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Monday, December 23, 2019

[ACCA_Profs] Two Imp Verdicts Of Supreme Court On Core Issues + Book On GAAR By Leading Tax Experts

 

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Dear Subscriber,

The following important updates are available at itatonline.org:

University of Delhi vs. UOI (Supreme Court)

Condonation of delay of 916 days: While a liberal approach is to be taken in the matter of condonation of delay & the consideration does not depend on the status of the party, even so the condonation of long delay should not be automatic since the accrued right or adverse consequence to the opposite party is also to be kept in perspective. While considering condonation of delay, routine explanation is not enough but it should be in the nature of indicating "sufficient cause" to justify the delay which will depend on the backdrop of each case and will have to be weighed carefully by the Courts based on the fact situation (Mst Katiji 1987(2) SCC 107 distinguished)

In the case of Katiji (Supra) the entire conspectus relating to condonation of delay has been kept in focus. However, what cannot also be lost sight is that the consideration therein was in the background of dismissal of the application seeking condonation of delay in a case where there was delay of four days pitted against the consideration that was required to be made on merits regarding the upward revision of compensation amounting to 800 per cent

P. Singaravelan vs. District Collector (Supreme Court)

Effect of dismissal of SLP: It is well-settled that the dismissal of an SLP by the Supreme Court against an order or judgment of a lower forum is not an affirmation of the same. If such an order is non-speaking, it does not constitute a declaration of law under Article 141 of the Constitution, or attract the doctrine of merger

It is evident that all the above orders were non-speaking orders, inasmuch as they were confined to a mere refusal to grant special leave to appeal to the petitioners therein. At this juncture, it is useful to recall that it is well-settled that the dismissal of an SLP against an order or judgment of a lower forum is not an affirmation of the same. If such an order of this Court is non-speaking, it does not constitute a declaration of law under Article 141 of the Constitution, or attract the doctrine of merger

Book Release: "General Anti-Avoidance Rules"

We are pleased to announce the release of the publication by the All India Federation of Tax Practitioners titled "General Anti-Avoidance Rules"

See Also: Digest of case laws (updated regularly) containing latest judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals 

Regards,

 

Editor,

 

itatonline.org

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Latest:

CBDT Order Reg Appointment Of Assistant Commissioners Of Income-Tax

The CBDT has vide Office Order No. 262 of 2019 dated 20th December 2019 stated that the President has extended the ad-hoc appointments of several Assistant Commissioners of Income Tax from 23.08.2019 to 22.08.2020

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