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)
Bombay High Court Clarifies Tax Exemption Eligibility for Venture Capital Funds
In a significant ruling, the Bombay High Court has reaffirmed that a Venture Capital Fund (VCF) registered with SEBI is entitled to claim ...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
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...
-
Facts Centrica India Offshore Private Limited (CIO), an Indian Company, is a wholly owned subsidiary of Centrica Plc, UK Centrica Plc a...
-
The Tax Audit season has started and it’s the time when the Assessees rush to their Chartered Accountants (CA) to get their Tax Audit d...
-
SREI Infrastructure Finance Ltd vs. ITSC (Delhi High Court) The assessee entered into a scheme of arrangement u/s 391-394 of the Compani...
-
Facts The taxpayer, a partnership firm, derived income from the business of handling and transport of ship containers, customs clearing a...
-
M/s. Alpha Projects Society P. Ltd vs. DCIT (ITAT Ahmedabad) In AY 2005-06, the assessee made payments to contractors & for professi...
-
01. TDS u/s 194J is required to be done for Royalty also w.e.f 13-7-2006. 02. Royalty had been defined under explanation 2 of se...
-
F.No.354/66/2011-TRU Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs...
-
M/s. Merilyn Shipping & Transports vs. ACIT (ITAT Visakhapatnam Special Bench) The assessee incurred brokerage expenses of Rs.38....
No comments:
Post a Comment