Court : Orissa
Decided on : May-03-1977
Reported in : [1978]42STC302(Orissa)
R.N. Misra, J.1. The petitioner, Messrs. Straw Products Limited, a company incorporated under the Companies Act of 1956 with its registered office at Jaykaypur in the District of Koraput is engaged in the manufacture of paper and allied products. For the purpose of obtaining pulp for paper-making, the company obtained two leases from the State of Orissa on 17th May, 1956 and 22nd August, 1956, on the basis of royalty. Both the contracts were for a term of 16 years with a stipulation for renewal and in January, 1974, the two leases have been renewed for a further term of 16 years. There is no stipulation for reimbursement of sales tax in the contracts. On 24th February, 1975, the Divisional Forest Officer, Balliguda Division, sent the following letter to the petitioner:I am a registered dealer and my registration No. is GA-II-3252. I am assessed to tax on sale of all standing trees which includes bamboos for the years 1969-70 to 1971-72 and the assessments for the period from 1972-73 ti...
Tag this Judgment!Court : Orissa
Decided on : Mar-01-1977
Reported in : [1977]109ITR497(Orissa)
R.N. Misra, J.1. On an application of the assessee under Section 256(1) of the Income-tax Act of 1961 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal, Cuttack Bench, has stated this case and has referred the following two questions for opinion of this court :'1. Whether, on the facts and in the circumstances of the case, the sum of Rs. 2,77,692 awarded to the assessee as interest was rightly held to be a revenue receipt ? 2. If the answer to question No. 1 is in the affirmative, whether, onthe facts and in the circumstances of the case, the aforesaid sum ofRs. 2,77,692 was rightly separated from the other amounts under theawards and taxed in full ?' 2. The relevant assessment year is 1972-73, corresponding to the financial year ending with March 31, 1972. The assessee is a firm engaged, inter alia, in execution of Government contracts. It disclosed in its return for the year a gross receipt of Rs. 22,72,997 and following a settlement between it and the revenue...
Tag this Judgment!Court : Orissa
Decided on : May-04-1977
Reported in : AIR1978Ori19; 1977CriLJ2053
R.N. Misra, J.1. The Additional Sessions Judge of Balasore by Judgment dated 7-11-1974 in Sessions Trial No. 12/ 42 of 1974 convicted Shanti alias Satyabhama Devi Under Section 302 of the Indian Penal Code and Tauli Jena Under Section 302/120B of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for life. Criminal Appeal No. 212 of 1974 is by Shanti while the other appeal is by Tauli Jena against the common judgment of conviction and both these appeals were sent from jail.2. When these two appeals were placed before a Division Bench for hearing, notice of enhancement of sentence from rigorous imprisonment for life to one of death was issued. After the appellants were served with such notice, the matter was placed for hearing and by order dated 2-8-1976, a Division Bench consisting of two of us (R. N. Misra and Mohanti, JJ.) directed the appeals to be placed before a Full Bench for hearing in consideration of the fact that certain Bench decisions of this ...
Tag this Judgment!Court : Orissa
Decided on : Feb-23-1977
Reported in : 43(1977)CLT393; [1978]113ITR196(Orissa)
R. N. MISRA J. - This is an application for a writ of certiorari for quashing the order imposing penalty under section 271(1)(c) of the Income-tax Act of 1961 (hereinafter referred to as the 'Act') by the Inspecting Assistant Commissioner as upheld in revision by the Commissioner of Income-tax.The petitioner is an assessee under the Act. For the assessment year 1967-68, he was assessed to income-tax by the Income-tax Officer at Titilagarh. The Income-tax Officer found two cash credits of Rs. 4,250 and Rs. 12,000 in the names of Banwarilal Agrawala and Tulsiram Agrawala, respectively. He did not accept the explanation of the assessee and added these amounts as income from other sources. The order of assessment was passed on October 17, 1970, and he directed a proceeding under section 271(1)(c) of the Act to be initiated. In due course, the penalty matter was referred to the Inspecting Assistant Commissioner of Sambalpur under section 274(2) of the Act. On January 24, 1973, the Inspectin...
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