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ACCT vs. Glaxo Smith Kline Consumer Health Care Limited (Supreme Court)
Power of Supreme Court & High Court under Articles 142 and 226 to entertain a challenge to the assessment order on the sole ground that the statutory remedy of appeal against that order stands foreclosed by the law of limitation: The statutory period prescribed for redressal of the grievance cannot be disregarded and a writ petition entertained. Doing so would be in the teeth of the principle that the Court cannot issue a writ which is inconsistent with the legislative intent. That would render the legislative scheme and intention behind the statutory provision otiose A priori, we have no hesitation in taking the view that what this Court cannot do in exercise of its plenary powers under Article 142 of the Constitution, it is unfathomable as to how the High Court can take a different approach in the matter in reference to Article 226 of the Constitution. The principle underlying the rejection of such argument by this Court would apply on all fours to the exercise of power by the High Court under Article 226 of the Constitution
Anand Developers vs. ACIT (Bombay High Court)
S. 147/ 148: A mere bald assertion by the AO that the assessee has not disclosed fully and truly all the material facts is not sufficient. The AO has to give details as to which fact or the material was not disclosed by the assessee, leading to its income escaping assessment. Otherwise, the reopening is not valid (Imp judgements referred) The decision in Calcutta Discount Co. Ltd in fact, assists the case of the Petitioner rather than the Respondents. In this decision, the Hon'ble Supreme Court has held that it is the duty of the assessee to disclose fully and truly all primary relevant facts and once all primary facts are before the assessing authority, he requires no further assistance by way of disclosure and it is for him to decide what inference of facts can be reasonably drawn and what legal inferences have ultimately to be drawn. However, if there are some reasonable grounds for thinking that there had been underassessment as regards any primary facts which could have a material bearing on question of under-assessment, that would be sufficient to give jurisdiction to the ITO to issue notice for reassessment
Power Of The ITAT To Grant Stay: Is the Embargo By The Finance Act 2020 Valid And Justified?
Advocate Gunjan Kakkad has done extensive research on the issue whether Section 99 of the Finance Act, 2020, which curbs the powers of the Income Tax Appellate Tribunal to grant stay, is constitutionally valid. He has put forward his arguments in a logical manner and formulated several convincing propositions. He has aso relied upon a large number of judgements to buttress his propositions 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
Virtual Litigation And E-filing: The Future Of The Indian Judiciary?
Advocates Aarti Sathe and Niraj Sheth have prophesied that full digitization of litigation in the form of e-filing and virtual hearings will become a reality of our life in the near future. They have cited several real-life examples in our Country and in other Countries where virtual litigation has already been successfully conducted. The ld. authors have acknowledged the huge infrastructure challenges that have to be overcome to make the goal a reality and have offered a few suggestions on how it can be done__._,_.___
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