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)
Delhi HC holds 10% pre-deposit requirement for penalty-only appeals inapplicable where SCN was issued before amendment
This Tax Alert summarizes a recent ruling of the Delhi High Court (HC) [1] on whether the newly introduced pre-deposit requirement for fi...
-
ITC is blocked on motor vehicles having seating capacity ≤ 13 persons (including the driver) used for the transportation of persons. Furth...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
This Tax Alert summarizes a recent judgement of the Delhi High Court (HC)on imposition of penalty on directors of a company under the Ce...
-
Recently, in a significant taxpayer-friendly ruling, the Hon’ble Mumbai ITAT, in the case of Nikesh Bhagwandas Mehta vs. ITO , has clarifi...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
THE issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
Income Tax Department had clarify that the renting of mobile tower would attract lower TDS Deductions u/s. 194-I and not u/s...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
This Tax Alert summarizes a recent Circular issued by the Central Board of Indirect Taxes and Customs (CBIC) clarifying the manner of gra...
-
This Tax Alert summarizes a recent judgement of the Kerala High Court (HC) 1 upholding the validity of GST notifications 2 extending the t...
No comments:
Post a Comment