitioner intimated to the court that he was not going on with the application and the rule was discharged. between the 2nd and 14th august, 1956, the petitioner was called upon to deposit as security a sum of rs. 2,000 in exercise of ..... cancel the registration.2. it is in exercise of this power that the commercial tax officer cancelled the petitioner's registration on the ground that he was not carrying on any business at the registered address. mr. chatterjee appearing on behalf of the petitioner has taken a point that the commercial tax officer had no jurisdiction to cancel .....
Tag this Judgment!Court : Kolkata
Reported in : [1966]62ITR476(Cal)
..... capital of the assessee as on the 1st of january, 1955, for the purpose of allowing rebate to the assessee under paragraph d of part ii of the first schedule to the indian finance act, 1956.'this court by its judgment delivered on the 17th december, 1963, has supported the view of the appellate tribunal for reasons stated therein and ..... , therefore, clause 4 of the removal of difficulties order cannot be attracted. i intend only to quote the observations of a division bench of this court in income-tax reference no. 57 of 1953 (howrah trading co. ltd. v. commissioner of income-tax). in the judgment delivered on april 28, 1955, chakravartti c.j. (sitting with lahiri j ..... day of the previous year aforesaid.the assessees accounts as on the 31st december, 1954, being equivalent to the balance-sheet as on the 1st january, 1955, disclosed no separate amount standing under the name of share premium account. the receipts on account of share premium said to be for rs. 45,50,000 were transferred to the .....
Tag this Judgment!Court : Kolkata
Reported in : [1957]31ITR611(Cal)
..... operation and makes tax chargeable according to the rate which the finance act declares, and the provisions of the income-tax act, thus brought into operation, are those as they stand at the date of the finance act, so that it is arguable that no subsequent amendments made in the income-tax act in the course of the assessment year would apply to the ..... income derived from his lands in west bengal. the income derived from lands situated in east bengal was not included. notices under section 24 (4) and section 25 (2) were served oh the 18th june, 1951, and on the 4th of august of that year the assessment was made. the agricultural income-tax of the assessee, including ..... . the assessee did not file any return in compliance with that notice, nor did the agricultural income-tax officer issue a special notice to him under section 24 (2) of the act. sub-sequently, on the 28th may, 1948, which was after the petition, the assessee filed a return voluntarily. in that return, he showed an income of rs .....
Tag this Judgment!Court : Kolkata
Reported in : [1963]50ITR117(Cal)
..... incidental to their main business, namely, the manufacture of iron and steel or copper. it was argued there that in such an operation, the cess act would not be applicable, because no profit was gained by the mere operation of mining. this contention was overruled. the learned judge held that although the assessee companies did not operate the ..... cess are excluded by the provisions of sub-section (4) of section 10. it is conceded that the matter does not come under clause (ix) of sub-section (2). it would come under clause (xv) unless it is excluded by the proviso. the proviso seems to be without complication and excludes allowances of any sum paid on account ..... head 'profits and gains of business, profession or vocation' in respect of the profits or gains of any business, profession or vocation carried on by him. sub-section (2) lays down the method of computation of such profits or gains. various allowances are to be made, of which we are concerned in this case with two, namely, section .....
Tag this Judgment!Court : Kolkata
Reported in : (1976)5CTR(Cal)28
..... assessable in the hands of the assessee'8. it is necessary now to read the relevant portion of section 23-a as it stood prior to its amendment by the finance act, 1955.'23-a. power to assess individual members of certain companies :(1) where the income-tax officer is satisfied that in respect of any previous year the profits ..... were amply justified. he, therefore, upheld the addition of the deemed dividend in the assessment of the assessee. it was observed by the judicial member as follows :-'income-tax act, being generally concerned with the beneficial ownership of income, we must, therefore, look to the beneficial ownership and not to the real ownership. even if the shares be ..... of a share in so far as that act is concerned, denotes no other person except a member'.18. in the case of kishanchand lunidasing bajaj vs. comm. of income-tax, bangalore (air 1966 sc 1583), the supreme court had to consider the section 3, 4, 16 (2) and 18 (5) of the 1922 act. it was held that where shares acquired .....
Tag this Judgment!Court : Kolkata
Reported in : [1978]42STC209(Cal)
..... any law, it cannot be treated as such.5. before the amendment of the bengal finance (sales tax) act, 1941, by the bengal finance (sales tax) (west bengal amendment) act, 1950, the definition of the word 'dealer' as contained in section 2(c) was, inter alia, as follows:dealer' means any person, firm or hindu joint ..... on behalf of the said business for a certificate of registration under the bengal finance (sales tax) act, 1941.the proprietor or any partner of, or any other person having an interest in the business has interest in no other business anywhere in india/has interest in the following other businesses in india:-___________________________________________________________name ..... the firm ceases to be a legal entity. thereafter, on principle, unless there is a statutory provision permitting the assessment of a dissolved firm, there is no longer any scope for assessing the firm which ceased to have a legal existence. as in the present case, admittedly, the firm was dissolved before the .....
Tag this Judgment!Court : Kolkata
Reported in : [1979]43STC96(Cal)
..... gunny bags and is a registered dealer under the bengal finance (sales tax) act, 1941, hereinafter referred to as the act. in the writ petition out of which the said rule nisi arose, the appellant challenged the propriety and validity of two notices dated 7th november, 1974, and 7th december, 1974, issued by respondent no. 2, the assistant commissioner of commercial taxes, chowringhee circle, by ..... -rule (5) was amended by the said government notification, the relevant portion of which is set out below :notification no. 1123 f. t. dated 30th march, 1974. in exercise of the power conferred by section 26 of the bengal finance (sales tax) act, 1941 (ben. act vi of 1941), the governor is pleased hereby to make, with effect from the 1st november, 1971, the .....
Tag this Judgment!Court : Kolkata
Reported in : (1988)72CTR(Cal)173,[1988]174ITR361(Cal)
..... other capital assets and income or loss arising out of the two types of capital assets have been treated as if falling under different heads.under section 70(2)(i) of the act, on a computation made under sections 48 to 55 in respect of any short-term capital asset resulting in loss, the assessee becomes entitled to set off ..... the resultant loss was set off against the positive income from other heads. the income-tax officer, therefore, did not allow the relief under section 80t as there were no long-term capital gains after adjustment of short-term capital loss.where the gross total income of an assessee is a positive figure and even after set off of the ..... contained in sections 45 and 48. these two provisions do not envisage the adjustment of any other loss either of the same year or of a different year. it is no doubt true that the provisions regarding set off of the loss have a direct bearing on the computation of the total income. accordingly, in determining the question, the provisions .....
Tag this Judgment!Court : Kolkata
Reported in : [1976]37STC576(Cal)
..... 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 act shall apply to such commodity.10. by notification no. 2053-f.t. dated 26th september, 1955, as the government was of opinion that 'sugar' should ..... in sugar-candy and not sugar and the contentions raised are in respect of sugar and thus not applicable to the commodities in which the appellants dealt. respondent no. 2 also filed an affidavit contending that the certificates are legal and valid.5. by his judgment under appeal, the learned judge relying on his own decision in ..... of cane sugar-candy and palm sugar-candy, which are the commodities manufactured and sold by the appellants.3. the appellants moved applications under section 12(2) of the 1954 act for review of the orders of assessment, but the applications were summarily rejected as, it was said, they were not in conformity with rules 38 and .....
Tag this Judgment!Court : Kolkata
Reported in : [1969]71ITR371(Cal)
..... the fact of the money being spent wholly and exclusively for the agreement, before a claim for deduction can be allowed under section 10(2)(xv) of the income-tax act. there is no such evidence in the present case as stated both by the income-tax officer and confirmed by the appellate assistant commissioner that there was ..... appellate assistant commissioner agreed with the income-tax officer that payment had been made for some extraneous consideration, and further held that the agreement had not been acted upon. he emphasised the fact that the income-tax officer had requested the assessee to produce all he details of the commission and sales with reference to ..... assistant commissioner has also noted sri bagadtheys statement that the existence of this selling agency commission was brought to the notice of the industrial finance corporation.the appellate assistant commissioner thereafter records the undisputed facts in this case, viz., (1) that the sales were effected directly by the assessee .....
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