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)
India Tax Due Date - February 2026.
Sr No Due Date Related to Compliance to be made 1 11.02.2026 GST ...
-
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...
-
The Income-tax Appellate Tribunal has recently notified the Income-tax (Appellate Tribunal) Amendment Rules, 2025, introducing important p...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
A tax investigation is one of the most stressful events a company can face. It disrupts operations, consumes resources, and carries signific...
-
This is to update you about an important decision by Hon’ble Madras High Court (‘ HC ’/’ Court ’) in the case of ARS Steel and Alloy Inte...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
Mergers and Acquisitions (M&A) are no longer confined to large conglomerates. Mid-market deals, family-owned businesses, PE-backed exits...
-
Clarifications from the GST Council The GST Council has recommended the following clarifications on ISD and cross charge:
-
In a ruling that provides crucial clarity on the taxation of foreign enterprises in India, the Delhi bench of the Income Tax Appellate Tri...
No comments:
Post a Comment