9911796707
TMI Blog1996 (2) TMI 522X X X X Extracts X X X X X X X X Extracts X X X X ..... r dated February 23, 1996 passed by us in RN-23 of 1996, directing the respondents not to realise the demand of penalty of Rs. 70,000 till disposal of the main application, provided the applicant makes a deposit of Rs. 35,000 in cash as security in favour of the Commissioner of Commercial Taxes, West Bengal, within a period of two weeks. The order of stay was also made unconditional for 2 weeks fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n it is stated that the order may be reviewed both on the ground of mistake apparent from the record and also for rectification of the mistake. Several decisions are mentioned in the review application, out of which Mr. Sambhu Nath Dey, learned advocate for the applicant, has referred to the case of Income-tax Officer v. Mohammed Kunhi [1969] 71 ITR 815 (SC). 3.. Mr. J.K. Goswami, learned State ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. Apart from that, this Tribunal, being of co-ordinate jurisdiction of the High Court in the matters of petitions under articles 226 and 227 of the Constitution of India and by virtue of the provisions of the West Bengal Taxation Tribunal Act, 1987 read with article 323B of the Constitution of India, has inherent powers for demanding security in an appropriate case for passing an interim order. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the review application that parts of those pages are hand written. The registry should, in future, take care to check such petitions before acceptance, in terms of the West Bengal Taxation Tribunal Rules and the West Bengal Taxation Tribunal Regulations. In this particular case, in spite of those defects, we treated this application as duly filed, in order to avoid delay. Application dismisse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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