Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2020 (1) TMI 1307

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... n obliteration to the functioning of the High Court. The direction is plainly unconstitutional and whimsical - We, accordingly, set aside the said order and dismiss the writ petitions. Petition dismissed. - Civil Appeal No. 999 of 2007 with C.A. Nos. 1000, 1003, 1002, 1005, 1011, 1015, 1013, 1412, 1414 & 2111 of 2007, 381 of 2020, 2824 & 2823 of 2007 and 382-383 of 2020 - - - Dated:- 15-1-2020 - S.A. Bobde, CJI, B.R. Gavai and Surya Kant, JJ. Shri K. Radhakrishnan Arijit Prasad, Senior Advocates; B. Krishna Prasad, M.P. Devanath, Sudhir Kumar Gupta, Sanjay Jain, E.C. Agrawala, Debasis Misra, Rajan Narain, Sanjai Kumar Pathak, Rabin Majumder and Neeraj Kumar Sharma, AORs; Ms. Nisha Bagchi, Ms. B. Sunita Rao, Ms. Neelam Chand, R .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... enue), State of Uttaranchal. The Committee was directed to take a decision with regard to the prayers made in the writ petition for redressal of grievance of the petitioner on appreciating the statement of fact duly supported with the evidence annexed in the writ petition and other documents they desire to file. Lest there be any doubt as to whether the High Court has conferred the judicial function on the Committee, the High Court removed any such doubt by ordering that the Committee would exercise Chief Judicial Power as authorized by this Court to review the notifications . 4. This unprecedented order is challenged before us. 5. We are of the considered view, that the impugned order is completely beyond the scope of the High Cou .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... No. The writ petitioner s unit was mentioned in Annexure 2 which is a list of industry entitled to exemption. The writ petitioner s unit was shifted to Annexure 3 which is a list of industry which became disentitled to exemption. According to the writ petitioner this was an inadvertent error. The petitioner, therefore, approached the High Court by way of Writ Petition praying for correction of the error and including their Unit at Annexure 2 so as to get the benefit of exemption. 8. According to Shri K. Radhakrishanan, Learned Senior Counsel appearing for the Revenue this was a conscious decision to disentitle the writ petitioner from exemption. 9. The High Court disposed of this matter along with other matters by constituting a Comm .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates