Court : Kolkata
Reported in : (1979)8CTR(Cal)110
..... the facts and in the circumstances of the case the tribunal was justified in holding that the proceedings u/s 201(1) of the income tax act 1961 were recovery proceedings ?2. whether on the facts and in the circumstances of the case the tribunal was justified in holding that the recovery proceedings were initiated by the income ..... pay the same to the income tax authorities automatically becomes an assessee in default in respect of the same under deeming provision of the said section. there was no scope for any further action on the part of the income tax officer to make the person concerned an assessee in default under the said section.dr. pal ..... assessee.3. the assessee appealed against the said order of the income tax officer before the appellate assistant commissioner of income tax and contended that the assessee had no oligation to deduct taxes from the remittances which though having an element of income or profits did not constitute chargeable income and that the assessee being an agent .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal424,[1960]11STC47(Cal)
..... were prior to march 31, 1949, and as such were exempt from the payment of sales tax under section 5 (2) (a) (iii) of the bengal finance (sales tax) act of 1941. the point was pleaded in paragraph 24 of the petition. mr. das pointed out that in the ..... must be held in this court that the levy of the tax on these sales have been validated by the sales tax laws validation act no. vii of 1956, even though such sales are sales in the coursel of inter-state trade or commerce. he stated that it ..... .10. sinha, j., also held that the levy of the sales tax on the sales was validated by the sales tax laws validation act no. vii of 1956, although such sales were sales in the course of inter-state trade or commerce. before sinha, j., it was ..... place in the delivery state was made in the course of inter-state trade or commerce. for this purpose the explanation can have no relevancy or application at all.' these observations clearly seem to bring out two things. they show firstly mat it is sometimes possible .....
Tag this Judgment!Court : Kolkata
Reported in : [1962]13STC138(Cal)
..... 0 and an exemption was claimed under two headings : (i) rs. 1,33,730-7-6 under section 5(2)(a)(i) of the bengal finance (sales tax) act and (2) rs. 69,65,979-9-6 under section 5(2)(a)(ii) of the act and the taxable turnover was shown as rs. 218-9-0 only for which a tax of rs. 9-12 ..... it was held that where the words of a statute are plain, the court has no right to put an unnatural interpretation upon them simply 'because the putting of the natural interpretation might work injustice.50. section 5 (2)(a)(ii) of the bengal finance (sales tax) act speaks of an item of deduction to which a registered dealer is declared entitled. but the ..... an appeal from an order of sinha, j., discharging a rule issued in a writ application under article 226 of the constitution.2. the appellant is a public limited company and is a registered dealer under bengal finance (sales tax) act, 1941. in respect of accounting year ending 31st december, 1954, the appellant submitted a return to the commercial tax officer .....
Tag this Judgment!Court : Kolkata
Reported in : [1973]87ITR228(Cal)
..... the case of sree meenakshi mills ltd. v. commissioner of income-tax, the supreme court observed at page 213 :' under section 10(2)(xv) of the indian income-tax act, as amended by act 7 of 1939, expenditure even though not directly related to the earning of income may still be admissible as a deduction. expenditure on ..... closed to the company. its true purpose was to facilitate trading by enabling the company to engage a more competent manager and to borrow money required to finance the company's traditional trading operations under modern conditions. none of the authorities cited is directly in point, and i think that the most apposite general ..... colliery, or of constructing any new building or of installing any new machinery and expenditure for such purposes must havebeen incurred long before. there was, therefore, no question of incurring any initial expenditure for setting up any business, nor was there any question of development thereof.29. the expenditure in question was incurred for .....
Tag this Judgment!Court : Kolkata
Reported in : (1982)28CTR(Cal)345,[1983]140ITR272(Cal)
..... decision of the supreme court in the case of india cements ltd. v. cit. there the assessee had obtained the loan of rs. 40 lakhs from the industrial finance corporation and secured it by a charge on its fixed assets. in this connection it spent a sum of rs. 84,633 towards stamp duty, registration fees, ..... all the relevant authorities and held that a sum of rs. 50,000 contributed under the sugarcane development scheme was a deductible expenditure under section 10(2)(xv) of the 1922 act. there the facts were entirely different. learned advocate for the assessee tried to draw sustenance from the observations from pp. 299 to 301 of the report ..... expenditure properly attributable not to revenue but to capital. it is true that the concept regarding capital and revenue expenditure has undergone a metamorphosis. however, there is no authority till to-day warranting allowance of any expenditure relating to the raising of or addition to the share capital of a company. the decision of the supreme .....
Tag this Judgment!Court : Kolkata
Reported in : [1988]71STC404(Cal)
..... of the production of the said factory took place on 22nd october, 1979. on 22nd december, 1979 the petitioner was granted registration certificate under the bengal finance (sales tax) act, 1941. the petitioner applied for eligibility certificate under rule 3(66) of the (west) bengal sales tax rules which grants tax holiday to newly ..... or the west bengal sales tax act, 1954 or the central sales tax act, 1956 together ..... his possessing no valid eligibility certificate as enjoined in law on and from 1st april, 1982. rule 27aa(2)(c) of the bengal sales tax rules, 1941 specifically states that if the applicant, for declaration forms, has at the time of making the application defaulted in furnishing any return under the bengal finance (sales tax) act, 1941 .....
Tag this Judgment!Court : Kolkata
Reported in : [1985]58STC370(Cal)
..... thereof as mentioned hereinbefore were restated. mr. ghosh also contended that without the necessary amendment of the petition incorporating the necessary statements regarding review cases nos. 2 and 3 and appeal no. 648 of 1976-77, this proceedings can continue. it was also contended by mr. ghosh that when reasons were required to be recorded ..... it has been held that in view of the fact that by section 2(b) of the bengal finance (sales tax) (west bengal amendment) act, 1950 'firm' has been excluded from the definition of the word 'dealer' in section 2(c) of the bengal act, a firm cannot be treated as a separate unit for purposes of assessment ..... hereinbefore, was passed. it has further been stated that the petitioners, not having even furnished returns for considerable periods, the assistant commissioner of commercial taxes, respondent no. 2, was satisfied that in the facts and circumstances of the case, there were good and sufficient reasons for demanding security for rs. 10,00,000, for .....
Tag this Judgment!Court : Kolkata
Reported in : [1975]35STC383(Cal)
..... by mr. chakraborty that in view of the fact that sales were effected during the period when the purchasers were registered dealers under the act, respondents nos. 1 and 2 have no authority or jurisdiction to impose any tax on the sales supported by the declaration forms issued by the registered dealers. in the present case, ..... 1967, the petitioner was assessed by the commercial tax officer, respondent no. 1, on the 30th september, 1971, under section 11(1) ..... . the petitioner is a company incorporated under the companies act and carrying on its business at 20, maharshi debendra road, calcutta-7. the petitioner is a dealer in iron and steel and registered under the bengal finance (sales tax) act, 1941 (hereinafter referred to as the said act). for the period of four quarters ending 31st december, .....
Tag this Judgment!Court : Kolkata
Reported in : [1977]40STC419(Cal)
..... of an amendment in 1974 by the incorporation of section 14(3a) by section 2(ii) of the bengal finance (sales tax) (third amendment) act, 1974 (west bengal act 7 of 1974) and the deletion of rule 70 with effect from 5th november, 1973, by the west bengal government, finance department notification no. 3837-f.t. and such incorporation being retrospective, the action to retain the documents ..... having 10 annas share and ghanashyam sarda having a share of 6 annas. there is also no dispute that the said firm is a dealer within the meaning of section 2(c) of the bengal finance (sales tax) act, 1941 (hereinafter referred to as the said act), having registration certificate no. jk/2658-a. apart from the said registration the said firm is also registered under .....
Tag this Judgment!Court : Kolkata
Reported in : (1986)56CTR(Cal)176,[1986]160ITR877(Cal)
..... be included in the 'capital employed' for the purpose of section 80j of the income-tax act, 1961 ?'10. the controversy raised in question no. 2 now stands covered by a decision of the supreme court in lohia machines ltd. v. union of india : [1985]152itr308(sc) and following the ..... & co. (p.) ltd. : [1975]99itr118(sc) . it was laid down by the supreme court in manmohan das : [1966]59itr699(sc) , that under section 24(2) of the indian income-tax act, 1922, a statutory right was conferred on the assessee who sustained any loss in any year in any business, profession or vocation to carry forward the same to ..... year 1974-75, even though such deficiency was neither claimed nor considered by the income-tax officer in the assessment year 1974-75? 2. whether, on a correct interpretation of section 80j of the income-tax act, 1961, read with rule 19a of the income-tax rules, 1962, the tribunal was right in holding that borrowed moneys should .....
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