Court : Orissa
Reported in : AIR1949Ori60; [1949]17ITR256(Orissa)
NARASIMHAM, J. - The questions referred to us for opinion by the Income-tax Appellate Tribunal, Calcutta Branch, Patna, are as follows :-(1) Whether, in the circumstances of the case and on the findings of the Tribunal, the income, profits or gains in question or any part thereof accrued or arose within an Indian State and, if so, whether such income, profits or gains were received or deemed to have been received in or were brought into British India ?(2) Whether Section 42(3) of the Income-tax Act is applicable to the facts of the case The assessees headquarters is at Cuttack and he has been assessed to income-tax for the year 1943-44 in respect of his dealings in (a) nux vomica and (b) hides, horns, bones etc., which were gathered by him from several Orissa States and sold at several places in British India through his commission agents known as arhatias. The cash realised by these arhatias from the sales of the aforesaid products were all remitted to the head office at Cuttack. The ...
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori125
Narasimham, J.1. These six revision petitions are against the order of the District Munsif of Aaka rejecting six execution petitions Nos.269, 271, 272, 273, 276 and 277 of 1944 on the ground that they were barred by limitation. The revision petitions were first heard by my Lord the Chief Justice sitting singly and he was pleased to refer to a larger Bench in view of the doubt entertained by him regarding the correctness of two Division Bench decisions of the Patna High Court reported in Banwari Narain v. Ramhari Narain, A. I. R (29) 1942 pat. 335: (197 I. C. 217) and Mohammad Sadique Mian v. Mdkabir Sao, A. I. E. (29) 1942 Pat. 410 : (21 Pat. 866).2. The material facts which are not in dispute are as follows: Execution petn. no. 269 of 44 arose out of a Small Oause Court suit which was disposed of on 1st August 1944 and the remaining five execution petitions arose out of Small Cause Court suits which were disposed of on 8th August 1941. In all those suits, the decrees were actually dra...
Tag this Judgment!Court : Orissa
Reported in : (2008)106CALLT192(NULL)
A.K. Ganguly, C.J.1. This batch of Writ Petitions were heard together as common questions of facts and law are involved and these different Writ Petitions were filed in respect of different assessment years by the Petitioner.2. The Petitioner claims to be a non-Banking Finance Company licensed by the Reserve Bank of India to carry on business in leasing as well as hire purchase, inter alia, of plant, machinery and other equipments.3. On or about. 31st July, 1995 a tripartite agreement was entered between the Petitioner company, and M/s. Indian Metals and Ferro Alloys Limited (IMFA) and M/s. Isgee John Thompson CUT'). Under the said agreement IMFA was referred to as the 'user', IJT was referred to as 'supplier I contractor' and the Petitioner as the 'purchaser'.4. IMFA wanted to instal a 90 Ton Per Hour (TPH) Spreader Stoker Water Tube Boiler at its Choudwar Power Plant of M/s. Indian Charge Chrome Ltd. (ICCL), which is a sister concern of IMFA. For in...
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