Calcutta High Court

Appellate Court bound to accept statement of judges recorded in their judgment

Nischintapur Tea Co. Ltd. Vs. Subrata Sen. & Ors. (Calcutta High Court)

The party if it feels that such recording of statement of fact is wrongly recorded it is incumbent on its part to approach the said judge promptly and without any delay or before the same feeds the memory and to invite the attention of the said judge that there is an error....

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Fetter on an executing court to not go behind decree is not placed on a Company Judge assessing a creditor’s winding-up petition founded on a decree

Coal India Ltd. Vs. Nicco Corporation Ltd. (Calcutta High Court)

There is discretion available to the Company Judge in a creditor's winding-up petition, both at the time of admission and at the post-advertisement stage; the Company Court may refuse to admit a winding-up petition founded on an ex parte decree if it finds the original claim or cause of action to be substantially mired in doubt....

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Suo moto transfer of case by one Assessing officer to another is illegal – Kolkata High Court

Kusum Goyal Vs The Income Tax Officer & Ors (Calcutta High Court)

Therefore, since it has been held in this judgement that it is imperative on part of the respondents to issue order under section 127(3), the letters/notices under challenge are set aside and quashed. The writ petition is allowed. Consequential proceedings are also set aside and quashed. Accordingly, the notice dated 6th January, 2010 reg...

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DGFT – High Court allows benefit of 0% duty of customs under EPCG Scheme

Ruia Cotex Ltd., & Anr. Vs Director General of Foreign Trade & Ors. (Calcutta High Court)122/99 01/01/1970

EPCG-Before the aforesaid company availed of the benefit of 10% duty of customs scheme in April 1999, the government had introduced a 0% duty of customs scheme with effect from April 1, 1999. The benefit of the above scheme was made available for the period from April 1, 1999 to March 31, 2000. But no notification was issued to that effec...

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TRO may enquire in respect of benami property for recovering the outstanding demand of the assessee

Vishwanath Agarwala Vs TRO (Calcutta High Court)

With regard to the question as to whether Panna Bai was the benamidar of Dwarka Prasad Agarwala or not, the TRO, held that without doubt the transaction was benami and the real owner of the property at 13,Kalipukur Lane (Road), Sheoraphully, Hooghly, was Dwarka Prasad Agarwala and Panna Bai, wife of Dwarka Das Agarwala, was the ostensible...

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Mere family connection cannot be a ground for transfer of cases

Relevant Case - Dillip Kumar Agarwal Vs CIT (Calcutta High Court)

In connection with search and seizure operations against the R group of companies, the Commissioner of Income-tax after hearing the assessees passed a reasoned order directing transfer of the cases of the assessees from the Income-tax Officers at Kolkata to Patna....

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In cases of a group, coordinated investigation is a relevant ground for transfer of its case under section 127 of IT Act

Sahara India Commercial Corpn. Ltd. Vs CIT (Calcutta High Court)

Section 127 does not spell out under what facts and circumstances a transfer of a case can be made. However, in a case of inter-city transfer statute requires compliance of two requirements –first, to vie the assessee a reasonable opportunity of hearing, wherever it is possible to do so and secondly, reasons with regard to transfer shou...

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Dues of Petitioning creditor relating to period beyond scheme under implementation by Board and not forming part of scheme, bar u/s. 22(1) of SICA does not apply

Kothari Metals Ltd. Vs. Indian steel & Wire Products Ltd. (Calcutta High Court)

On a reference to the Board for Industrial and financial Reconstruction (BIFR) by the company, a scheme of rehabilitation was sanctioned and the management of the company was taken over under the directions of the Board. The scheme sanctioned by the Board for Industrial and Financial Reconstruction failed to reflect the dues of the Petiti...

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Whether There Is A Direct Conflict Of Decisions Delivered By Division Bench?

P. G. & Sawoo (P.) Ltd. Vs. ACIT (Calcutta High Court)

It is also to be noted that Dr. Pal at that point of time tried to distinguish the said judgment in the Hamilton’s case (supra) with the judgment of Hope (India) Ltd. (supra) and submitted that there is no inconsistency in the view taken by the subsequent Division Bench in the Hope (India) Ltd case (supra) and in this subsequent decisio...

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Applicability of proviso to section 47(iv) of IT Act in case of transfer of capital asset by a company to its wholly owned subsidiary

CIT Vs Coats of India Ltd. (Calcutta High Court)

Therefore, there cannot be a formula which had no connection with the value of the individual assets and the liabilities. The price was determined that of the business and therefore, there is no question of picking up any portion of such price and charging its capital gains. It appears to us that before transfer of the company, the said ...

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