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Issues involved: Modification of direction regarding assessment proceedings and concerns about prolonged proceedings before the Enforcement Directorate.
Assessment Proceedings: The writ petition was disposed of with the direction allowing the Assessing Officer (AO) to proceed with the assessment proceedings, considering them to be time-consuming. The Enforcement Directorate (ED) was also involved in the matter. The Revenue later sought modification of this direction due to concerns about the ED proceedings being unduly prolonged. However, developments occurred post the original order, including a Supreme Court directive to the ED to expedite proceedings. The ED had initiated proceedings and was required to conclude them within a year as per the Foreign Exchange Management Act. Consequently, the court found that the Department's apprehension had been alleviated, and there was no need to modify the original directions. Enforcement Directorate Proceedings: The Supreme Court's order in a related case directed the ED to expedite proceedings and dispose of complaints promptly without entertaining unreasonable adjournment requests. Subsequently, the ED had issued notices to all concerned parties and commenced proceedings. The Adjudicating Authority was mandated to pass the adjudication order within one year as per the provisions of the Foreign Exchange Management Act. This development allayed the Department's concerns about prolonged ED proceedings, leading to the disposal of the application seeking modification of the original direction.
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