Court : Kolkata
Reported in : [1970]78ITR524(Cal)
..... this order of the certificate officer there was an appeal before the commissioner of presidency division, calcutta, under rule 86 of the schedule ii of the income-tax act, 1961. the commissioner observed :'it has been contended on behalf of the appellant that the hindu undivided family had been disrupted long ago and that the assessment ..... on messrs. surendra nath sarkar, bidhu bhusad sarkar and others in the status of a hindu undivided family and the certificate under section 222 of the income-tax act, 1961, had also been filed against the hindu undivided family and the names of the members comprising the hindu undivided family had also been mentioned in the ..... written prior to the completion of the assessment for the assessment year 1957-58.3. as the aforesaid demand remained unpaid a certificate under section 222 if the income-tax act, 1961, was issued on the 23rd march, 1963, in the name of the assessee, hindu undivided family, represented by the said two receivers, sri bikash chandra .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1958Cal664,[1958]33ITR579(Cal)
..... re-employed in the business, if the articles so permit.11. if such be the true concept of 'reserve', the question is whether payments under section 18a of the income-tax act come within it. it was contended on behalf of the assessee that they did, because what was actually done when payments under section 18a were made, was that the ..... amount claimed by the assessee as a reserve had in fact been allowed as contained in a larger amount, the true nature of payments under section 18a of the income-tax act would not fall to be considered. the reference was at the instance of the assessee and if the assessee had already got credit for the payments made under section ..... to the third question. that statement has since been received.2. broadly stated, the third question asks whether the payments made by a company under section 18a of the income-tax act can be treated as a part of its reserve till actually credit in respect of them is given in the regular assessment. it has arisen in the following way .....
Tag this Judgment!Court : Kolkata
Reported in : (1985)49CTR(Cal)23,[1985]155ITR26(Cal)
..... figure ? (2) whether, on the facts and in the circumstances of the case, the tribunal was correct in annulling the orders of the income-tax officer under section 154 of the income-tax act, 1961, in the view that there was no mistake apparent from the record in the earlier orders granting relief under sections 80l and 80m of the said ..... facts and in the circumstances of the case, and on a correct interpretation of section 80b(5), section 80a(2) and other relevant provisions of the income-tax act, 1961, the tribunal was correct in holding that setting off of the current year's losses and carried forward losses of the earlier years against the current year's ..... interpretation of section 2(45), section 80b(5) and section 80a(2) of the income-tax act, 1961, the tribunal was correct in holding that the deduction under section 80m of the said act should be calculated with reference to the total income and gross total income as they stood before setting off the losses under section 71 or section 72 of .....
Tag this Judgment!Court : Kolkata
Reported in : [1992]197ITR522(Cal)
..... assessment year 1982-83 (the relevant accounting period being the year ending on march 31, 1982), the assessee filed a statement of advance tax under section 209a(1)(a) of the income-tax act, 1961 (hereinafter referred to as 'the act'), declaring its income as nil, in view of the fact that the last regular completed assessment for the assessment year 1978-79 was computed as nil ..... tribunal was correct in law in holding that the assessee was not liable to pay any interest under section 216 of the income-tax act and thereby vacating the order of the commissioner passed under section 263 of the income-tax act, 1961 ?'2. the facts leading to this reference are stated hereafter :3. the assessee-company was taken over by tata iron and steel ..... ajit k. sengupta, j.1. in this reference under section 256(1) of the income-tax act, 1961, for the assessment year 1982-83, the following question of law has been referred to this court :'whether, on the facts and in the circumstances of the case, the .....
Tag this Judgment!Court : Kolkata
Reported in : (1989)84CTR(Cal)8,[1990]184ITR323(Cal)
..... favour the endowment had been made were not indeterminate or unknown and that accordingly the first proviso to section 41(1) of the indian income-tax act, 1922, and section 164 of the income-tax act, 1961, was not applicable to the income from the property dedicated by the said deed ? (2) whether, on the facts and in the circumstances of the case, the ..... suhas chandra sen, j. 1. the following two questions of law have been referred to this court by the tribunal under section 256(1) of the income-tax act, 1961 ('the act') :'(1) whether, on the facts and in the circumstances of the case and on a proper interpretation of the deed of endowment dated april 28, 1896, ..... of the property and was not liable to be assessed to tax in respect of the property under section 9 of the indian income-tax act, 1922 ('the 1922 act'). it was held that under hindu law, the property had vested in the idol which was a juristic person. under the 1961 act provision had been made to assess the deities.5. reliance .....
Tag this Judgment!Court : Kolkata
Reported in : (2005)3CALLT110(HC)
..... constitutionally been laid down. constitution does not provide anything to take care of the situation, which is before the court. therefore, the only thing left is the income tax act. the income tax act is also silent on the point. how can then a writ in the nature of mandamus be issued?3. in support of his submission he also relied ..... prayed for should be passed.mr. mallick, learned senior advocate appearing for the revenue made the following submissions:(a) neither section 214 nor section 244 of the income tax act does contain any provision for payment of interest upon interest.(b) a writ in the nature of mandamus can only be issued for the purpose of complying with ..... petition made the following submissions:(a) that the right of the assessee to recover interest on excess payment has been recognised by section 214 and 244 of the income tax act. he submitted that under section 244(1a) interest is payable in the event refund is not made within a period of three months. according to him, the .....
Tag this Judgment!Court : Kolkata
Reported in : (1983)33CTR(Cal)208,[1983]144ITR709(Cal)
..... whether, on the facts and in the circumstances of the case, the tribunal was right in holding that by virtue of the provisions of section 10(27) of the income-tax act, 1961, the losses on account of breeding of horses and pigs amounting to rs. 74,065 and rs. 19,918 respectively are not admissible deductions in computing the total ..... our attention was drawn is the case of c1t v. indo-mercantile bank ltd. : [1959]36itr1(sc) . there the question was whether in an assessment to income-tax under the travancore income-tax act of the profits and gains of a business carried on by an asses-see in the state of travancore as well as the state of cochin, the assessee was ..... on by a person who is not resident in the taxable territories or not ordinarily so resident accrue or arise in the taxable territories or are deemed under the indian income-tax act, 1922, so to accrue or arise, then, except where the business being the business of a person who is resident, but not ordinarily resident, in the taxable .....
Tag this Judgment!Court : Kolkata
Reported in : [1986]162ITR402(Cal)
..... heirs of the deceased including herself, whose shares were determinate. even so, such a constructive trustee will not be a representative assessee under section 160 of the income-tax act, 1961. under clause (iv) of section 160(1), a trustee appointed under a trust declared by a duly executed instrument in writing whether testamentary or otherwise is ..... was reversed by the tribunal. the tribunal held that the assessment was properly to be made on the widow as a representative assessee, under section 161 of the income-tax act, 1961.3. one imam ahmed khan carried on the business as a whole saler in fish, under the name and style of 'fida hossain & co.' as its ..... in law, she was a representative assessee in relation to her minor children. section 160(1) of the income-tax act, 1961, provided :'160. (1) for the purposes of this act, 'representative assessee' means--... (ii) in respect of the income of a minor, lunatic or idiot, the guardianor manager who is entitled to receive or is in receipt of .....
Tag this Judgment!Court : Kolkata
Reported in : [2001]247ITR230(Cal),(2003)ILLJ319Cal
..... case, the tribunal was justified in holding that the assessee was entitled to the deduction of the interest payable on the outstanding municipal taxes thereby cancelling the order of the commissioner of income-tax passed under section 263 of the income-tax act, 1961 ?(2) whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the assessee was entitled ..... to the deduction of the interest payable on the outstanding municipal taxes thereby reversing the order of the commissioner of income-tax (appeals) ?'3. the reference arises out .....
Tag this Judgment!Court : Kolkata
Reported in : (1986)56CTR(Cal)201,[1986]161ITR576(Cal)
..... submitted that an extended meaning of the word 'destroy ' should be adopted in the instant case.13. learned advocate next drew our attention to section 32 of the income-tax act, 1961, and submitted that clause (2) of the explanation to sub-section (1) of section 32 gave an extended definition of the word 'sold'. the relevant portion of ..... in that view deleting the addition of rs. 17,24,591?'11. at the hearing, learned advocate for the revenue drew our attention to section 41 of the income-tax act, 1961, the material part of which is set out as follows:'41. (2) where any building, machinery, plant or furniture which is owned by the assessee and which ..... restoration of the assets to a working condition. the question arose whether the balance of the compensation received was assessable to tax either as a revenue receipt or under section 41(2) of the income-tax act, 1961. it was held by the supreme court on a concession from the revenue that the balance of the compensation represented capital .....
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