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Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Year: 1996 Page 1 of about 71 results (0.035 seconds)

Sep 03 1996 (HC)

Commissioner of Income-tax Vs. Jiajee Rao Cotton Mills Ltd.

Court : Kolkata

Decided on : Sep-03-1996

Reported in : [1997]227ITR860(Cal)

..... visheshwar nath khare, c.j.1. this reference under section 256(1) of the income-tax act is at the instance of the revenue. the tribunal has referred the following questions of law for the opinion of this court : ' 1. whether, on ..... decided by this court on august 3, 1993. in this case, this court has followed the earlier decisions of this court in the case of income-tax reference no. 19 of 1991, and income-tax reference no. 126 of 1991 decided by this court on february 19, 1992. we have perused the judgment and we are in respectful agreement with ..... the matter we do not find any merit in the argument of learned counsel for the revenue in view of the categorical finding of fact recorded by the income-tax officer that the raw materials purchased by the assessee against the declaration form were used for non-manufacturing purposes. if the raw material which was purchased against ..... 2 are overlapping, we take up and answer these two questions together. on a perusal of the order of the tribunal as well as the commissioner of income-tax it shows that the claim of the assessee for deduction was upheld on the ground that this matter is covered by a decision of the supreme court in ..... the view taken by the assessing officer was set aside and the claim of deduction by the assessee was upheld. the revenue took the matter to the income-tax tribunal in appeal but the tribunal rejected the appeal. the revenue thereafter got the matter referred to this court for opinion and that is how the matter has .....

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Sep 17 1996 (HC)

indo Asahi Glass Company and anr. Vs. Income-tax Officer and ors.

Court : Kolkata

Decided on : Sep-17-1996

Reported in : [1996]222ITR534(Cal)

..... -cause notice and that it is up to the appellants to explain before him that they are not liable for any action either under the income-tax act or under any other law. even though dr. pal repeatedly argued before us that the facts alleged in the show-cause notice may be assumed ..... cause notice by the writ petitioner.'5. feeling aggrieved, the appellants have come up in appeal before us.6. the various provisions of the income-tax act were referred to and relied upon by learned counsel for the parties before us during the course of hearing, including sections 9, 129, 194, 201 ..... as to why the demand under sections 201 and 201(1a) of the income-tax act may not be raised against them. they were accordingly requested to appear before the respondents ..... not be held liable for not having deducted income-tax at source in respect of these monies received by the foreign nationals as salaries in yen in japan while they were in service in india. in terms of section 201(1a) of the income-tax act, the appellants were also asked to show cause ..... nationals employed and engaged by the appellants and accordingly, respondent no. 1 started proceedings against the appellants with regard to their alleged liability of deducting income-tax at source arising out of these salaries allegedly received by the abovementioned foreign nationals in yen in japan, while they were in the service of .....

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Jun 20 1996 (HC)

Commissioner of Income-tax Vs. Graphite India Ltd.

Court : Kolkata

Decided on : Jun-20-1996

Reported in : (1997)137CTR(Cal)123,[1996]221ITR420(Cal)

..... and rs. 10,000 as well as rs. 91,568 were allowable notwithstanding the provisions of section 80vv of the income-tax act, 1961 ? 3. whether, on the facts and in the circumstances of the case, the tribunal was justified in deleting the addition of rs. 1 lakh ? ..... was entitled to weighted deduction on export sales commission paid to great lakes carbon corporation ltd., u. s. a., under section 35b(1)(b)(viii) of the income-tax act, 1961 ? 2. whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the amounts of rs. 34,926 ..... 1. by this reference at the instance of the revenue, the following questions have been referred by the tribunal to this court under section 256(2) of the income-tax act, 1961, for the assessment years 1981-82 and 1982-83 : ' 1. whether, on the facts and in the circumstances of the case, the tribunal was ..... [1996]217itr846(cal) , it was held that before any allowance is made under sub-clause (iv) of clause (b) of section 35b(1) of the income-tax act, 1961, it is necessary to find out as to whether the maintenance of the agency outside india is for the promotion of sale outside india of the goods ..... trade falls under sub-clause (iv) of clause (b) of section 35b(1) of the income-tax act, 1961, and, as such, the commission is entitled to weighted deduction under section 35b(1)(b)(iv) of the act.8. in the case of cit v. usha telehoist ltd. : [1995]212itr177(cal) , it was held by this court .....

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Feb 01 1996 (HC)

Commissioner of Income-tax Vs. Ballabh Prasad Agarwalla

Court : Kolkata

Decided on : Feb-01-1996

Reported in : [1998]233ITR354(Cal)

..... 154 of the income-tax act also provides power for rectification of mistake apparent from the record.18. in the ease of kil kotagiri tea and coffee estates co. ltd. v. itat : [1988]174itr579(ker) , the ..... of law the doctrine of precedent was enacted to declare the law binding on all courts in the country excluding the supreme court itself.16. section 254(2) of the income-tax act expressly confers power upon the tribunal to correct any mistake apparent from the record and power to amend any order passed under sub-section (1) of section 254.17. section ..... disallowed the payment of rs. 9,87,295 by invoking the provisions of section 40a(3) of the income-tax act, 1961.3. the assessee, being aggrieved by the order of assessment, took the matter in appeal before the commissioner of income-tax (appeals), and the commissioner of income-tax had deleted the entire addition of rs. 9,87,295 made under section 40a(3) of the ..... , j. 1. this is an application under section 256(2) of the income-tax act, 1961, for referring the following questions of law in respect of the assessment year 1986-87, corresponding to the accounting year 1985-86 : '1. whether, on the facts' and in the circumstances of the case, the income-tax appellate tribunal was justified in recalling the order of the tribunal for .....

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Oct 11 1996 (HC)

Chotanagpur Industrial Gases (P.) Ltd. and ors. Vs. Commissioner of In ...

Court : Kolkata

Decided on : Oct-11-1996

Reported in : [1998]233ITR377(Cal)

..... make an effective representation against the same.16. this writ application, therefore, succeeds. the impugned order passed by respondent no. 1, dated september 25, 1996, under section 127 of the income-tax act is set aside.17. the respondents, however, will be at liberty to proceed against each of the petitioners afresh but only after indicating the grounds or reasons for transfer in ..... and the parties to the proceedings do not object to such proposal.3. the main challenge of the writ petitioner to the aforesaid order passed under section 127 of the income-tax act, 1961, is that such transfer has been made denying reasonable opportunity of hearing to the petitioner. it is not disputed by the parties that each of the petitioners in each ..... and fact being involved.2. in each of the writ applications, the petitioner has challenged an order passed by respondent no. 1, commissioner of income-tax, central-ii, calcutta, under section 127(1)/127(2) of the income-tax act, transferring all the cases of the petitioner from the present assessing officer in calcutta to the assessing officer at patna. since the point which has ..... to an assessee a reasonable opportunity of representing his views when any order to the prejudice of the normal procedure laid down in the act is sought to be made against him, be it a transfer from one income-tax officer to another within the state or without. it is after the aforesaid observation of the supreme court in the aforesaid case of .....

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Aug 27 1996 (HC)

Nav Bharat Vanijya Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Aug-27-1996

Reported in : [1997]226ITR537(Cal)

..... since the assessment of the shareholders involves cumbersome and time consuming complicated procedure, such assessment of the shareholders has to be done in accordance with the scheme enshrined in the income-tax act and the rules framed thereunder. in fact, the argument is that even if the assessment of the company which issued the dividend is completed, the assessing officer has to assess ..... 1992, the assessment year involved is the assessment year 1980-81. for the said assessment year, the assessee claims rs. 3,87,464 as deduction under section 80k of the income-tax act being 100 per cent. of the dividend received from straw products ltd. the claim has been made by the assessee on the basis of the provisional certificate granted by the ..... nath khare, c.j.1. these two references under section 256(1) of the income-tax act, 1961, one at the instance of nav bharat vanijya limited, the assessee, being income-tax reference no. 187 of 1992, and the other at the instance of the commissioner of income-tax, central-1, calcutta, being income-tax reference no. 44 of 1993, raise a common question of law and as such ..... referred the following question to this court for answer :' whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in holding that the assessee was entitled to relief under section 80k of the income-tax act, 1961 ?'9. we have heard counsel for the parties. the contention advanced on behalf of the revenue is that technically it .....

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Jun 20 1996 (HC)

Ranjit Kumar Banerjee Vs. Appropriate Authority of Income-tax Departme ...

Court : Kolkata

Decided on : Jun-20-1996

Reported in : [1997]223ITR664(Cal)

..... the petitioners have satisfactorily explained the sole point raised in the notice, the question of acquisition of the property under chapter xx-c of the income-tax act did not arise. the impugned order of acquisition passed on the basis of new grounds, without a fresh show-cause notice, was certainly arbitrary and ..... be allowed for the following reasons : (1) the revenue has deliberately ignored the mandatory provisions of section 269ua(b)(2)(iii) of the income-tax act and instead of assessing the cost of the building on the basis of the market value, based it on the cost of construction minus 10 per ..... cent. because the construction would be carried out by the owners themselves. this is strange indeed, under section 269ua(b)(2)(iii) of the income-tax act, which applies to this case, clearly speaks of the aggregate of the price that such thing or things would ordinarily fetch on sale in ..... had arrived at a tentative conclusion. the objection went unheeded and respondent no. 1 thereafter passed the impugned order under section 269ud(1) of the income-tax act. the order was communicated to the petitioner, vide letter dated january 4, 1994. the same was received by the petitioner on january 6, 1994. ..... no. 6. all other details of the agreement are enumerated in annexure 'a' to the petition.6. the petitioner applied under section 269uc of the income-tax act for obtaining a no objection certificate in form no. 37-1 on september 10, 1993. respondent no. 6 also joined him in the said application .....

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Sep 17 1996 (HC)

Brooke Bond Lipton India Ltd. Vs. Commissioner of Income-tax and ors.

Court : Kolkata

Decided on : Sep-17-1996

Reported in : [1996]222ITR540(Cal)

..... market. the method of accounting of the said company was mercantile and the accounting period of this was the financial year. this company was a regular income-tax assesses under the income-tax act, 1961, and was being assessed by the income-tax department, sector-10, calcutta, for all the relevant assessment years including the assessment year 1993-94. it is claimed that in computing the taxable ..... submitted by the appellant to respondent no. 1 in which the liability was denied and it was pleaded that the conditions for assumption of jurisdiction under section 263 of the income-tax act have not been satisfied and that the notice in question and all proceedings thereunder being wholly illegal, invalid and inoperative, as also without jurisdiction and authority of law, be ..... were also made by the assessing officers. for instance, in the accounting period relevant for the assessment year 1993-94, the company made deposits under section 33ab(1) of the income-tax act and as such claimed deductions under the relevant section. this claim was, however, disallowed by the assessing officer.4. it is claimed that with effect from january 1, 1993, ..... his level. as in the case of indo asahi glass co. : [1996]222itr534(cal) in the present case also the jurisdiction of the commissioner of income-tax to invoke his power under section 263 of the income-tax act has not been disputed by the appellant. only the liability has been disputed. in fact the case of the appellant in the present appeal is on .....

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Mar 13 1996 (HC)

Gajendra Kumar Banthia Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Mar-13-1996

Reported in : [1996]222ITR632(Cal)

..... referred to as 'the detenu'), who is said to have been detained in civil prison by respondent no. 2 in purported exercise of his jurisdiction under section 222 of the income-tax act, 1961, read with the relevant rules contained in the second schedule appended thereto.2. the detenu has been carrying on the business of jute and distributorship in cinematographic films. allegedly ..... uniform procedure.36. in collector of malabar v. erimmal ebrahim hajee : 1957crilj1030 , the supreme court followed purshottam govindji's case : 1956crilj129 and held that section 46(2) of the indian income-tax act is a valid piece of legislation. it was further held that an arrest for a civil debt in the process of or in the mode prescribed by law for recovery ..... alia, observed that an enquiry may be conducted and completed on the same day. their lordships further held (at page 464) : 'the order under schedule ii, rule 76, of the income-tax act was passed on march, 16, 1985. the petitioner was released even earlier on february 28, 1985. he undertook to appear after 15 days. the order passed under schedule ii, rule ..... , the procedures laid down under the second schedule should be followed. any deviation or departure therefrom would vitiate the order of detention.48. in terms of section 282 of the income-tax act a notice has to be served in the manner as is laid down in the code of civil procedure which provides that service of summons shall be made by delivering .....

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Mar 12 1996 (HC)

Smt. Bishaka Sarkar Vs. Union of India (Uoi) and anr.

Court : Kolkata

Decided on : Mar-12-1996

Reported in : (1996)134CTR(Cal)558,[1996]219ITR327(Cal)

..... . the said congregation of four persons may come within the pale of the ambit of 'other cases' as contemplated in terms of clause (b) of section 194-i of the income-tax act. then, in that view of the matter, the person who is a tenant in occupation being a bank, which is a government of india undertaking, is neither an individual nor ..... according to the english calendar month. on total computation of the monthly rent, the actual amount is within the ceiling for which the provisions of section 194-i of the income-tax act are required to be attracted. as delineated above, the tenancy stood in the name of four persons which can be ascribed in law as a tenancy-in-common. the term ..... of india undertaking, for its deduction of the rent payable to the landlord at the rate of 20 per cent. as per the provisions of section 194-i of the income-tax act, 1961, as amended for the month of june, 1994. the admitted position is that the tenancy stood in the name of bank of india on the date under four sets ..... that the bank authorities are right in taking up their stand by invoking the provisions of section 194-i of the income-tax act by deducting 20 per cent. at source from the rent due and payable to be remitted to the income-tax authorities. 2. in view of the discussions made hereinbefore and the reasons as delineated above, this court feels that there can .....

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