Court : Kolkata
Reported in : 1996(55)ECC26,216ITR145(Cal)
..... hotel : 82itr44(sc) . in that case the supreme court held that the sanitary and pipeline fittings fell within the definition of 'plant' in section 10(5) of the indian income-tax act, 1922, and the assessee was entitled to development rebate in respect thereof under section 10(2)(vib). the fact that the assessee had claimed depreciation on the basis that the ..... that preparation of food in the hotel constituted manufacture or production of any article or thing within the meaning of section 32a of the income-tax act, 1961 ?'3. the question, at the instance of the department, arising out of income-tax appeal no. 1575/(cal) of 1983 filed by the department is :' whether, on the facts and in the circumstances of the case, the ..... suhas chandra sen, j.1. the tribunal has referred the following questions of law under section 256(1) of the income-tax act, 1961 :2. the questions, at the instance of the assessee, arising out of income-tax appeal no. 1298/(cal) of 1983 filed by the assessee are :' (1) whether, on the facts and in the circumstances of the case, the tribunal was justified in ..... ) the assessee claimed investment allowance of rs. 2,28,886 on plant and machinery said to have had been installed during the previous year. the income-tax officer did not allow investment allowance under section 52a of the act, since, according to him, the business of the hotel which was being carried on by the assessee was not in the nature of industrial .....Tag this Judgment!
Court : Kolkata
Reported in : 1994(48)ECC22,209ITR854(Cal)
..... ) . in all the above decisions, it was observed that a restaurant did not manufacture or produce any article. the commissioner of income-tax further held that no approval to the catering unit was granted under section 80j(vi) of the income-tax act. the commissioner accordingly directed the assessing officer to withdraw the deduction under section 80j.18. being aggrieved, the assessee brought the above ..... to the interests of the revenue and thereby vacating the order of the commissioner under section 263 of the income-tax act, 1961 : (i) extra depreciation of rs. 40,59,139 on plant and machinery used in hotel.(ii) benefit under section 80j of the income-tax act on flight catering unit at palam airport, new delhi.' 2. the question is one but has two distinct ..... the domestic companies conducting the business of running hotels. the said circular, however, provides that the benefits under the said sections of the income-tax act referred to above shall be given to the hotel industry only if they have in their possession specific approval under the above sections and not on the basis of administrative ..... ajit k. sengupta, j.1. in this reference under section 256(1) of the income-tax act, 1961, the tribunal has referred the following question for our opinion :'whether, on the facts and in the circumstances of the case, the tribunal is right in holding that assessing .....Tag this Judgment!
Court : Kolkata
Reported in : 1994(46)ECC180,206ITR367(Cal)
..... any interference by this court.46. in the facts and circumstances of the case and on a true and proper interpretation of section 80j of the income-tax act, 1961, the blending of different kinds of tea carried on by the assessee does not constitute manufacture or production of articles or things within the ..... tribunal is right in holding that the assessee does not manufacture or produce any article or thing to be entitled to relief under section 80j of the income-tax act, 1961. it is, therefore, submitted that the question referred may be answered in the negative and in favour of the revenue.45. accordingly, in ..... thing produced by the assessee is tea and the end product sold by the assessee is also lea.39. item no. (26) of the fifth schedule of the income-tax act also speaks of tea and not processing of tea.40. in the case of radhanagar cold storage p. ltd. : 126itr66(cal) , this court has ..... us that the tribunal was correct in holding that, in the instant case, the assessee is not entitled to any relief under section 80j of the income-tax act, as it is not an industrial undertaking which manufactures or produces any article since the assessee is engaged only in blending of tea, which may ..... tribunal is right in holdingthat the assessee does not manufacture or produce any article or thing to be entitled to relief under section 80) of the income-tax act, 1961, and it has been submitted that the question referred may be answered in the negative and in favour of the revenue.14. we have .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1952Cal40,19ITR571(Cal)
..... .', 55 cal 1057. in that case it was held that a company owning house property and carrying on the activities of letting such houses is liable to income-tax under section 9 of the indian income-tax act, 1922, in the same way as a private individual owning such property. in that case the facts were that the assessee was a registered company and its ..... or manufacture.'it was essential that business should be defined in the indian income-tax act because of the mode of taxation adopted in section 6 of the act. section 6 of the indian income-tax act provides:'save as otherwise provided by this act, the following heads of income profits and gains, shall be chargeable to income-tax in the manner hereinafter appearing, namely:(i) salaries.(ii) interest on securities ..... of a lease-hold interest in property and the rent and royalties payable to them must be regarded as income from other sources under section 6 (v) of the indian. income-tax act. i cannot see that it would make any difference in india for income-tax purposes even if the lessors of the sublease were a company. in any event the assessees are not a ..... or property cannot amount to a business and that must be so by reason of section 6 of the income-tax act. section 2 (5) of the excess profits tax act makes the holding of securities or of property business merely for the purposes of the act in the case of companies or incorporated societies. the mere holding of property or securities cannot in my view .....Tag this Judgment!
Court : Kolkata
Reported in : 84ITR71(Cal)
..... -57 to 1959-60, issued under section 148 of the income-tax act, 1961, and to desist from taking any further proceedings in respect thereof. let writs in the nature of mandamus issue accordingly. the rule is ..... application must succeed. the respondents are directed to cancel, withdraw and rescind the notices dated the 27th february, 1965, issued under section 148 of the income-tax act, 1961, for the assessment years 1960-61 to 1963-64 and to cancel the notices of the 23rd march, 1965, for the assessment years 1956 ..... next point was that the notices were vague. the notices have been issued in the following terms;'notice under section 148 of the income-tax act, 1961.no. iv(2)/83.-b/c income-tax office, dist. iv(2)/cal. dated the 27/2/1965.tosri bijoy kumar burman & others,55/a, clive street, calcutta. ..... assessment of the individual members of the family or that the partition had been recognised by virtue of an order under section 25a of the indian income-tax act, 1922, were no grounds for quashing the impugned notices. here, of course, the facts are entirely different. as has been mentioned, there was ..... family. thereafter, the petitioner having failed in his attempt to persuade the respondents to drop proceedings under section 148 and under section 139(2) of the income-tax act moved this application in march, 1969, and obtained a rule nisi.2. on behalf of the petitioner dr. pal contended, firstly, that at the .....Tag this Judgment!
Court : Kolkata
Reported in : (2005)194CTR(Cal)59,272ITR58(Cal)
..... him, and orders making such corrections or rectifications are, therefore, clearly part of the proceedings for assessment. it was so held in the context of section 35 of the indian income-tax act, 1922, in s. sankappa v. ito : 68itr760(sc) . the contention of the assessee has accordingly to be rejected.23. we observe that the questions of law as ..... order of rectification dated october 21, 1992, subject matter of appeals before the commissioner of income-tax, income-tax appellate tribunal and leading to this appeal, shows that the computation under section 115j of the act has been made as follows :rs.'tax payable under section 115 of the income-tax act.book profit 1,00,89,134add : provision for taxation 18,00,000profit 1,18,89 ..... the assessee-company had declared a dividend and become liable to pay additional income- tax with respect to excess dividends under the finance act, 1952, but this fact was overlooked by the income-tax officer in the original assessment. this was rectified by resort to section 35 of the income-tax act. the income-tax officer later discovered that this was also erroneous and by a second order ..... was required to calculate the interest in the manner provided under the provisions of the act and had to add to the assessment.17. section 154 of the income-tax act, 1961 (which corresponds to section 35 of the indian income-tax act, 1922) empowers the income-tax authorities to rectify any mistake 'apparent from the record'. in the case on hand there was such a .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1951Cal149,19ITR425(Cal)
..... :'(1) the tax shall be payable by an assessee under the head 'profits & gains of business, profession or vocation' in respect of the profits or gains of ..... . this is a reference under section 66(1), income-tax act & the question on which we are to express our opinion is as follows:'whether on the facts & in the circumstances of this case the tribunal was right in allowing the sum of rs. 2,100 as a deduction under section 10(2)(xv), income-tax act;'the material portion of section 10 is as follows ..... . 600/-& rs. 518. the only question is whether the sum of rs. 2100/- can be properly allowed as allowance under the section i have already set out.4. before the income tax officer it was contended that this sum came within the section, not being an expenditure in the nature of capital expenditure or personal expenses of the assessee, but laid out .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1951Cal151,55CWN261,19ITR406(Cal)
..... for the opinion of the ct.7. section 10, income-tax act, provides:'the tax shall be payable by an assessee under the head 'profits & gains of business........' in respect of the profits or gains of any business.... carried on by him.'8. sub ..... the assessment year 1943-44. on the other hand, the assessees claimed that this amount could not be regarded as profits under section 10(2) (vii), income-tax act, but the taxing authorities assessed the amount to tax & that view was upheld by the appelpellate tribunal. as i have stated, the appelpellate tribunal on being requested framed the question set out earlier in this judgment ..... of rs. 3,27,840/- received by the appct. co. from the govt. of india in the circumstances of this case is taxable as profits under section 10(2) (vii), income-tax act?'2. the assessees are the well known electric supply co. which provide this city with electricity. the assessees had a standby electricity generating plant at bhatpara about sixteen miles from ..... ordinarily used & understood, in the english language.38. it must be remembered however that the word 'sale' appearing in the second proviso to section 10(2) (vii), income-tax act, is a word found in a taxing statute i.e. a statute imposing financial burdens on the subject. a burden would be imposed if the words of the statute clearly imposed such a burden .....Tag this Judgment!
Court : Kolkata
Reported in : (2009)223CTR(Cal)361,178TAXMAN269(Cal)
..... ordersoumitra pal, j.1. these two writ petitions were filed by the petitioners challenging the show-cause notices and the orders of transfer passed under section 127 of the income-tax act, 1961 (for short 'the act'). since admittedly identical issues are involved, the petitions were heard analogously. however, for the sake of convenience facts in w.p. no. 1920, sahara india commercial corporation ltd ..... transferred to dcit, central circle-6, new delhi, in exercise of powers vested in me under section 127(2) of the income-tax act, 1961.6. this order will take effect from 9-8-2005.sd/-(v.k. bhatia)commissioner of income-tax: kol-iiikolkata.'[emphasis supplied]11. in order to deal with the first question it is necessary to refer to the pleadings in ..... /2005-06*centralisation of 'sahara' group of casesin exercise of the powers conferred by sub-section (2) of section 127 of the income-tax act, 1961 (43 of 1961) and all other powers enabling me in this behalf, i, the commissioner of income-tax, kolkata-hi, kolkata, hereby transfer the case, particulars of which are mentioned in column '2' and '3' of the table given ..... :'todated: 30-6-2005the principal officer,m/s. sahara india commercial corpn. ltd.,2a, shakespeare sarani,sahara sadan,kolkata-700 071.sir,sub.: notice under section 127(2) of the income-tax act, 1961, proposal for transfer of your case to new delhi.the sahara group consists of several companies, firms and individuals which are presently assessed to .....Tag this Judgment!
Court : Kolkata
Reported in : 314ITR291(Cal)
..... the acit/dcit, central circle-ill, patna, in exercise of the powers conferred under sub-section (2)(a) of section 127 of the income-tax act, 1961 (in short 'the act').4. it is submitted by mr. khaitan, learned senior advocate appearing on behalf of the petitioners that though pursuant to the notices dated ..... therefore passed.in exercise of the power conferred by sub-section (2)(a) of section 127 of the income-tax act, 1961, and all other power enabling me in this behalf, i, the commissioner of income-tax, kolkata-xv, kolkata, hereby transfer the following case the particulars of which are mentioned in columns (2 ..... the facts of my smallness.(12) that i am regularly assessed to income-tax at kolkata in the range 44/kolkata.(13) that my firm m/s. bhagwati steels is regularly audited under section 44ab of the income-tax act, 1961, at kolkata.(14) that i am suffering from ill-health ..... for centralization of sri ratan lal agarwal group of cases for co-ordinated investigation and assessment. this order shall take immediate effect.commissioner of income-tax,kolkata-xv, kolkata.(emphasis supplied)9. it appears that though it has been submitted on behalf of the respondents that the transfer is for ..... (cal).6. in order to decide the issue it is necessary to refer to the notice dated january 15, 2009, proposing transfer issued by the income-tax officer (technical), kolkata-xv, respondent no. 2, the relevant portion of which is as under:.in connection with search and seizure operation against ratan .....Tag this Judgment!