Court : Kolkata
Decided on : Mar-27-2000
Reported in : (2001)165CTR(Cal)451,245ITR724(Cal)
..... the tribunal.4. coming to questions nos. 5 and 6, with regard to the disallowance of rs. 15,40,264, the assessing officer and the commissioner of income-tax (appeals) have disallowed this deduction on the ground that no material was placed before them by the assessee to establish that the amounts were irrecoverable. the tribunal, ..... and 2 are concerned, after hearing the detailed arguments of the learned advocates for the parties we find that the findings of the assessing officer, the commissioner of income-tax (appeals) and the tribunal that the fixation of notional value of re. 1 on the property in question subsequent to the passing of the decree by the ..... section (2) of section 36 of the act clearly suggests that deduction as a bad debt being allowable only to a money-lender in the ordinary course of the business of banking or money-lending is not ..... accounts were finalised and such determination or approval must be treated as being effective from that date.'6. even a plain reading of section 36(1)(vii) of the act, read with sub-section (2)(i) thereof, clearly suggests that the aforesaid view taken by the tribunal was incorrect. further reading of clause (i) of sub- ..... allowable. question no. 6 is answered in the affirmative.8. there will be no order as to costs.9. all parties concerned are to act on a xeroxed signed copy of this dictated order on the usual undertakings. .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-12-2000
Reported in : 246ITR11(Cal)
..... calculation of utilised far. however, by the process of correspondence more time has elapsed within the prescribed three months period. in fact, the superintending engineer of the office of the income-tax authority hastaken initiative as per the annexure from january 18, 2000, and even thereafter certain clarifications were sought for on february 8/11, 2000. but even after several correspondence nothing ..... in view of the applicability of the deeming provision after the expiry of 90 days from the date of submission of the form being form no. 37-i under the income-tax rules, 1962. in this context, mr. singhvi, learned counsel appearing for the petitioners, cited a judgment reported in dlf universal ltd, v. appropriate authority : 243itr730(sc) , whereof it is ..... amitava lala, j.1. in this writ petition, the petitioners have challenged the order of rejection in respect of issuance of 'no objection certificate' passed by the assistant commissioner of income-tax (osg) being the appropriate authority under letter no. aa/cal/1930/jan. 2000/184-185 2000/184-185 dated may 19, 2000. according to the petitioners, the rejection cannot be ..... department within seven days from the date ofputting in requisition for drawing up and completion of the order as well as the certified copy thereof.10. all parties are to act on a signed copy minutes of the operative portion of this judgment and the order upon usual undertaking and as per the satisfaction of the officer of this court as .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-20-2000
Reported in : (2000)3CALLT364(HC),[2001(88)FLR844],(2001)ILLJ628Cal
..... dhanwatey, reported in : 68itr385(sc) as also a division bench decision of allahabad high court in m/s. laxman das v. commissioner of income tax, reported in 1982 tax lr 2070.8. we. in view of the aforementioned settled principles of law, agree with the contention of mr. sanyal that for the purpose of ..... there has been a violation of the principle of natural justice or where the order or proceedings are wholly without jurisdiction or the vires of an act challenged. these is a plethora of case-law on this point but to cut down this circle of forensic whirlpool, we would rely on sole ..... be agreed upon. this principle proceeds on the basis that in terms of the deed of partnership as also under the provisions of the indian partnership act, each partner has a duty to attend to the partnership business. this aspect of the matter albeit in a different context has been considered by ..... become directors and are being paid their salaries, they would come within the purview of the definition 'employee' as contained in section 2(9) of the said act. in support of the said contention, reliance has been placed on employees' state insurance corporation v. apex engineering put ltd., reported in 1998 (i) llj ..... also been getting salary, the number of employees having exceeded 20, they were liable to pay provident fund in terms of the provisions of the said act. the writ application was filed questioning the said order dated 184.108.40.206. the learned trial judge, inter alia, noticed that 5 partners had .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-26-2000
Reported in : 244ITR646(Cal)
..... death of the deceased person which burden arises instantaneously with the death of the deceased by virtue of its exigibility to pay tax under section 5 of the act. it is no doubt a statutory liability but the mere fact that the liability is created by the statute will not make ..... been defined by mozley and whitely in law dictionary, sixth edition, at page 173, as meaning--'a charge or mortgage upon real or personal estate'. the act itself defines the expression 'incumbrance' as 'including mortgages and terminable charges', as per section 2(10). in wharton's law lexicon, 'incumbrance' has been defined ..... . faced with this difficulty, counsel for the assessee argued that section 44 must be interpreted independently of the provisions contained in section 74 of the act and that, as provided therein, in determining the value of the estate for the purpose of estate duty, allowance shall be made for debts and ..... estate duty payable on the estate passing on the death of the deceased would not fall within the permissibledeductions within the meaning of section 44 of the act. as observed earlier, this is the view which has prevailed with the karnataka high court in smt. v. pmmila's case : 99itr221( ..... on his death regardless in whom the property may vest only after the debts and incumbrances allowable under part vi (which includes section 44} of the act. two aspects require to be emphasised : (i) that the charge arises only in respect of the immovable property (and not of movable property), .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-13-2000
Reported in : 244ITR244(Cal)
..... assessee. again, the cash book, ledger, gold jewellery register and also seized excise books were examined. the income-tax officer has also examined the regular books of account, showing the transaction in gold and jewellery and noticed the inspector's report on perusal of the book no. 1, book ..... seized material some additions were made in the hands of the assessee, for the assessment years 1974-75 and 1975-76 on an application under section 264, the commissioner of income-tax has directed the assessing officer to re-examine the seized material. the notice under section 143(2) was served on the assessee, nikunja behari das, the legal representative of the ..... by nikunja behari das belonged to his father, only on the ground that the licence was in the name of his father.5. for the purpose of income-tax, the income belonged to a person who earns it and not to the person in whose name the business is carried on. when there is a finding that during the relevant period ..... . accordingly, we answer both the questions in the affirmative, i.e., infavour of the assessee and against the revenue. the application is accordingly disposed of. 10. all parties are to act on the operative portion of this judgment on theusual undertaking. .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-07-2000
Reported in : 247ITR495(Cal)
..... exceed the written down value, so much of the excess as does not exceed the difference between the actual cost and the written down value shall be chargeable to income-tax as income of the business or profession of the previous year in which the moneys payable for the building, machinery, plant or furniture became due.'9. on almost exactly similar ..... but even after such expenditure it had the balance of the sum of rs. 16,63,000 and odd in its hands. the point was whether it could be taxed as a revenue receipt under section 41(2), as it stood at the material time.8. the said sub-section without the provisos is quoted below :'(2) where ..... authority of mania silk mills p. ltd. v. cit : 191itr647(sc) , it is a settled position that this amount cannot be treated as a capital receipt in the hands of the assessee as there was no ..... by the assessee (the aggregate received being rs. 74,28,849) which was in excess of the cost of fully damaged machinery.4. this sum was offered to tax under section 45 by the assessee but the assessee retracted its offer before the tribunal.5. the tribunal accepted the assessee's contention in that regard.6. on the ..... .13. the further questions framed on behalf of the department be kept on record countersigned by the court officer.14. all parties and all others concerned to act on a signed xerox copy of this order on the usual undertakings. .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-03-2000
Reported in : AIR2001Cal1
..... and/or their representatives to be present, and to make themselves aware of orders passed. this principle has been clearly enunciated in a decision of the privy council, commissioner of income-tax v. badridas ram rai shop . in other words, the petitioner had no legal right to be served with notices intimating to him about the several adjournments, and even assuming that ..... , that cannot be the subject of a high prerogative writ.' 12. in wazir brothers' case : air1970cal415 cited supra, which arose under the west bengal sales tax act and related to an assessment made by the commercial tax officer after a date for hearing had been fixed and on which date the petitioner in that case filed an application praying for another adjournment on ..... judicial or quasi-judicial proceeding are bound to send notices of adjournment. the said case related to a revision filed against an order of assessment under the bengal finance (sales tax) act, 1941. the revision filed by the petitioner in that case was disposed of by the authority after an adjournment was asked for and communication of adjournment was sent to the ..... time frame stipulated by the court. ms. gangopadhyay also relied upon the judgments in nagendra nath shah v. state of west bengal, reported in : air1957cal463 and wazir brothers v. commercial tax officer, burdwan reported in : air1970cal415 . 7. the short point for consideration is whether the impugned order is one passed in violation of principles of natural justice and on that ground .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-10-2000
Reported in : (2000)2CALLT570(HC),[2001(88)FLR187]
..... in the above case seems to be irrelevant for our purpose.10. similarly, the case reported in 1982 tax law reporter page 2070 in the case of lakshman das varanasi v. commissioner of income tax.11. mr. sanyal placed reliance on the judgment reported in : (1985)illj69sc in the case of regional ..... should be questioned by filing an appeal before the appeal authority. it is true that ordinarily the observation made under section 7a of the act should be assailed before the appellate authority but when the question of arbitrariness or whimsical attitude of the authority has been pressed into service such ..... matter was, however, enquired into under section 7(a) and the respondents were of the view that since the petitioners' establishment covered under the act, therefore, they cannot disown their liability to make contribution towards the provident fund. they demanded rs. 2,32,196/- (rupees two lakhs thirty two ..... establishment engaged sixteen employees and five directors were shown to be also the employees of the company. the provisions of the e.s.i. act was attracted since 1986. the enforcement officer of the respondent no.1 in his letter dated 30th december, 1994 had communicated to the petitioners ..... petition and be further declared that the petitioner no. 1 is not covered under the provisions of the employees' provident fund and miscellaneous provisions act 1952 and schemes framed thereunder.2. the essential facts led to filing of the writ petition is as follows :the petitioners had started .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-17-2000
Reported in : (2000)2CALLT254(HC),2000(1)CHN688
..... contention mr. roychowdhury relied upon the following decisions :--(1) mallesappa b. desai and anr. v. desai mallappa and another reported in : 3scr779 , (2) sm. pushpa debi v. commissioner of income tax reported in : 109itr730(sc) (3) jatindra mohan roy v. ramesh chandra roy reported in 40 indian cases 504 (cal), (4) solaiman musaji asmal v. jattndra nath mondal; ilr 57 ..... that has been laid down by the supreme court is that a female member of a joint family cannot blend her separate property with the joint family property and hence income from that property was not assessable in the hands of hindu undivided family. the said decision therefore cannot have any application to the fact of the present case.24. jatindra ..... separate property to convert his property into an item of joint family property. a mere intention to benefit the members of the family by allowing them the use of the income coming from the said property may not necessarily be enough to justify an inference of blending.22. in the case before us, the plaintiff has not even pleaded the doctrine ..... co-owner makes any construction with the above motive, the other co-sharer is entitled to get an order of injunction restraining such a wrong doer from doing such wrongful act. but if a co-owner bona fide makes construction over a portion of the property which is within his share and the other co-sharer expressly or impliedly consents to .....Tag this Judgment!
Court : Kolkata
Decided on : May-18-2000
Reported in : (2001)2CALLT9(HC)
..... this connection has been placed on krishna das nandy v. bidhan chandra roy, reported in 63 cwn 29, y.l. agarwala and ors. v. commissioner of income-tax central calcutta, reported in air 1978 sc 1413 and sashi sekhar bhowmick v. smt. susama base and ors., reported in : air1988cal426 .9. mr. chakraborty ..... at the following findings;'in the decision cited on behalf of the plaintiff, this court has dealt with the provisions or the west bengal premises tenancy act, and had attached a connotation of the words 'his own' appearing in section 13(ff) of the code of civil procedure (sic) favourably ..... it was further held :'.........in the decision cited on behalf of the plaintiff, this court has dealt with the provisions or the west bengal premises tenancy act, and had attached a connotation of the words 'his own' appearing in section 13(ff) of the code of civil procedure, (sic) favourably for ..... statement filed by the defendant/appellant herein, it was stated, that they are entitled to the protection under the provision of west bengal premises tenancy act, 1956 and therefore, the suit was not maintainable. it was specifically denied that the premises is reasonably required as alleged.5. the learned trial ..... 1990. the plaintiff became entitled to khas possession, as the lease being for more than 20 years, the provision of west bengal premises tenancy act, 1956 had no application in relation thereto. the suit premises it was also averred in the plaint, was reasonably required by the plaintiff for her .....Tag this Judgment!