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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Court: kolkata Year: 1976 Page 1 of about 98 results (0.033 seconds)

Jan 05 1976 (HC)

Jeewanlal (1929) Ltd. Vs. Commissioner of Income-tax (Central) and ors ...

Court : Kolkata

Decided on : Jan-05-1976

Reported in : [1977]106ITR33(Cal)

..... sabyasachi mukharji, j.1. in this application under article 226 of the constitution the petitioner has challenged the notice dated 4th november, 1974, issued under section 263 of the income-tax act, 1961. the petitioner is a public limited company engaged in the business of manufacture and sale of aluminium utensils and articles. the petitioner has its factory at bombay, ..... was entitled to such relief and rebate the appellate assistant commissioner had not directed. while passing the order in consequence of the appellate assistant commissioner's direction, the income-tax officer if he acts erroneously or contrary to the provisions of law, in my opinion, it cannot be said that the same formed part of the order of the appellate assistant ..... admissible in law to the applicant.' 2. by virtue of the aforesaid direction of the appellate assistant commissioner on the 13th november, 1972, the income-tax officer passed an orderpurporting to be one under section 251 of the act in which he gave effectto the appellate assistant commissioner's order in the manner following :' * * * * * ** * rs. 17,43,703less : rebate on 2% ..... and gains derived from the export of any goods or merchandise outside india. obviously, it appears to me that the income-tax officer incorrectly applied the provisions of the two finance acts. it is also seen that the income-tax officer applied a lower rate of tax holding that the assessee manufactured articles specified in part iii of the first schedule to the finance .....

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Jan 06 1976 (HC)

Alipurduar Tea Co. Ltd. Vs. Agricultural Income-tax Officer and ors.

Court : Kolkata

Decided on : Jan-06-1976

Reported in : 80CWN404,[1978]112ITR878(Cal)

..... should have been made in the bengal agricultural income-tax act, 1944, for altering such assessment or determination of liability under ..... the bengal agricultural income-tax act. there seems to be a lacuna in the bengal agricultural income-tax act. the act should have provided power to revise the order of assessment by the agricultural income-tax officer consequent upon the appellate or revisional order passed under the scheme of indian income-tax act because the taxability under the bengal agricultural income-tax act, 1944, depends upon the computation of income made under the indian income-tax act. when there ..... is variation of such computation under the scheme of the indian income-tax act, provision .....

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Jan 06 1976 (HC)

Commissioner of Income-tax Vs. Calcutta Motor Dealers Association

Court : Kolkata

Decided on : Jan-06-1976

Reported in : [1977]108ITR744(Cal)

..... -62 and the corresponding section 11 of the income-tax act, ] 961, for the assessment years 1962-63 to 1964-65' after the words 'indian income-tax act, 1922.' 4. the income-tax officer has rejected the assessee's contention and has brought to tax several items of income specified in the statements of the case on the grounds stated in the assessment orders ..... for and exempted from using the word 'limited' in its name. the assessee claimed exemption under section 4(3)(i) of the indian income-tax act, 1922, for the assessment year 1961-62 and under the corresponding section 11 of the income-tax act, 1961, for the remaining three assessment years. 3. we reframe question no. 1 by adding the words 'for the assessment year 1961 ..... in the affirmative, whether the work in connection with the business was mainly carried on by beneficiaries of the assessee and accordingly the income derived from such activities was exempt from tax under section 4(3)(i) of the income-tax act, 1961?' 2. the statement of the case relates to the assessment years 1961-62 to 1964-65. the assessee is a company and ..... the negative and in favour of the revenue by saying that the assessee is not entitled to exemption from tax in respect of any of its activities under section 4(3)(i) of the indian income-tax act, 1922, and the corresponding section 11 of the income-tax act, 1961, as claimed in the assessment years concerned. 7. accordingly, the remaining questions do not call for any .....

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Jan 06 1976 (HC)

Commissioner of Income-tax Vs. Dhadka Colliery Co. Ltd.

Court : Kolkata

Decided on : Jan-06-1976

Reported in : [1979]117ITR874(Cal)

..... years are the previous years.2. the assessee is a company. the company carries on business in raising coal from mines taken on lease. it also derives income by acting as agent for purchase and sale of coal. the purchase of coal was regulated by permits and the permits were issued only to actual users. the company ..... whether, on the facts and in the circumstances of the case, the business activities of the assessee, viz., the coal raising from mines taken on lease and acting as agents in the purchase and sale of coal on commission constituted part of one integrated trade or business so as to justify the set-off of losses, ..... from 1958-59 to 1960-61 in the assessment under reference under section 72 of the i. t. act, 1961 ?'6. by relying on the decision of a division bench of this court in the case of mundulpoor coal co. v. cit 0043/1965 : [1965]58itr199(cal) , it has been contended before us by mr. ajit sen ..... same business' in the cases of setabganj sugar mills ltd. v. cit : [1961]41itr272(sc) , cit v. prithvi insurance co. ltd. : [1967]63itr632(sc) , hooghly trust (p.) ltd. v. cit : [1969]73itr685(sc) , produce exchange corporation ltd. v. cit : [1970]77itr739(sc) and standard refinery and distillery ltd. v. cit : [1971]79itr589(sc) have been fulfilled in the instant case ..... deb, j. 1. in this reference under section 256(1) of the i. t. act, 1961, we are concerned with the question as to whether the assessee is eligible for adjustment of losses brought forward from the earlier years. the .....

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Jan 07 1976 (HC)

Kishori Lal Lakkar Vs. Income-tax Officer, 'A' Ward and Ors.

Court : Kolkata

Decided on : Jan-07-1976

Reported in : [1978]113ITR282(Cal)

..... with this aspect of the matter at all. lastly, this impugned order is an appealable order under clause (a) of section 246 of the income-tax act, 1961. no explanation was given in the petition as to why the order was not appealed. for all these reasons i am of the opinion ..... original registration. he had not appeared in pursuance of the summons under section 131 of the income-tax act, 1961. the circumstances under which a person alleged to be nandram jhunjhunwalla appeared before the income-tax officer, 'b' ward, dist. v(1), on the 7th march, 1969, had been explained in ..... 'to accept the contention that no reasonable opportunity had been given to the petitioner in this case. it was, lastly, contended that the income-tax officer had acted erroneously in holding that nandram jhunjhunwalla was a non-existent person. it was contended that he had been produced at the time of the ..... therefore, the notice did not give reasonable opportunity. i am also unable to accept this contention. the information indicated what was gathered by the income-tax officer and thereupon he gave the assessec or the petitioner an opportunity to adduce evidence to rebut that tentative conclusion. the notice in my opinion ..... if further time was given nor has the petitioner stated what other evidence the petitioner has in possession to rebut the tentative conclusion of the income-tax officer. the petitioner has also not stated why he wanted longer time. in the premises, i am unable to accept this contention that .....

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Jan 14 1976 (HC)

Commissioner of Income-tax Vs. Sabitri Chatterjee

Court : Kolkata

Decided on : Jan-14-1976

Reported in : [1978]115ITR744(Cal)

..... [1972]86itr557(sc) that before initiating the penalty proceedings the ito must be satisfied in the course of the assessment proceedings that the assessee had concealed his income and that his satisfaction, in the very nature of things, precedes the issuance of the notice which is a consequence of his said satisfaction.7. it has ..... should be answered in the affirmative and in favour of the revenue by following the decision of the supreme court in the case of d.m. manasvi v. cit : [1972]86itr557(sc) .5. on the other hand it has been contended by mr. kalyan ray, the learned counsel for the assessee, that the above ..... 61. the previous year is the financial year. by rejecting the explanation offered by the assessee in respect of certain receipts, the ito brought certain sums to tax as stated in the statement of the case. the said assessment was made on july 9, 1964, in which the ito has made the following endorsement:' ..... been held by the supreme court in the case of cit v. s. v. angidi chettiar : [1962]44itr739(sc) that the ito was satisfied in the course of the assessment proceedings that the assessee had concealed ..... under other sources, under house property and professional income, concealed earlier.'3. on july 22, 1964, the ito issued a notice under section 274 read with section 271 of the i.t. act, 1961, and referred the case, under section 274(2) of the act, to the iac on august 12, 1964. the tag issued the show .....

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Jan 19 1976 (HC)

Commissioner of Wealth-tax Vs. Executors to the Estate of Sir E.C. Ben ...

Court : Kolkata

Decided on : Jan-19-1976

Reported in : [1977]106ITR57(Cal)

..... charge under the income-tax act is on the total income of the assessee for the entire period of the accounting year and the ..... on the decision of the supreme court in the case of commissioner of income-tax v. amarchand n. shroff : [1963]48itr59(sc) . but amarchand's case : [1963]48itr59(sc) is not on the wealth-tax act but on section 24b of the indian income-tax act, 1922. the scheme of the income-tax act and the wealth-tax act and the subject-matter of their respective charges are totally different. the ..... liability to pay income-tax arises at the point of accrual of income in that year. this ..... valuation date if he is dead on that date. 14. though the language used in section 24b of the income-tax act, 1922, and section 19(2) of the wealth-tax act are similar, the subject-matter of the charge and the scheme of these two acts being totally different, these two sections cannot, in our opinion, operate on the same field. these two .....

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Jan 22 1976 (HC)

Monoj Kanti Bose and ors. Vs. Bank of India and ors.

Court : Kolkata

Decided on : Jan-22-1976

Reported in : (1977)IILLJ285Cal

..... is competent and the court can interfere with the said orders of the bank in this jurisdiction though for the purpose of the income tax act and income tax assessment the bank may be considered to be a company, the bunk after nationalization is dearly not n company to which a writ ..... chowdhury have been mainly adopted and it has further been submitted that this writ petition is incompetent as the bank for the purpose of income tax act is treated and considered to be a company. it has been argued as the bank is a company no writ against the company will ..... para 19.7 which defines 'minor misconduct' inter alia provides-' 19.7 toy the expression minor misconduct' shall be meant any of the following acts and omissions on the part of an employee;(a) absence without leave or overstaying sanctioned leave without sufficient grounds;(b) unpunctual or irregular attendance;(c) ..... argued, and (ii) that some of the most familiar and important classes of decisions in the general field of administrative laws (e.g., tax assessments and decisions on planning applications, certain social security benefits and some licensing applications) are normally made without any 'hearing' and on the strength ..... they provide the statutory authority with necessarily guide lines. it is the argument of mr. chatterjee that the statutory authority even administratively cannot act arbitrarily and are bound to follow the said guide lines and cannot be permitted to depart from the same arbitrarily and any arbitrary departure .....

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Jan 27 1976 (HC)

Shyam Sundar Jalan and anr. and Asiatic Oxygen and Acetylene Co. Ltd. ...

Court : Kolkata

Decided on : Jan-27-1976

Reported in : [1977]47CompCas61(Cal),[1977]106ITR275(Cal)

..... company can have only one principal officer. according to him, more than one principal officer is not contemplated under the existing laws. directors are not principal officers but under the income-tax act any director may be designated as a principal officer. in these cases the sanctioning authority accorded sanction against mr. k.c. gangwal as principal officer and against others as directors ..... of applications made under sections 397, 401 and 482 of the code of criminal procedure, 1973, for quashing complaints under sections 276(b), 276b, 276(d) and 276d of the income-tax act, 1961, and some orders passed by the learned chief presidency magistrate, calcutta.2. it appears that complaints were filed against the directors of the asiatic oxygen and acetylene company limited ..... .c. gangwal, designated as the principal officer of the said companies, for failure to deduct income-tax from the salary of the employees, for failure to submit returns in time, for failure to deduct income-tax and super-tax on dividends for certain period under various sections of the income-tax act. to be precise, the revision case no. 271 of 1975 relates to a complaint for delay ..... in submitting returns under section 276(b) of the income-tax act. the returns were due on april 30, 1971, but the same were filed on december 12, 1972, and the complaint was filed on the 19th of september, 1973. the complaints .....

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Jan 27 1976 (HC)

The Asiatic Oxygen and Acetylene Company and ors. Vs. the State and or ...

Court : Kolkata

Decided on : Jan-27-1976

Reported in : 1976CriLJ1596

..... a company can have only one principal officer. according to him, more than one principal officer 13 not contemplated under existing laws. directors are not principal officers but under the income-tax act any director may be designated as a principal officer. in these cases sanctioning authority accorded sanction against mr. k. c. gangwal as principal officer and against others as directors. ..... under sections 397, 401 and 482 of the code of criminal procedure, 1973 for quashing complaints under sections 276(b), 276(b), 276(d) and 276(d) of the income-tax act, 1961 and same orders passed by the learned chief presidency magistrate, calcutta,2. it appears that complaints were filed against the directors of the asiatic oxygen and acetylene company limited ..... c. gangwal, designated as the principal officer of the said companies, for failure to deduct income-tax from the salary of the employees, or failure to submit returns in time, for failure to deduct income-tax and super tax on dividends for certain period under various sections of the income-tax act. to be precise the revision case no, 271 of 1975 relates to a complaint for ..... he referred in this connection to section 2, sub-section (35) of the income-tax act which defines a principal officer. in this connection he also referred to section 282, sub-section (2) (b) of income-tax act according to which a notice or requisition under the act may be addressed in the case of a local authority or company to the principal officer .....

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