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Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Year: 1991 Page 1 of about 187 results (0.036 seconds)

Sep 10 1991 (HC)

Appeejay Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Sep-10-1991

Reported in : 1994(46)ECC180,[1994]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. : [1980]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 .....

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Jan 14 1991 (HC)

Commissioner of Income-tax Vs. Benaras Electric Light and Power Co. Lt ...

Court : Kolkata

Decided on : Jan-14-1991

Reported in : [1993]204ITR804(Cal)

..... ajit k. sengupta, j. 1. in this reference under section 256(1) of the income-tax act, 1961, for the assessment year 1980-81, the following question has been referred to this court :'whether, on the facts and in the ..... the name of the company struck off from the register, the company has to maintain a skeleton staff for performing its statutory duties and obligations. the income-tax officer has, therefore, allowed only a part of the salary and wages and the rent of the premises where the office of the company in liquidation is ..... aforesaid have to be allowed in full in the circumstances of the case, and for the reasons detailed in its order and directed the commissioner of income-tax (appeals) to compute the deduction of these items of expenses referred to above.5. before us, the contentions raised before the tribunal have been reiterated. ..... it appears that the income-tax officer allowed part of the expenses on account of salary and wages and rent. in our view, even if the company had gone into liquidation, ..... march 31, 1980. the assessee-company was under voluntary liquidation since the government took over the business of the assessee. the assessee had income only from interest during the year in question. the income-tax officer, while assessing the company, disallowed a portion of the assessee's expenditure out of salary and wages (rs. 50,785) .....

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Aug 09 1991 (HC)

Commissioner of Income-tax Vs. Park Hotel Pvt. Ltd.

Court : Kolkata

Decided on : Aug-09-1991

Reported in : [1993]200ITR122(Cal)

..... ajit sengupta, j.1. in this reference under section 256(2) of the income-tax act, 1961, for the assessment year 1980-81, the following two questions of law have been referred to this court :'1. whether, on the facts and in the circumstances ..... the order of the commissioner of income-tax (appeals) had been assailed by the department by raising ground ..... no. 5. we have heard learned authorised representatives for the parties. the order of the commissioner of income-tax (appeals) on the point is being challenged on the ground that no such ground was raised either before the income-tax officer or the inspecting assistant commissioner. the inspecting assistant commissioner, in his direction under section 144b(4) for the ..... was not taken before the income-tax officer or the inspecting assistant commissioner.'4. the aforesaid ground was disposed of by the tribunal with the following observations :'the income-tax officer assessed the income from electricity charges under the head 'other sources'. on appeal, the commissioner of income-tax (appeals) directed the income-tax officer to treat the electricity charges received as income from business. this part of .....

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Jan 31 1991 (HC)

Unique Manufacturing and Marketing Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Jan-31-1991

Reported in : [1992]196ITR231(Cal)

..... ajit k. sengupta, j. 1. in this reference under section 256(2) of the income-tax act, 1961, for the assessment year 1981-82, the following question of law has been referred to this court :'whether, on the facts and in the ..... of smt. protima roy [1980] 138 itr 536 is not applicable to the facts of this case. as a result, the tribunal restored the order of the income-tax officer.7. we have heard learned counsel appearing for the parties and we have gone through the facts and circumstances of the case.8. in our view, ..... remaining in stock has been taken at 'nil' and such zero cost was lower than the prevailing market price. he urged that the order of the commissioner of income-tax (appeals) deserved to be upheld.6. after considering the contentions of both the parties, the tribunal held that the cost of the shares has to be determined ..... shown by the assessee on the aforesaid sale of the original 19,900 shares. he made the assessment accordingly.3. being aggrieved, the assessee appealed to the commissioner of income-tax (appeals) and contended that the calculation made by it should have been accepted. reliance was placed on the decision in the case of smt. protima roy : [1982] ..... those shares amounted only to rs. 6,97,120, the assessee claimed the difference of rs. 1,35,110 as loss from its business in share dealing. the income-tax officer did notaccept the above computation of loss made by the assessee. relying on the decisions of the supreme court in the cases of dalmia investment co. ltd. .....

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Mar 18 1991 (HC)

Endogram Tea Co. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Mar-18-1991

Reported in : [1993]203ITR511(Cal)

..... respect of the said litigation was a capital expenditure and not revenue expenditure.6. the assessee thereafter made an application under section 256(1) of the income-tax act, 1961, whereupon the aforesaid questions were referred to this court.7. it has been submitted on behalf of the assessee that the amount of rs ..... shyamal kumar sen, j.1. in this application under section 256(1) of the income-tax act, 1961, the following questions have been referred to this court for determination :'(1) whether, on the facts and in the circumstances ..... for the said tea estate had not been executed in favour of the assessee and disputes between the parties were pending adjudication in court. the income-tax officer held that the legal expenses incurred in connection with the acquisition of any investment were capital expenditure. he also held that an amount of ..... that it was not paid for any legitimate business needs of the assessee-company. on appeal, the appellate assistant commissioner affirmed the order of the income-tax officer. on further appeal, the tribunal held that the assessee was and continued to be the tenant of the premises and the tenancy rights which ..... expenditure incurred wholly and exclusively for the purpose of his business and, therefore, allowable as a deduction for the purpose of computing the profits for income-tax purposes. there is a distinction between expenditure incurred for the acquisition of a capital asset as well as expenditure incurred for the substantial expansion or .....

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Jul 22 1991 (HC)

Commissioner of Income-tax Vs. Karam Chand Thapar and Bros. (Coal Sale ...

Court : Kolkata

Decided on : Jul-22-1991

Reported in : [1993]202ITR736(Cal)

..... this reference under section 256(2) of the income-tax act, 1961, for the assessment years 1975-76 and 1979-80, the following common question of law has been referred to this court :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in law in holding that ..... during the years under reference.3. against the addition of rs. 2,55,959, the assessee filed an appeal before the commissioner of income-tax (appeals ). the commissioner of income-tax (appeals ), following the decision of the hon'ble high court at calcutta in the case of the assessee in karamchand thapar and bros ..... own decision in respect of the said assessment years1953-54 and 1954-55, upheld the assessment. there was a further appeal by the assessee before the income-tax appellate tribunal. the tribunal found that in i. t. a. no. 11669 of 1959-60, relating to the assessment year1954-55, the tribunal ..... from the collieries. the same was passed on by the assessee to the customers who made claims in this behalf from the assessee. the income-tax officer found that such undercharges were not credited to the account of the individual customers and held that the same represented the trading receipts of ..... court in cit v. karam chand thapar and bros. (coal sales) ltd. : [1979]117itr621(cal) , on the oral application of counsel for the revenue, we certify that this is a fit case for appeal to the supreme court. let the certificate in terms of section 261 of the income-tax act, 1961, .....

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Dec 10 1991 (HC)

Commissioner of Income-tax Vs. National Insulated Cable Co.

Court : Kolkata

Decided on : Dec-10-1991

Reported in : [1993]200ITR266(Cal)

..... ajit k. sengupta, j. 1. in this reference under section 256(2) of the income-tax act, 1961, for the assessment years 1977-78, 1979-80 and 1980-81, the following question of law has been referred to this ..... the assessee for all the three assessment years.3. the assessee, being aggrieved by the order of the income-tax officer, agitated the dispute before the commissioner of income-tax (appeals). the commissioner of income-tax (appeals), after hearing the contentions of the assessee, held that the assessee-company was entitled to deduction of rs. 1 ..... as per the order of the high court, the central excise authority was then restrained from levying any such duty pending disposal of the rule. the income-tax officer, therefore, held that no liability in respect of central excise duty accrued or arose in the previous year. hence, he disallowed the claim of ..... of cit v. century enka ltd. : [1981]130itr267(cal) , held that the commissioner of income-tax (appeals) was perfectly justified in allowing the excise duty liabilities for the assessment years in question. the tribunal confirmed ..... relevant accounting periods.4. the department then preferred a second appeal before the tribunal against the decision of the commissioner of income-tax (appeals). the tribunal, after considering the facts and circumstances of the case and following the decision of the calcutta high court in the case .....

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Jul 18 1991 (HC)

Commissioner of Income-tax Vs. Govind Sugar Mills Ltd.

Court : Kolkata

Decided on : Jul-18-1991

Reported in : [1993]199ITR775(Cal)

..... j. 1. in this reference under section 256(2) of the income-tax act, 1961, for the assessment year 1978-79, the following question of law has been referred to this court :' whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in holding that excise duty demand of rs. ..... merits of the contention, we hold that inasmuch as the disputed demand did not survive in view of the ultimate finding of the excise tribunal, the income-tax appellate tribunal was not justified in holding that the excise duty demanded in a sum of rs. 2,71,400 was allowable expenditure during the year ..... paid.3. the commissioner of income-tax (appeals), on appeal, by placing reliance on an earlier order the tribunal, allowed the assessee's claim.4. on further appeal, the tribunal maintained the ..... had not yet been quantified. the income-tax officer, therefore, did not allow the assessee's claim. he also held that it would be allowed in the year in which it was settled and ..... the assessee filed a copy of the petition of appeal filed before the appellate collector of central excise, calcutta, disputing the levy of demand. the income-tax officer was of the view that the assessee had not accepted the demand and it had not made any entry in the accounts. hence, the demand .....

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Jun 12 1991 (HC)

Sikri and Co. Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Jun-12-1991

Reported in : [1992]198ITR671(Cal)

..... court was copcealed by the assessee in view of the explanation to section 271(1)(c) of the income-tax act, 1961, is perverse?' 2. the facts leading to this reference are that the assessee filed a return of income of july 16, 1964, showing net loss of rs. 9,817. the assessee, a private limited company ..... ajit k. sengupta, j.1. in this reference under section 256(2) of the income-tax act, 1961, for the assessment year 1963-64, the following two questions have been raised at the instance of the assessee :' 1. whether, on ..... opportunity to cross-examine these parties. furthermore, there is some force in the assessee's contention that the bank statements had not been called for by the income-tax officer. in these circumstances, it cannot be said that it has been proved that there was any concealment by the assessee.'17. this court in hiralal shankarlal ..... on the part of the assessee. counsel for the revenue contended that there was evidence in view of confessions made by some alleged creditors in their own income-tax proceedings. but, as we have mentioned before, these confessions had been made in the proceedings where the assessee was not a party and where the assessee ..... the penalty order of the inspecting assistant commissioner, the assessee preferred two appeals. by an order dated april 10, 1972, this tribunal held that 'the income-tax officer was justified in taxing the entire amount of rs. 2,62,000 and in also disallowing the interest of rs. 40,404 '. but, by the same order, the tribunal .....

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Jun 24 1991 (HC)

Commissioner of Income-tax Vs. Kesoram Industries and Cotton Mills Ltd ...

Court : Kolkata

Decided on : Jun-24-1991

Reported in : [1992]196ITR569(Cal)

..... ajit k. sengupta, j. 1. in this reference under section 256(2) of the income-tax act, 1961, the following question of law for the assessment year 1980-81 has been referred to this court : 'whether, on the facts and in the circumstances of ..... by the assessee. hence, we are unable to decide the matter in respect of these two amounts. in the circumstances, we restore this matter to the file of the income-tax officer. if he finds that the notices dated march 14, 1979, demanding these two amounts were served on the assessee during april 1, 1979, to march 31, 1980 ..... . 6,376. however, in respect of the amount of rs. 1,05,513 and rs. 78,750, the tribunal restored the matter to the file of the income-tax officer with its direction by observing as under :'we have considered the rival submissions. the lower authorities are not justified in terming the notices as mere show-cause notices. ..... the facts, briefly stated, are as follows :the assessee claimed an amount of rs. 2,10,421 on account of demand notices received during the year. but the income-tax officer found that the assessee's claim in respect of rs. 2,04,421 is based on mere 'show-cause notices' and that they did not create an enforceable ..... legal liability during the previous year. as far as the amount of rs. 6,000 was concerned, the income-tax officer had disallowed the same on the ground that it represented penalty imposed on the assessee for infraction of law.3. on appeal, the commissioner of .....

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