HC
holds that Joint Commissioner (Executive) (JC) is empowered to exercise
revisional powers comprised under Section 10B of U.P. Trade Tax Act 1948;
Rejects assessee’s plea that no notification has been issued by State
Government conferring such authority, acts and decisions of JC cannot be
validated or saved by application of “de facto” doctrine, hence exercise of
power by JC was invalid, liable to be viewed as a mere usurper of office;
Observes, a careful reading of Section 10B clearly establish that initially the
provision empowered the Commissioner or such other officer not below the rank
of Deputy Commissioner to exercise powers of revision and later words “Deputy
Commissioner” was substituted by words “Joint Commissioner”; States, fact that
Commissioner did not require separate authorisation by State Government or a
notification/authorization is evident from a plain construct of Section 10B
and once Section 2(b) mandates recognition and inclusion of Joint Commissioner
in expression “Commissioner”, there is, no requirement of separate
authorisation/notification of conferment of such authority; Remarks, “The
classification or the description of different categories in the Rules framed
under the 1948 Act clearly can neither control nor be determinative of the
authority which may exercise powers under Section 10B”, accordingly, dismisses
assessee’s revision petitions : Allahabad HC
Subscribe to:
Post Comments (Atom)
Identifying a Drafting Error in GST Amnesty Provisions
Provision Regarding Amnesty Scheme Section 128A was introduced into the Central Goods and Services Tax (CGST) Act by the Finance Act, 2024,...
-
In this article, for the benefit of our reader’s we have come up with detailed FAQ on procedures of issuance, requirement of Form 15CA an...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
1. Situation I. Tax Department Summons An employee received a summons from the tax department demanding an explanation for failing to discl...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
Many of us rely on home loans to purchase residential property, but are you fully aware of how tax laws impact your financial strategy? Unde...
-
Summary of the relevant updates is provided below for ease of your reference: A) Proposals relating to GST law, Compliances an...
-
Particulars Singapore Hong Kong Corporate Tax rate 17% 16.5%. Numb...
-
The circular of the Board dt. 28.06.1965 No. 17 (XL-36), provides for inspection fees and fees for certified copies of assessment and...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
No comments:
Post a Comment