Court : Kolkata
Decided on : Nov-20-2008
Reported in : (2009)226CTR(Cal)508,313ITR336(Cal)
..... filed in court today be kept with the record.2. in the writ petition, the petitioner has challenged the order under section 127 of the income-tax act, 1961, dated october 21, 2008, passed by the commissioner of income-tax, kolkata-i, respondent no. 1, transferring the file from kolkata to ranchi, on the ground that neither the petitioner was given an opportunity of ..... their cases.6. consequently, in exercise of the powers conferred upon me by sub-section (1) and (2) of section 127 of the income-tax act, 1961, and all other powers enabling me in this behalf, i, the commissioner of income-tax, kol-i, kolkata, do hereby transfer the case named in column (2) of the schedule below, from the jurisdiction of the assessing officer ..... relevant portion of the order impugned, which is extracted hereinbelow:consequent to the search and seizure operations under section 132 of the income-tax act, 1961, in the b.s. agarwal group of cases, it had been requested by the commissioner of income-tax (central), ranchi that the cases named in column (2) of the schedule below be centralized for the purpose of co-ordinated ..... ltd. kolkata3 b.s. sponge aaccb0433h ito private ltd. wd.2(2),kolkata4 meritime aabcm8293r deputy citmerchants cir 2, kolkataprivate ltd.this order will take immediate effect.(sd.) ...commissioner of income-tax,kolkata i, kolkata.(emphasis supplied)5. i find from paragraph 5 of the order impugned that respondent no. 1 had 'considered' the written objection. in the context of the case .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-22-2008
Reported in : (2008)2CALLT391(HC),(2009)225CTR(Cal)67
..... this writ petition, the petitioners challenge an order passed by the settlement commission constituted under the provisions of section 245b of the income tax act, 1961 rejecting the petitioners' application for settlement. i shall henceforth refer to this statute as 'the act'. this order has been passed on 31st may 2007 but the petitioners claim to have received the order on 14th june 2007 ..... the date of making of the order, and thus they were entitled to the benefits of the amended provisions of section 245d(2a) of the act.9. the provision for settlement of a case is provided in chapter xix of the income tax act. the relevant provisions of the act which are material for the present case is contained in section 245d of the said ..... act which was prevailing at the material time and the said provisions are reproduced below:245d. procedure on receipt of an application under section 245c.(1) ..... category, has it prejudiced the petitioner/appellant....41. before however, i examine the argument of the petitioners that by affording opportunity of hearing to the income-tax authorities at the admission stage the settlement commission acted contrary to the provisions of the law, i shall briefly analyse the provisions of the law relating to admission of a settlement application.(i) a settlement .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-28-2008
Reported in : (2008)2CALLT139(HC),2008(1)CHN1017
..... the guild, has laid a great deal of stress on the fact that guild is not a profit making organization. it is exempted under section 80(g) of the income tax act. therefore, according to the learned counsel the guild cannot be accused of wanting to hold the fair for their own private interests. learned counsel submitted that the writ petition ..... society. respondent no. 13 is an association of publishers & booksellers of kolkata, registered under the west bengal societies registration act, 1961. it is a non -profit making and social service organization. it has been granted exemption under section 80(g) of the income tax act of 1961. it is known as the 'publishers & booksellers guild' (hereinafter referred to as guild). we may ..... . mr. amzad ali, learned counsel, submitted that the statutory authorities have singularly failed to perform their duties in a fair manner having ignored the provisions of the environment protection act, 1986 and the provisions of the noise pollution (regulation and control) rules, 2000. learned counsel reiterated that the mayor in council has not granted the necessary permission. even if ..... the noise pollution (regulation and control) rules, 2000. learned counsel further submitted that closure of park street maidan would be covered by section 353 of the kolkata municipal corporation act (hereinafter referred to as kmca). the municipal commissioner can order the closure of a park or a public square permanently or temporarily. however, such an order can only be .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-15-2008
Reported in : (2008)IVCALLT296(HC)
..... flowing from a different bundle of facts connected with ex 1, a notice dated august 2nd, 1985 issued to its principal officer by the income-tax officer, e-ward, c-n, cal. under section 226(3) of the income-tax act, 1961, about which nothing was stated in the written statement, brought about a month to month renewal of the lease within the meaning of ..... amount equivalent to the monthly rent by the lessee remaining in possession of the property after determination of the lease to the income-tax officer in response to a notice issued to the lessee under section 226(3) of the income-tax act, 1961.30. mr. sen has referred me to ito, madras v. budha pictures : 65itr620(sc) ; dhunseri tea & industries ltd. v. the ..... section 116.12. the income-tax officer issued the notice, ex 1, stating that a sum of rs. 3,50,321 was due from the plaintiff on ..... within the meaning of section 116 of the transfer of property act, 1882. in his examination-in-chief and cross-examination p.w. 1 has consistently said that after determination of the lease the plaintiff never accepted rent from the defendant, and that payments made by the defendant to the income-tax officer were not binding on the plaintiff.33. mr. chakraborty has .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-15-2008
Reported in : 310ITR295(Cal),176TAXMAN443(Cal)
..... order1. we have heard the learned counsel for the parties.2. in this reference under section 256(2) of the income-tax act, 1961 for the assessment year 1989-90, the following questions have been referred for the opinion of this court:(i) whether on the ..... appellate authority held that the assessee should have shown the estimated commission in his return.6. being aggrieved from the order so passed by the commissioner of income-tax (appeals), the assessee filed an appeal before the learned tribunal. it appears from the facts placed before the learned tribunal that the commission amount was ascertained ..... after the determination of the net profits of the said company and was liable for tax in the assessment year 1990-91. the commissioner of income-tax (appeals) held that the profit was earned by the company on day-to-day basis and not at the end of ..... assessment year (1989-90).5. the assessee being aggrieved from the order so passed by the assessing officer filed an appeal before the commissioner of income-tax (appeals) on the ground that the commission for the period 1-7-1988 to 31-3-1989 accrued to the assessee only in september 1989 ..... in the case of south madras industrial development co. (p.) ltd. (supra). he further contended that in cit v. r. lakshmi narayanan the hon'ble madras high court upheld the view taken by the commissioner of income-tax (appeals) and the learned tribunal and held that the commission was taxable in the year in which the .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-26-2008
Reported in : (2008)221CTR(Cal)36,307ITR243(Cal),176TAXMAN326(Cal)
..... out in  242 itr33. the memorandum sets out the object for which the said new section 25b was introduced which are as follows:the scheme of taxing the income from house property under the income-tax act involves the concept of 'annual value'. annual value has been deemed to be the sum for which the property might reasonably be expected to let from year ..... .the assessee has prepared fresh returns for the assessment years 1990-91 to 1992-93 which can be filed immediately on receipt of notices under section 147/148 of the income-tax act for those years.the assessee will be grateful if the assessing officer is directed to issue the notices under section 148 immediately and also to complete the reassessment, within the ..... year 1989-90 to enhance the rent of the premises in question with retrospective effect from september 1,1987, a purported notice under section 147 of the income-tax act, 1961 (hereinafter referred to as 'the said act') was issued on may 18,1994 i.e. after the expiry of four years from the end of the relevant assessment year (1989-90). the appellant ..... assessment year for which the rent was received and assessed by the authority. therefore, the amount so received, subsequently,, held that it cannot be treated as income within the meaning of section 5 of the income-tax act for the said assessment year.13. the facts of this case that the appellant company, i.e., p. g. & w. sawoo pvt. ltd. filed its return .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-08-2008
Reported in : (2009)221CTR(Cal)775,315ITR215(Cal),176TAXMAN438(Cal)
..... the amount of rs. 19,14,55,804 is on account of transfer of goodwill, the same cannot be brought to tax as the transaction enjoys exemption under section 47(iv) of the income-tax act as explained earlier in this order. the addition of rs. 19,14,55,804 is therefore deleted in full. the ..... mr. bhowmick in this matter is as per provision of section 47(iv) of income-tax act whether the transfer of capital asset by a company to its wholly subsidiary company could be regarded as transfer and therefore capital gains tax could be levied on such transfer.2. the facts of this case on that ground ..... appellant accordingly gets relief of rs. 19,14,55,804.7. the learned tribunal after taking into account all such facts as well as the order so passed by the cit (appeals ..... on 31-12-1997 was held by the respondent, the transfer of the undertaking was squarely covered by the provisions of section 47(iv) and therefore, no income under the head 'capital gains' was assessable in assessment year 1998-1999. for the reasons as aforesaid, we therefore, uphold the order of the commissioner ( ..... that is the contention of mr. bhowmick before us. we have also considered the aspect which has been decided by the learned tribunal and the cit (appeals). the cit has held that the price was approved by the high court and did not have any relation with the value of the assets of the undertaking .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-11-2008
Reported in : (2008)4CALLT150(HC)
..... plaintiff that the defendants failed to obtain 'no objection certificate' from the income tax authorities under sections 269ul and 230a of the income tax act, 1961. in fact, the income tax authorities had served a notice dated 22nd november, 1988 on the defendants as well as the plaintiff informing them about an order of ..... against the plaintiff to perform the agreement and having failed to complete the transactions within 6 months the agreement became unenforceable. the provisions contained in section 269ud of the income tax act, 1961 was declared ultra vires in the year 1994. it is further pleaded that even otherwise the plaintiff had agreed to purchase the property with the existing tenant therein ..... clearance certificate under section 230a of the income tax act, 1961 and shall produce the same for the inspection of the purchasers advocates at least 2 weeks before completion of the transaction.3. it is the case of the ..... vendors shall obtain all such permissions as are necessary under the law for transferring the said premises to the plaintiff including 'no objection certificate' under section 269ul of the income tax act, 1961 and shall produce the same for the inspection of the purchaser's advocates at least 2 weeks before completion of the transaction.(6) the vendors shall obtain necessary .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-04-2008
Reported in : 2008(4)CHN838
..... made.15. the learned trial judge has accepted the version of the lessor that the declaration given by the 'appellant before the income-tax authority amounted to denial of title within the meaning of section 111(g), clause (2), of the act and at the same tune, also found the appellant guilty of violation of clauses (m), (o), (p) of the section 108 ..... to claim forfeiture on the alleged violation of the clauses (m), (o), (p) of section 108 of the act and 2) whether the declaration given by the appellant before the income-tax authority came within the purview of section 111(g) clause (2) of the act.17. in order to appreciate the questions mentioned above, it will be profitable to refer to sections 111 ..... by the common judgment and decrees impugned herein has decreed the suits on the ground that the act of the defendant in asserting title before the income-tax authority amounted to forfeiture of the lease thereby attracting section 111(g)(2) of the transfer of property act. the learned trial judge found that the lessee renounced its character by setting up a title or ..... and alteration to the said flat in violation of the building rules of the calcutta municipal corporation act and without obtaining sanction from the calcutta municipal corporation.(1) in the month of february 1989, it transpired that in answer to certain queries raised by the commissioner of income-tax, west bengal circle x, the defendant no. 1 deliberately misrepresented before the commissioner of .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-12-2008
Reported in : 2008(4)CHN68
..... issue a fresh notice of hearing to the parties and reconsider the matter and pass an appropriate order. a no objection certificate under section 269ul(3) of the income-tax act was issued by the income-tax authorities on august 30, 2006 following which the plaintiff forwarded a draft conveyance to the defendants under cover of a letter of september 7, 2006, offering to pay ..... a decree for specific performance of contract.16. the defendants refer to the c.b. gautam case and paragraph 46 thereof as to how petitions challenging preemptive purchases under the income-tax act then pending before various high courts were to be dealt with. the defendants refer to the directions issued by the supreme court in that regard. the defendants submit that the ..... the clearance certificate under section 230a of the income-tax act and similarly produce the same for inspection.4. the terms of the agreement of august 2, 1988 were reduced to writing on september 23, 1988 and it is such agreement ..... as the parties may agree. it was the defendants' obligation to obtain all permissions as were necessary for the transfer including the no objection certificate under section 269ul of the income-tax act, 1961 and to produce the same for inspection of the plaintiffs advocates at least two weeks prior to the completion of the transaction. the defendants were also obliged to obtain .....Tag this Judgment!