SC refuses to interfere
with Bombay HC order directing initiation of civil and criminal contempt
proceedings against the President of Sinhgad Technical Education Society
(assessee) as also against the Tax Recovery Officer (‘TRO’) for misrepresenting
the order of the Court and for wilful disobedience of Court’s
order; Subsequent to HC’s refusal to grant relief against ITAT’s order to
deposit Rs.18 cr., President Mr. Navale had filed communications before the
Bank officials & TRO, claiming that HC, through 'oral' directions, had
allowed assessee to withdraw funds received by it in its bank account (post
this communication the assessee withdrew Rs. 9 cr from bank account received
from Social Welfare Department), similar misrepresentation was also made by TRO
to the assessee's bank; Noting the undisputed and agreed position between the
parties that no such 'oral' instructions were given by the Court, HC had held
that the conduct of Mr. Navale and TRO amounted to wilful disobedience of the
Court’s order; Against the SLP filed by assessee challenging HC order, SC holds
that “We are not inclined to interfere but we leave the petitioner with
the remedy of approaching the High Court to tender an unqualified apology and
also to make the offer of payment/deposit as made before this Court.”; SC
further holds that the HC is free to pass such order as may be considered
appropriate:SC
Subscribe to:
Post Comments (Atom)
CBDT issues second round of frequently asked questions in relation to Direct Tax Vivad Se Vishwas Scheme, 2024
This Tax Alert summarizes Circular No. 19/2024 dated 16 December 2024 (VSV 2- December Circular) issued by the Central Board of Direct Tax...
-
PCIT vs. The Executor of Estate of Late Smt. Manjula A. Shah (Bombay High Court) S. 50C Capital Gains: The valuation of the stamp autho...
-
This Tax Alert summarizes a recent ruling of the Supreme Court (SC) [1] on availability of CENVAT Credit on mobile towers and pre-fabrica...
-
IFRS and US GAAP - Similarities and Differences What is IFRS? And what is GAAP? The main difference between IFRS and US GAAP is that G...
-
Madras HC reverses ITAT's order, grants deduction u/s. 80P(2)(a)(i) to assessee (a society engaged in the business of banking and provi...
-
SC dismisses assessee-company’s SLP challenging Bombay HC order upholding re-assessment initiation (beyond 4 yrs period) based on a special...
-
SC dismisses Revenue’s SLP challenging Bombay HC order in case of assessee (belonging to Lodha group of companies engaged in real estate bu...
-
Claiming a foreign tax credit (FTC) in Australia allows companies to offset foreign taxes paid on income earned overseas against their Aust...
-
HC allows HDFC Bank’s writ petition, quashes AO’s order and subsequent reference to TPO alleging that certain related party transactions [p...
-
Delhi ITAT deletes Rs. 1558.57 cr. capital gains addition on Telenor India for AY 2014-15, holds that set off of non-refundable entry fee p...
-
This Tax Alert summarizes a recent ruling of the Bombay High Court (HC)1 on admissibility of input tax credit (ITC) w.r.t GST on advance p...
No comments:
Post a Comment