Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: kolkata Page 1 of about 17,223 results (0.068 seconds)

Sep 18 2017 (HC)

M/S Banwarilal Goel and Sons and Ors. Vs. Kolkata Municipal Corporatio ...

Court : Kolkata

..... proceedings and unnecessary harassment, the high courts will issue appropriate orders or directions to prevent such consequences. writ of certiorari and prohibition can issue against the income tax officer acting without jurisdiction under section 34, income tax act. 20. much water has since flown under the bridge, but there has been no corrosive effect on these decisions which, though old, continue to hold ..... remedy was a factor to be taken into consideration in the matter of granting writs. this was followed by another rashid case, namely, k.s.rashid & son v. income tax investigation commission [air1954sc207: (1954) 25 itr167 which reiterated the above proposition and held that where alternative remedy existed, it would be a sound exercise of discretion to refuse to ..... a tenant by the petitioner at the said premises. thereafter, three hearing notices were served upon the petitioner under section 183(3) / 184(4) of the kolkata municipal act, 1980 indicating the proposed annual valuation and invited the objection from the petitioner before the hearing officer on 15th december, 2014. it is an admitted fact that they appeared ..... the annual valuation of the property in question but also challenged the final order of the hearing officer determining the annual valuation for the purpose of ascertaining the property tax laviable on the premises owned by the petitioner. the petitioner claimed to be the owner of the municipal premises number 17, shyama prasad mukherjee road, kolkata 700 025 .....

Tag this Judgment!

Sep 12 2017 (HC)

(International Taxation), Kolkata Vs. Income Tax Settlement Commission ...

Court : Kolkata

..... stood transferred abroad. on the contrary, since the plants are to be installed in india, the sale stands concluded on indian territory and, therefore, the income derived therefrom is amenable to income tax under the income tax act, 1961. he refers to various clauses of the contract in support of such contention. referring to the impugned order passed by the settlement commission, learned advocate ..... by the settlement commission is justiciable. jyotendrasinhji (supra) is of the view that, an order of the settlement commission which is contrary to any of the provisions of the income tax act, 1961 and prejudicial to the interest of the assessee is amenable to interference under article 226 of the constitution of india. an order of the settlement commission can also ..... assessment years 2005-06 to 20092010 for the respondent no.4. by an order dated june 29, 2010 the settlement commission admitted such application under section 245d(1) of the income tax act, 1961. the settlement application was disposed of by the impugned order dated december 13, 2011. the parties were heard during the settlement proceedings. the impugned order is detailed. ..... page 611 (sc) (jyotendrasinhji v. s.i.tripathi & ors.) and submits that, since the order of the settlement commission is not contrary to the provisions of the income tax act, 1961, the writ court need not interfere with the impugned order. learned senior advocate appearing for the respondent nos.2, 3 and 4 submits that, the private respondents are .....

Tag this Judgment!

Sep 06 2017 (HC)

The Peerless General Finance and Investment Vs. Commissioner of Income ...

Court : Kolkata

..... .adv.mr.somak basu, adv.for the petitioner. md.nizamuddin, adv.mr.siddhartha lahiri, adv.for the respondents. the court :- the petitioner assails a notice under section 148 of the income tax act, 1961 proposing to reopen the assessment year 1999-2000. the reasons for such reopening is also under challenge. the final order dated september 22, 2009 negating the objections raised by ..... income tax act, 1961. in the present case, the department has not served any notice under section 143(2) of the income tax act, 1961 upon the petitioner. the petitioner is not aware of an order of reassessment. in such circumstances, he submits that the ..... the impugned order notices calcutta discount co.ltd.(supra) it does not apply the ratio laid down therein correctly. he contends that, a notice under section 143(2) of the income tax act, 1961 is mandatory for the assessing officer to pass an order of assessment, even after invoking the provisions of section 148 read with section 147 of the ..... of such stand of the petitioner. he relies upon 268 itr332(hindustan lever ltd.versus assistant commissioner of income-tax and ors.) and 237 itr668(garden silk mills pvt.ltd.versus deputy commissioner of inocme-tax) in support of the contention that, section 148 of the income-tax act, 1961 does not confer jurisdiction on change of opinion on the interpretation of a particular provision or .....

Tag this Judgment!

Sep 05 2017 (HC)

Sesa International Limited Vs. Avani Projects and Infrastructure Limit ...

Court : Kolkata

..... property. the word transfer has been defined under section 2(47) of the income tax act, 1961. transfer includes sale, exchange etc.this application in the name of the defendant no.2 has really been engineered by the defendant no ..... space in service apartment at the rate of rs.10,000 per sq. ft. between plaintiff and defendant nos.1 and 2. under the income tax act, 1961, 1% deduction is required only in case of sale/transfer of property and in case of amount paid for transfer of the immovable ..... mandatory deduction on tds of rs.21 crores as per section 194 ia effective from 1st june, 2013 read with section 2(47) of the income tax act has been admittedly ignored. mr.kapoor submits that between december, 2014 and march, 2015, the defendant no.1 made alleged repayments in driblets of ..... prasad agarwalla v. tarkerhwar prasad, (2001) 5 scc568. however, injunction. there is a distinction between the attachment and according to dictionary meaning, attachment means act of attaching , state of being attached . in law, it is seizure of property or person by legal authority, especially seizure of defendant s property ..... 5 scc665 air2009sc2330. according to wade & forsyth: administrative law (2009).injunction is the standard remedy of private law for forbidding the commission of some unlawful act, e.g.a tort or breach of contract. its sanction is imprisonment or fine for contempt of court, or attachment of property. historically, it is .....

Tag this Judgment!

Sep 01 2017 (HC)

Bengal Srei Infrastructure Development and Ors. Vs. Union of India and ...

Court : Kolkata

..... ganesh joshi (supra) and sadan k. bormal & anr. (supra) have held that, a fiction cannot be extended beyond the purpose for which it is created. chapter xii-h of the income tax act, 1961 is premised upon the legal fiction of fringe benefits being given by the employer to the employee. it has been contended that, the 17 broad heads stipulated in subsection ..... ) is section 115wb(2) of the income tax act, 1961 required to be read down ?. (iii) to what relief or reliefs, if any, are the parties entitled to ?. the petitioners have sought reading down of section 115wb(2) of ..... to save any provision from the vice of unconstitutionality. the issues that have arisen in this writ petition can be summarised as follows:(i) is chapter xii-h of the income tax act, 1961 or any part thereof unconstitutional being opposed to articles 14 and 246(1) read with entry 82, list i of the seventh schedule to the constitution of india ?. (ii ..... .nizamuddin, advocate mr.r.k.sinha, advocate hearing concluded on : august 7, 2017 judgment on : september 1, 2017 debangsu basak, j.:- the petitioners have assailed chapter xii-h of the income tax act, 1961 as unconstitutional being opposed by article 14 and 246(1) read with entry 82 in list i of the seventh schedule to the constitution of india. learned additional advocate .....

Tag this Judgment!

Aug 31 2017 (HC)

Swastik Oil Refinery Private Limited Vs. Union of India and Anr

Court : Kolkata

..... , the period specified therein is barred by the limitation prescribed. tinplate company of india limited (supra) is rendered in context of section 148 of the income tax act, 1961. in the facts of that case, it was found that, the assessee was not guilty of suppression of any material fact before the authorities. ..... relies upon an unreported decision of the court dated may 5, 2016 rendered in wp no.1280 of 2001 relating to section 147 of the income tax act, 1961 and submits that, in the facts of the present case where the impugned show cause notice records that, the petitioner had filed the ..... petitioner is guilty of suppression of material facts at the time of assessment. clause (d).if not anything else, of section 11a(4) of the act of 1944 stands attracted. the present writ petition appears to be an attempt by the petitioner to stall the adjudication proceedings on specious pleas. the ..... limitation. i have considered the rival contentions of the parties and the materials made available on record. section 11a(4) of the central excise act, 1944 contemplates that where any duty of excise has not been levied or paid or has been short levied or short period or erroneously refunded ..... of suppression does not arise. therefore, the authorities could not have invoked the extended period of limitation envisaged under section 11a(4) of the central excise act, 1944. he submits that, the period involved is of 2011 to 2014. the impugned show cause notice was issued on march 31, 2016. the department .....

Tag this Judgment!

Aug 30 2017 (HC)

Arvind Kayan Vs. Union of India and Ors.

Court : Kolkata

..... writ court. i have considered the rival contentions of the parties and the materials made available on record. a proceeding under section 159 of the income tax act 1961 was initiated against the petitioner. it was in respect of the deceased defaulter assesse namely, sushil kumar kayan. sushil kumar kayan is deceased father ..... definition of legal representative as obtaining in section 2(11) of the code of civil procedure, 1908 and as understood in the context of the income tax act, 1961 is an inclusive definition. every person who is found to meddle in the estate of the deceased can be considered as a legal representative ..... meaning of legal representative assigned to it in clause (11) of section 2 of the code of civil procedure 1908 would apply to the income tax act, 1961. section 2 (11) of the code of civil procedure 1908 stipulates that a legal representative means a person who in law represents ..... deceased. in support of such contention, he draws the attention of the court to section 2(29) of the income tax act, 1961. he submits that section 2(29) of the act of 1961 imports the definition of a legal representative as given in section 2(11) of the code of civil procedure ..... purchased the shares belonging to his deceased father during his lifetime for valuable consideration. the purchase of such shares has been disclosed in the income tax return of the petitioner for the relevant assessment year. the petitioner not having succeeded to the estate of the deceased by reason of the severance .....

Tag this Judgment!

Aug 23 2017 (HC)

Bhavani and Others Vs. Govind Bhargavi and

Court : Kolkata

..... on the other hand (pages 186-190 of mary s application).reliance was also placed on form no.26as being mary s tax statement under sec. 203 aa of the income tax act for the financial year 2007-08 (page 183 of mary s application).the said account is the one mentioned in box-c ..... mentioned in the joint accounts, the same becomes part of abha s estate by operation of law. it has been demonstrated by placing reliance on the income tax returns of abha and mary as to how they themselves treated such accounts. the other submission of learned counsel for bikash that the money lying in ..... was actually shown in the income tax returns of mary. in the order dated 21 february, 2013, the learned judge, prima facie, held that mary would be allowed to operate the accounts ..... of details of bank accounts and term deposits where mary is the firs.holder. all such accounts shown in box-b have been declared in the income tax returns of mary. in boxc, the particulars of a single joint account is mentioned where notwithstanding the fact that abha was the firs.holder, the same ..... the same was subsequently modified by the order dated 21 february, 2013 when mary filed ga no.3234 of 2012 disclosing in detail from the respective income tax returns as to which accounts pertain to abha and which accounts pertain to mary. details of the funds were also disclosed and in that background, three .....

Tag this Judgment!

Aug 17 2017 (HC)

Swamina International Private Limited and Anr. Vs. Income Tax Settleme ...

Court : Kolkata

..... august 17, 2017 debangsu basak, j.:- 1. the petitioners have challenged an order dated february 28, 2014 passed by the settlement commission exercising jurisdiction under the provisions of the income tax act, 1961.2. learned senior advocate for the petitioners has submitted that, the petitioners had made a reference to the settlement commission in respect of six assessment years commencing from 2001 ..... for the respondent has submitted that, subsequent to the order of the settlement commission, an assessment was done pursuant thereto. the petitioners had applied under section 154 of the income tax act, 1961 on may 13, 2014 for correction of such order of assessment. the same was disposed of by an order dated august 5, 2014. therefore, the petitioners cannot ..... are not entitled to challenge the view taken by the settlement commission. the petitioners have not been able to establish that, the settlement commission has acted in contrary to the provisions of the income tax act, 1961. two grounds of challenge made in the writ petition with regard to the order of the settlement commission were placed before the settlement commission ..... the settlement commission can be interfered with under article 226 of the constitution of india if such order is contrary to the provisions of the income tax act, 1961 and that, such contraventions of the act of 1961 are prejudicial to the petitioners. a writ petition is also maintainable if it can be substantiated that an order of the settlement commission .....

Tag this Judgment!

Aug 11 2017 (HC)

Pcm Strescon Overseas Ventures Ltd. and Anr. Vs. Deputy Commissioner o ...

Court : Kolkata

..... upon a circular dated march 10, 2016 which recognises such right to an assessee. he also refers to the provisions of section 92ca of the income tax act, 1961 also. the department is represented. it appears from the records that, the petitioner had suffered a show cause notice dated march 11, ..... matter to the tpo. as noted above, the assessing officer had invoked the provisions of section 92ca of the income tax act, 1961 in issuing the show cause notice. section 92ca (1) of the act of 1961 is as follows : 92ca. reference to transfer pricing officer (1) where any person, being the ..... no.214 of 2016 in the high court at calcutta constitutional writ jurisdiction original side pcm stresco.overseas ventures ltd.& anr. versus deputy commissioner of income tax, central circle13).kolkata & ors.before: the hon'ble justice debangsu basak date : 11th august, 2017. mr.mr.mr.mr.j.p.khaitan ..... , would give rise to a jurisdictional requirement. the assessing officer is required to record his satisfaction that, there is an income or a potential of an income arising and/or being affected on determination of the arm s length pricing of an international transaction or specified domestic transaction. ..... the exercise of jurisdiction by the assessing officer in transferring the assessment to the tpo. he further submits that, the assessing officer has acted in breach of the principles of natural justice in not granting a reasonable opportunity of hearing to the assessee concerned before taking a decision on .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //