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Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Page 8 of about 17,162 results (0.064 seconds)

Jul 13 2011 (HC)

Alok Todi and anr. Vs. Commissioner of Income Tax.

Court : Kolkata

..... 1. this appeal under section 260a of the income-tax (act), 1961 is at the instance of an assessee, represented by two of its erstwhile partners, and is directed against an order dated december 17, 2003 passed by the income-tax appellate tribunal, a bench, kolkata in income-tax (ss) appeal no.34 (kol) of 1998 for the block ..... as per law for both the assessment years. 3. in the facts and under the circumstances of the casee the learned assessing officer erred in adding the income in the hands of the appellant. 4. in the facts and under the circumstances, the assessment is bad in law as on the facts of the ..... the instant case the assessing officer had reasons to treat the entries contained in the books of account bearing identification mark bkg/5 as the undisclosed income of skah and further as to whether the assessment order as well as the order of the tribunal is based on no evidence?6. mr. ..... or profession carried on by a firm had been discontinued or where the firm was dissolved, the assessing officer should frame the assessment on the total income of the firm as if no such discontinuance or dissolution had taken place. e) from the seized bunch of papers, it was found that the ..... mark bkg/5 were seized. there were some entries which related to the firm m/s. shree krishna arvind hatcheires indicating that the firm had undisclosed income for the assessment year 1990-91. b) proceedings under section 158bb were drawn up and notice under section 158c was issued on january 22, 1997 .....

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Jul 13 2011 (HC)

Stewart Holl (India) Ltd. Vs. Commissioner of Income Tax

Court : Kolkata

..... was justified in law in holding that blending of tea did not constitute processing and that the appellant was not entitled to deduction under section 80hhc (3)(a) of the income tax act, 1961 in respect of profits derived from export of tea? 9. therefore, the sole question that arises for determination in this appeal is whether the blending of different types of ..... the instant case incorporated the terms 'manufacture' and 'production' and omitted the term 'processing'. therefore, the respondent assessee cannot be extended the benefit of section 35(1)(b) of the income tax act. air 1981 sc 1014 18.0 in the case before us, the word processed has been specifically mentioned in sub-section (3a) of section 80hhc of the ..... 1. this appeal is at the instance of the assessee under section 260a of the income-tax (act) and is directed against an order dated march 31, 2004 passed by the income-tax appellate tribunal d bench, kolkata in ita no.97 (cal) of 2000 & ita no.1344 (cal) 2001 disposing of those two appeals relating to assessment years 1997-97 and 1997- ..... this case. but we have to bear in mind a significant difference in the language employed in section 8 of the bombay sales tax act, 1953 in nilgiri's case and the language of section 35(1)(b) of the income tax in the present case. the difference is that the term processing which has been specifically incorporated in nilgiri's case has been .....

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Jul 26 1957 (HC)

Commissioner of Income-tax, West Bengal Vs. P.K. Das

Court : Kolkata

Reported in : AIR1958Cal51,[1958]34ITR729(Cal)

..... chakravartti, c.j. 1. this is a reference under section 66 (1) of the indian income-tax act, by which the income-tax appellate tribunal has referred to this court a short question of a familiar shape. the question asks whether certain payments received by a director of a company of chief agents ..... reference and has not been represented before us at the hearing. probably, the reason is to be found in clause 3 (b) of the agreement which states that if any income-tax is levied on any of the payments provided for in the agreement, the same will be borne by the assurance company. 11. in the letter of the 26th of june ..... approach is not by any means to solve the difficulty. broadly stated, a principle which i think may safely be acted on is the principle which i ventured to state in the case of national cement mines industries ltd. v. commissioner of income-tax, west bengal, : [1956]29itr629(cal) . you have to consider the look of the thing and having taken notice of ..... in the hands of the director or were capital receipts. the tribunal have held that the sums were capital receipts. the commissioner of income-tax, being dissatisfied, has brought up the question before us for an expression of the court's opinion. 2. the reference relates to two assessment years, namely, 1950-51 and 1951- .....

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Mar 16 1956 (HC)

Commissioner of Income-tax, West Bengal Vs. Bhim Chandra Ghosh

Court : Kolkata

Reported in : AIR1957Cal69,[1956]30ITR46(Cal)

..... the gift was a joint gift to the two deities with the share of each indeterminate, the income receivable by each of the deities would be indeterminate and under the proviso to section 41, income-tax act tax was leviable and recoverable at the maximum rate at the relevant date. if, however, the dedication ..... 5a cannot be said to indicate any intention to create a joint estate in favour of the two deities. in -- panchanan das v. commr. of income-tax, w. b.', : [1951]20itr57(cal) (g), there was a provision in the arpan-nama that the sebait for the time being shall be able ..... had arrived at a correct conclusion and answered the question in the affirmative. this decision was followed by this court in the subsequent case of -- 'commr. of income-tax, w. b. v. sm. ashalata debi', reported in the same volume of itr at p. 326 (b). in -- 'pulin behari de's case ( ..... of the two deities or two separate estates were created. the question is covered by the authority of this court's decision in -- 'commr. of income-tax v. pulin behary de', : [1951]20itr314(cal) (a). in that case. there was also dedication to two deities thakur harihar and thakurani sachimata ..... amounted to two separate gifts to the two deities, the necessary conclusion from the absence of specification of shares of each would be that each of the two deities would have an equal share in the properties so that the income .....

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Feb 15 2005 (HC)

Union of India (Uoi) Vs. Cestat

Court : Kolkata

Reported in : 2005(183)ELT250(Cal)

..... ors. : [1986]157itr665(sc) , after considering the question whether the high court was empowered to grant stay or pass interim orders in pending references under the indian income-tax act, 1922, section 66, and the income-tax act, 1961, section 256, their lordships said (in, para 38 of the report)'in an appropriate case, if the assessee feels that a stay of recovery pending disposal ..... noted law was declared by their lordships in commissioner of income-tax, delhi and ors. v. bansi dhar & sons and ors. : [1986]157itr665(sc) , are almost identical with the ones of ..... thought fit. but in case the appellate authority acted without jurisdiction or in excessive jurisdiction or in improper exercise of the jurisdiction, then decision of such appellate authority can be corrected by the high courts by issuing appropriate writs under articles 226 and 227 of the constitution.'6. the provisions of the income-tax act, 1961, section 256, considering which the above ..... the customs act, 1962, section 130a. hence 1 am of the view that it (the law declared) will equally apply to a case under .....

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Nov 26 1993 (HC)

Commissioner of Income-tax Vs. Champa Properties Pvt. Ltd.

Court : Kolkata

Reported in : [1995]212ITR303(Cal)

..... respect of the entire property income in accordance with the agreement entered into by the assessee with the government of india, department of rehabilitation, as per the agreement ..... 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, ..... -company were benefited in earning substantial income for leasing out the entire property to an outside tenant which happened to be a government department. it is pointed out that the assessee was the owner of the property and, therefore, in terms of section 23(1) of the income-tax act, 1961, it was assessable in ..... deleted the addition of rs. 72,000 made in each of the two assessment years under consideration.6. aggrieved by the order of the commissioner of income-tax (appeals), the department came up in appeal before the tribunal. on a consideration of the submission of the rival parties and the evidence brought on record ..... minus the lease-rent fixed in the original lease agreements dated may 6, 1966, as modified on september 16, 1966. in the assessment year 1983-84, the income-tax officer observed thus -'in the details filed, the assessee has show rs. 44,330.40 only as rent from 25a, shakespeare sarani, calcutta. the assessee-company .....

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Jul 24 1990 (HC)

Commissioner of Income-tax Vs. Grindlays Bank Ltd.

Court : Kolkata

Reported in : [1994]208ITR700(Cal)

..... of one month and 18 days in presenting the appeal had to be explained by the commissioner upon whom the appellate order was served.5. the relevant provisions of the income-tax act are as under :'section- 253. (2) the commissioner may, if he objects to any order passed by an appellate assistant commissioner under section 154 or section 250, direct the ..... suhas chandra sen, j. 1. the following question of law has been referred by the tribunal to this court under section 256(1) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case, the tribunal is justified in holding that the departmental appeal is time-barred in spite of the fact ..... made for condonation of the delay the only ground made out was that the commissioner of income-tax had wrongly forwarded the order passed by the commissioner of income-tax (appeals) to the income-tax officer, 'h' ward, comp district iv, calcutta, on february 9, 1982, instead of to the income-tax officer, 'a' ward.7. it has not been explained by the commissioner why this mistake was ..... income-tax officer to appeal to the appellate tribunal against the order. (3) every appeal under sub-section (1) or sub-section (2) shall be filed within sixty days of the date .....

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Apr 07 1992 (HC)

Arrah Sasaram Light Railway Co. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1995]215ITR870(Cal)

..... assessment year 1981-82 was filed on july 30, 1983. as there was a variation between the income shown in the return and the income proposed, the income-tax officer drew up a draft under section 144b(1) of the income-tax act, 1961, on september 6, 1983. the assessee submitted its objection by a letter dated september 12 ..... , 1983. the inspecting assistant commissioner communicated his directions on september 24, 1984, which were received by the income-tax officer on ..... ajit k. sengupta, j.1. in this reference under section 256(1) of the income-tax act, 1961, the tribunal has referred two questions, one relating to the assessment year 1981-82 and the other relating to ..... it is clear that the provisions thereof extend the limitation by the time which the inspecting assistant commissioner may take in giving directions to the income-tax officer but such extension shall not exceed 180 days. explanation 1 provides that in computing the period of limitation for the purpose of section 153, ..... it was urged that the finding given by the commissioner is incorrect.5. the tribunal, following its earlier order, maintained the order of the commissioner of income-tax (appeals) on this point.6. the assessee's contention is that the extension of limitation by 180 days in terms of clause (iv) of explanation .....

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Nov 06 1990 (HC)

Camellia Tea Group Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1993]203ITR80(Cal)

..... view of the matter we are of the opinion that the sum received from the insurance company represented nothing but agricultural income and as such exempt under section 4(3)(viii) of the indian income-tax act, 1922.'7. in our opinion, the principles laid down in the aforesaid decision will apply to the facts of this ..... ajit k. sengupta, j.1. in this reference under section 256(1) of the income-tax act, 1961, for the assessment year 1081-82, the following question of law has been referred to this court :'whether, on the facts ..... in the aforesaid case was distinguishable on facts. the learned authorised representative for the assessee-company, on the other hand, fully supported the order of the commissioner of income-tax (appeals). reliance was placed on the decision of the calcutta high court in the case of b. gupta (tea) pvt. ltd. : [1969]74itr337(cal) ..... on a perusal of the three damage reports that the valuers in all cases evaluated the hail damage finally in terms of 'made-tea'. the income-tax officer was of the view that the claims admitted by the insurance company also covered a portion of an overall loss in each of the three ..... case. the entire receipt under the insurance policy for damage caused by the hailstorm to the growing tea leaves will be assessable as agricultural income and no part of the said income can be apportioned under rule 8 of the income-tax .....

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Jun 14 1993 (HC)

Commissioner of Income-tax Vs. Precision Finance Pvt. Ltd.

Court : Kolkata

Reported in : (1994)121CTR(Cal)20,[1994]208ITR465(Cal)

..... there were two assessments under section 144 due to non-compliance by the assessee but both the ex parte assessments were reopened under section 146 of the income-tax act, 1961. the present assessment was a third assessment made under section 143(3)/146 on march 11, 1986. in the course of assessment proceedings for ..... ajit k. sengupta, j.1. in this reference under section 256(2) of the income-tax act, 1961, for the assessment years 1978-79 and 1979-80, the following question has been referred to this court :'whether, on ..... regarded as genuine and is added back1,00,000 11-054-fq-0953cal/c/vi(c)it appears from the order of the commissioner of income-tax (appeals) that the income-tax officer allowed opportunity to the assessee for about 7 1/2 years starting from september 16, and ending on february 24, 1986, to ..... 37,512 for the assessment year 1979-80.2. aggrieved by the orders of the assessing officer, the assessee filed appeals before the commissioner of income-tax (appeals). the commissioner of income-tax (appeals), considering the facts and circumstances of the case, confirmed the additions.3. being aggrieved, the assessee came up in appeal before the ..... . the assessee-company has proved the identity of the creditors and their creditworthinessand the genuineness of the transactions should have been found out by the income-tax officer by making investigation from their bank accounts because of the account payee cheques being issued and other related evidence. the additions on account of .....

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