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Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Year: 1988 Page 4 of about 125 results (0.045 seconds)

Jul 04 1988 (HC)

Commissioner of Income-tax Vs. Nawn Estate Pvt. Ltd.

Court : Kolkata

Decided on : Jul-04-1988

Reported in : [1989]175ITR127(Cal)

..... the assessee of a larger dividend than that declared would have been unreasonable and in that view cancelling the order made under section 23a of the indian income-tax act, 1922 ?'it is not necessary for us to go into the question referred to us in view of the facts stated hereafter.2. the tribunal ..... bengal-v, the following question of law has been referred to this court under section 256(2) of the income-tax act, 1961, for the assessment year 1960-61 :'whether, on the facts and in the circumstances of the case, the tribunal erred in ..... as the appellate assistant commissioner, by the order dated march 24, 1977, set aside the assessment for the assessment year 1960-61 and directed the income-tax officer to make the assessment afresh in accordance with law and after completion of the enquiries, we are of the view that this reference has now become ..... event that the appellate assistant commissioner, by his order dated march 24, 1977, set aside the assessment for the assessment year 1960-61 and directed the income-tax officer to make the assessment afresh in accordance with law and after completion of the enquiries mentioned above. according to him, the present reference application would be ..... this case and having regard to the principles laid down by the supreme court in the case of cit v. gangadhar banerjee and co. (p.) ltd. : [1965]57itr176(sc) and the decision of this court in the case of cit v. bangodaya cotton mills ltd. : [1968]69itr812(cal) , in the matter of distribution of .....

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Jul 18 1988 (HC)

Commissioner of Income-tax Vs. Rallis India Ltd.

Court : Kolkata

Decided on : Jul-18-1988

Reported in : [1989]175ITR351(Cal)

sengupta, j.1. at the instance of the commissioner, west bengal-ii, the following question of law has been referred to this court under section 256(1) of the income-tax act, 1961, for the assessment year 1968-69 :'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the expenses on repairs of ..... for repairing of rented flats as a permissible deduction. the assessee had made repairs to the flats which it had taken on rent for the purpose of its employees. the income-tax officer held that as the repairs had been made to the flats which were not owned by the assessee but had been taken on rent by the assessee, the deduction .....

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Aug 01 1988 (HC)

Commissioner of Income-tax Vs. Budge Budge Amalgamated Mills Ltd. (No. ...

Court : Kolkata

Decided on : Aug-01-1988

Reported in : [1989]175ITR378(Cal)

..... be rectified under section 154 of the income-tax act, 1961, was not a mistake apparent from the record within the meaning of the said section ?'2. the facts shortly stated hereinafter are as follows :the assessee in its return ..... , by his letter dated january 17, 1964, directed the assessee to create the necessary reserve as could be seen from the following extracts from the said letter :'the income-tax act, 1961, contemplates that the assessee has the obligation of computing his assessable profits and of making an adequate reserve of 75 per cent. of the development rebate actually allowable to ..... sengupta, j.1. at the instance of the commissioner, the following question of law has been referred to this court under section 256(2) of the income-tax act, 1961 ('the act'), for the assessment year 1961-62 :'whether, on the facts and in the circumstances of the case, the tribunal misdirected itself in law in holding that the mistake sought to ..... state its case as to why the mistake crept in the assessment should not be rectified under section 154 of the act. the assessee in its reply dated april 26, 1976, objected to the proposed rectification of the income-tax officer. the income-tax officer, however, rejected the assessee's objection and rectified his earlier, order under section 154 on january 12, 1968, whereby he .....

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Jun 13 1988 (HC)

Commissioner of Income-tax Vs. Hindustan Motors Ltd.

Court : Kolkata

Decided on : Jun-13-1988

Reported in : (1989)77CTR(Cal)122,[1989]175ITR411(Cal)

..... due for the services rendered to their employer. even in government service, provisions have been made for payment of pension to the widows of government servants. the income-tax act, 1961, recognises this trend and has provided for superannuation funds for the benefit not only of the employees but also of their widows.'7. in our view ..... payment of pension to smt. ginni devi churiwal and to sri mahadeo maharaj by the assessee-company was an admissible business expenditure under section 37(1) of the income-tax act, 1961 ?'3. the facts relating to this question are stated hereafter :the assessee-company is a manufacturer and dealer in motor cars, trucks, flanges, steel ..... the assessee-company should not be taken into account for the purpose of section 40(c)(iii)/40(a)(v) of the income-tax act, 1961, for the assessment year 1971-72 ?'14. this question is also covered by the decision of this court in the case of ..... i, calcutta, several questions of law have been referred to this court under section 256(1) of the income-tax act, 1961, for the assessment years 1971-72, 1972-73 and 1973-74.2. for the aforesaid three years, the following common question of ..... who deleted the disallowances on the principle that the payments were made in order to create better relations with the employees.5. on further appeal by the income-tax officer, the appellate tribunal upheld the appellate assistant commissioner's decision with the following observations :'at the hearing of these appeals, it has been brought .....

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Jun 28 1988 (HC)

Clive Buildings (Calcutta) Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Jun-28-1988

Reported in : [1989]175ITR515(Cal)

..... in holding that the assessee was not entitled to thededuction of rs. 46,867 being the interest on debenture loans under section 24(1) of the income-tax act, 1961, in the computation of the asses-see's income from house property ? 2. whether, on the facts and in the circumstances of the case and on a correct interpretation of the first proviso to ..... section 23(1) of the income-tax act, 1961, the tribunal was correct in holding that the deduction on account of municipal tax was allowable only to the extent of rs. 1,20,909 as claimed by the assessee ?' 2. the facts relating to the first ..... , although the assessee claimed deduction in full as per the notice dated may 28, 1969, theauthorities under the income-tax act have to allow deduction under the proviso to section 23(1) only with reference to the municipal tax levied. the tribunal held as follows :'the tax due as per the revised annual value shown in the notice dated may 28, 1969, cannot be considered ..... , on the facts and in the circumstances of the case, the tribunal was right in holding that the full taxes levied by the corporation of rs. 1,78,784 should be deducted under section 23(1) of the income-tax act, 1961 ?'12. the high court answered the above question in the affirmative and in favour of the assessee. the matter was then taken .....

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Feb 19 1988 (HC)

Dr. Murari Mohan Mukherjee Vs. Kanai Lal De and ors.

Court : Kolkata

Decided on : Feb-19-1988

Reported in : [1988]171ITR482(Cal)

..... in the result, the summons issued by the chief metropolitan magistrate, calcutta, and the complaint case no. c/1323 of 1982 dated march 31, 1982, under section 277 of the income-tax act (annexure ' l ') to the writ petition are quashed accordingly by issue of an appropriate writ of certiorari.26. the rule is made absolute to the extent indicated above.27. there ..... unjustified and should be struck down by issue of appropriate writ in the nature of certiorari, firstly because the alleged prosecution has been launched purportedly under section 277 of the income-tax act against the writ petitioner for a collateral purpose and on extraneous reasons, as would be evident from the facts stated hereinabove.12. in the second place, he submitted that ..... . in these circumstances, the writ petitioner was served with the summons dated april 19, 1982, in the complaint case no. c/1323 of 1982, purportedly under section 277 of the income-tax act (state v. dr. morari mohan mnkherjee) to appear before the chief metropolitan magistrate, respondent no, 4, on june 8, 1982, which has been impugned in the instant writ petition ..... against him in the court of the additional chief judicial magistrate for taking action against him for offences punishable under section 276 (wilful attempt to evade tax) and section 277 (false statement in verification) of the income-tax act, 1961, and section 193 (punishment for false evidence) and section 196 (using evidence known to be false) of the indian penal code.21. the .....

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Feb 01 1988 (HC)

Murat Viniyog Ltd. Vs. Registrar of Assurances, Calcutta and ors.

Court : Kolkata

Decided on : Feb-01-1988

Reported in : AIR1989Cal65,92CWN746,[1989]176ITR89(Cal)

..... satisfactory provision for payment of all existing liabilities under this act, the excess profits tax act, 1940 (15 of 1940), the business profits tax act, 1947 (21 of 1947), the income-tax act, 1922 (11 of 1922), the wealth-tax act, 1957 (27 of 1957) the expenditure-tax act, 1957 (29 of 1957) the gift-tax act, 1958 (18 of 1958), the super profits tax act, 1963 (14 of 1963) and the companies (profits ..... the strength of such certificate. the registrar of assurances had no jurisdiction to go behind the 'no objection certificate' issued or the clearance given by the income-tax authorities under the provision of the income-tax act. in my view, in the facts and circumstances of the case, particularly the respondent 3 was not transferring any of his right, title and interest ..... whereby the respondents 4 and 5 agreed to sell the property either to the respondent 3 or to his nominee, was required to produce an income-tax clearance certificate under section 230a of the income-tax act before the registrar of assurance as a condition before the registration of the sale deed by which the owners of the property namely, the respondents ..... ) surtax act, 1964 (7 of 1964), or (b) the registration of the document .....

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Oct 11 1988 (HC)

Birla Cotton Spinning and Weaving Mills Ltd. Vs. Commissioner of Incom ...

Court : Kolkata

Decided on : Oct-11-1988

Reported in : [1993]204ITR605(Cal)

..... of time to file his estimate and such extension being granted the assessee can file his estimate within such extended time. mr. bhattacharyya submits that under the provisions of the income-tax act, 1961, the revenue authority may charge interest for non-filing of the estimate within the time as stipulated in the ..... of the petitioner under the provisions of the income-tax act, 1961 (hereinafter referred to as 'the act'), for the assessment year 1974-75, the relevant previous year being the year ended march 31, 1974.2. on february 5, 1974, the income-tax officer issued a notice under section 209 of the act requiring the petitioner to pay advance tax amounting to rs. 3,36,090 on the ..... the petitioner paid the said sum by cheque on april 30, 1974.3. the assessment of the petitioner was completed under section 143(3) of the act and the concerned income-tax officer allowed credit for the advance tax paid by the petitioner amounting to rs. 27,47,500 (i.e., rs. 3,36,090 + rs. 7,00,000 + rs. 17,11,410). by ..... order of the appellate assistant commissioner dated november 8, 1977. it was, inter alia, contended by the petitioner/appellant before the appellate authority that the income-tax officer erred in charging interest under section 215 of the act. the appellate assistant commissioner, by his said order, disposed of the appeal, inter alia, by holding that the order levying interest was not appealable and .....

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Dec 13 1988 (HC)

Khub Chand Kundanmal Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Dec-13-1988

Reported in : [1991]187ITR334(Cal)

..... said assessment year was filed on february 12, 1969. on the said return, it was marked 'duplicate'. a disclosure petition under section 271(4a) of the income-tax act, 1961 (hereinafter referred to as 'the said act'), was filed by each of the partners of the petitioner on june 2, 1965. the assessment for the said assessment year was completed on february 14, 1969 ..... the ground that the questions sought for were all questions of fact.7. thereafter, the petitioner filed the second miscellaneous application to the income-tax appellate tribunal for rectification of a mistake under section 254(2) of the said act, and the said application was rejected by the tribunal on may 31, 1975. the petitioner filed a reference application under section 256(1 ..... computed at rs. 80,731 which included the sum of rs. 40,000 being the income added by the income-tax officer under the head 'income from undisclosed sources' on the basis of peak credits as per disclosure made by the partners under section 271(4a) of the said act. the said assessment was confirmed by the appellate authority.3. in the meantime, the inspecting ..... ) to the income-tax appellate tribunal and the said application was also rejected on october 26, 1976. against the said order of the tribunal, the petitioner filed an application under section 256(2) of the said act in this court and the said application was rejected on july 11, 1977, confirming .....

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Oct 03 1988 (HC)

Commissioner of Income-tax Vs. Ramnagar Cane and Sugar Co. Ltd.

Court : Kolkata

Decided on : Oct-03-1988

Reported in : [1990]184ITR213(Cal)

..... : 'whether, on a proper construction of section 80j of the income-tax act, 1961, read with rule 19a of the income-tax rules, 1962, the tribunal was legally justified in holding that borrowed capital should be treated as part of ..... the facts and in the circumstances of the case and having regard to the scheme of the act, the tribunal was justified in law in sustaining the order of the income-tax officer and not allowing the claim of the assessee under section 35c of the income-tax act, 1961 ?' 4. at the time of hearing of this reference, no one has appeared on behalf of ..... this reference under section 256(1) of the income-tax act, 1961, two questions of law have been referred to this court for the assessment years 1972-73, 1974-75 and 1976-77, one at the instance of the assessee. the question which has been referred to this court at the instance of the commissioner of income-tax, west bengal iii, calcutta, is as follows .....

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