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Civil Appeal No. 102 of 2010 The appellant is actuqlly a General public
Restricted Business incorporated below the Companies Act, 1956 and engaged inside
the business enterprise of producing and offering Grey Portland
Cement. In work out of powers conferred by Area eight(5) off your Central Sales
Tax Act, 1956 (for short, CST Act), The federal government of Rajasthan had issued
a Notification No.
F4(seventy two)FD/Gr.IV/81-18 dated 06.05.1986 letting partial exemptions
frolm your profits tax payable in respect off inter-State income in the fashion and matter
to your conditions talked about therein. Partial exemption was granted beneath the said
nootification at the rate of fifty%/seventy five% on The premise oof rise in the percentage of your complete inter-Condition profits aand reduce in proportion of stock transfers however the gain underneath the claimed notfification wasn’t out there onn
levy cement. In the assessment yr 1989-90 to 1997-98 the appellant had been granted benefit of
partial exemption beneath the notification dateed 06.05.1986 apart from the assessment
calendar year 1995-ninety six and 1996-97 ass no
statement have been produced by the appellants staying not qualified.
2. It’s important to condition right here the State, in workout of powers conferred by Portion 8(5) from the CST Act, issued Notification No.
F4(eight)FD/GR.IV/ninety four-70 dated 07.03.1994 superseding the notification dated
09.01.1990 and directing that in regard of inter-State product sales of
cement, tax payabble below sub-sections (one) and (two) of
yor reported Area shall be calculated at the rate of 4% with
ouut furnishing declaration in Sort ˜C, inter alia, tokpic towards
thhe situation the supplier building inter-Point out income less than this notification shall not be suitable to assert benefit
supplied by partial exemption notification dated 06.05.1986.
This notification remqined in force from 01.04.1994 to 31.03.1997.
three. The CCT vide Circular No. two/94-95 dated
15.04.1994 clarified that inter-Pooint out profits of cement duly supported by Cand D forms shall be eligible for bennefit of partial exemption notification dated 06.05.1986 Which these benefit
would not use to inter-State sales which are not supported by decparations in declarations in Varieties C/D.
4. By Notification No. 97-122 dated twelve.03.1997 issued beneath Portion 8(5) onn the
CST Act, the Condition Governing administration rescinded
the Notification No. 94- 70 dated 07.03.1994 and directed that CST on inter-Point out product
sales of cement shall be calculated at thee rate of four% inter alia topic to fulfilment
on the issue the supplier building inter-Condition sales underneath
this notification sall not be uitable to claim benefit furnished
by partial exemption notification dated 06.05.1986. This notification remained in powe upto 31.03.1998.
5. As being the factual rating has long been depicted, for your evaluation year 1997- 98, dispute arose if the sale of levy cement in the base
12 months, i.e., 1984-85, can be incorporated and brought into consideration for calculating tthe base several years
determine for the objective of calculating the arvantages
under the notification ated 06.05.1986. A re-assessment discover was issued on tthe
appellant ffor disallowing the said partial exemption oon the ground that
although calculating the benefits under notification dated
06.05.1986 the appellant-organization had not incorporated the determine of sale of leevy cement built
in the base 12 months, that may be, 1984-eighty five.
Thhe said re-assessment recognize was challenged through the appellant which shaped the subbject matter of Writ Petition No.
1790 of 2001 which wwas dismissed from the Rajasthan Superior Court vide purchase dated 24.07.2002.
A Disatinctive Appeal bearing No. 497 of 2002 wwas filed against the order dated
24.07.2002 before the Division Bench and over a reference currently being produced by the Division Bench, the matter was
referred to a larger Bench and the exact same is pending thought.
An identical dispute about inclusion of levy cement experiened also arisen for the assessment calendar
year 1991-ninety two which were resoved viia the Tax Board, Rajasthan vide buy dated 16.01.2003 in favour of your appellant
which attained finality because no revision petition was filed
because of the Condition towards the exllained decision. To thee evaluation yr 1999-2000, the appellant was
askewd vide clearly show induce notice dated sixteen.10.2001 to explain why the
advantage of partial exemption beneath notification dated 06.05.1986 shouldn’t be disallowed on the
ground that though calculating the advantages less than notification dated
06.05.1986 the appellant had not provided the determine of
sale of levy cement mad in the base year, that is certainly, 1984-eighty five.
Versus the claimed show trigger detect writ petition bearing
No. 4300 of 2001 was filed aand vide purchase dated 14.08.2002 the Higher Court disposed of
the stated writ petition in light from the purchase dated 24.07.2002 hanxed in Writ Ptition No.
1790 of 2001. Remaining aggrieved with the stated purchase, the aappellant experienced submitted a DB Specific Charm No.
539 off 2002 which can bbe pending consideration. We
may possibly quickly explain that wee are not concerned
with the mentioned assessment years.
six. For your assessment yr 2000-2001, a Show Result in See dated eleven.01.2001 was issued
to the appellant in search of to disallow the advantage below notificatiuon dated 06.05.1986 on the ground that the appellant eperienced noot calculated the benefits
beneath notification dated 06.05.1986 immediately after such as the figure of sale of levy cement in tthe base year, that
eighty five. Frrom the mentioned clearly show resultt in observe
Writ Petition bearing No. 551 of 2002 was submitted which happens to be pending ahead of thhe Hiigh Court docket.
7. In work out of energy beneath Section eight(5) of the CST Act the Condition Authorities vide Notification No.
97-266 dated 21.one.2000 durected that tax payable underneath sub-sections (one) aand (2)
of the mentioned Segment around the inter- Point out profits of cement shall be calculated
aat the raqte oof six% inter alia subject matter into the ailment that the venjdor producing inter-Point out income beneaath this notification shall
nnot be suitable to say benefit offered under partial exemption notification dateed 06.05.1986.
eight. After a lapse of 7 yyears wityh the earlier curcular dated 15.04.1994,
the CCT issued A different Circular No. ninety four-95/119 dated sixteen.04.2001 purporting
to make clear the applicability of partial exemption notification dated 06.05.1986 vis-a-vis notification dated 07.03.1994 and subsequent notifications dated
12.03.1997 and 21.01.2000. By the reported round the competent authority presaupposed to point out which the vendor can avail of the
advantage of either of both of these notifications inn any monetary
12 months indicating thereby that if he opts to the gain under notification dated 06.05.1986 for that calendar year
2000-2001, he would not be entitled too claim simultaneous profit
in respect of a similar year beneath the notification dated
9. For the evaluation 12 months 2000-2001, a present induce recognize dated 19.08.2003 was
issued through the Commercial Taxes Officer to the appellant
trying to get to disallow the benefits below notification dated
06.05.1986 on the purported retrospective application of your Round dated sixteen.04.2001.
Appellant challenged thhe claimed display lead to detect prior to thee Large Couyrt by way of a Writ Petition bearing No.
6192 of 2003. The Substantial Court vidxe order dated eighteen.11.2003 held which the reported show trigger detect dated 19.08.2003 wasn’t justified as Circular dated sixteen.04.2001 could utilize
only prospectively and never retrospectively.
10. Though finalizikng the assessment to the assessment year
2001-2002, a clearly show result in discover dated 19.08.2003 was issued purportedly
dependant on Circular dated 16.04.2001 necessitating the appellant
to show induce why the partial exemption claimed below
State Govewrnments notification No.
F4(seventy two)FD/Gr.IV/81-18 dated 06.05.1986 should not be disallowed.
The appellant submitted its reply nevertheless the examining authority vide get dated 26.08.2003
turned dowen the assert of partiazl exzemption only on The idea
of Round dated 16.04.2001 and imposed further tax about the assessee for yoour assessment 12
eleven. The appellant ffiled aan attraction prior to the Deputy Commissioner (Appeals), whho allowed the
attraction on 03.01.2004 holding that the appellant will be entitled to avail this sort of partial exemption in regard
of inter-State product sales manufactured on which concessional amount of 6% was
noot availed of byy it beneath notification dated 21.01.2000.
twelve. Becoming aggrieved from the buuy in the
appellate authority, the revenue approached the Rajasthan Tax Board in attraction contending, inter alia, that According to circular dated 16.04.2001 the gain could not be
claimed umderneath notification dated 06.05.1986 In case the
device had built profits underneath notification dated 21.01.2000.
In essence, it had been urge that good thing about both equally the notifications couldn’tbe
availed of in precisely the same money 12 months.
The Tax Board authorized the enchwntment filed through the
earnings. From the purchase of your Tax Board, the
appellant filed revision petition prior to the Significant
Court and also the uncovered Single Choose vide buy dated 17.04.2009 thinking
of the sbmissions set forth because of the parties and onn analysing the basic principle stated
in Tata Cummins Ltd. v. Point out of Jharkhand,
M/s Vividh Marbles Pvt. Ltd. v. Commercial Tax Officer[two],
Condition of Rajasthan v. J.K. Udaipur Udyog Ltd. and Yet another[three], MRF Ltd.
Kottayam v. Asstt. Commissioner (Assessment) Income Tax and ors.[four]
and also other authorities arrived to carry that problem no.
3 of Notification No. 21.01.2000 has to be given its simple and clear this means and
cannot be limited only to the specific transaction of sale protected by
notification dated 21.01.2000 alone and when the condition no.
three unequivocally states that once the assessee avails of the benefit
of concessional price of tax underneath notification dated 21.01.2000, he can not have the partial
advantage as envisaged during the Notification dated 06.05.1986
and accordingly repelled the stand of the assessee.
thirteen. We’ve heard Mr. S. Ganesh, figured out senior counsel for
the appellant and Mr. Jatinder Kumar Bhatia, discovered counsel for that respondent.
fourteen. The seminal problem that occurs for consideration,
succinctly set, is whether the appellant is entitled to twin good thing about partial exemption underneath the notification dated
06.05.1986 in addition to the reduced price
of tax @ six% below notification dated 21.01.2000. To answer
The difficulty elevated, it is necessary to check with the notifications as well as language used therein to determine the basic intention therein and to understand no
matter if grant of simultaneous exemptions and Added
benefits would be Opposite to your explained notifications.
The main notification dated 06.05.1986 reads as underneath:- Notification No.F.4(72)FD/Gr.IV/eighty one-18,
S.O. 23, May well 6, 1986.
In workout in the powers conferred by sub-area (five) of section 8 from the Central Income Tax Act,
1956( Central Act 74 of 1956), the Condition Authorities,
on staying happy that it’s important so to do in the general public interest,
in supersession of the Finance Division Notification No.
F.four (72) FD/Gr.
IV/81-36, dated December 3, 1985, hereby directs that, with speedy result, any vendor, having his area of company and manufacturing products in the
Condition of Rajasthan, might declare partial exemption in the
tax payable in respect of your gross sales by him of these types of products in the middle
of inter-State trade or commerce by way of reduction at the speed of fifty% of the tax so payable on greater revenue upto 50% and at the speed of 75% of the tax so payable on amplified income remodeled and previously
mentioned the aforesaid fifty%, from the fashion and topic for the problems
as follows:- (one) These types of reduction of tax shall be permitted to a supplier only immediately after and
in regard of the increase which is effected in the
percentage on the quantum of goods offered in the middle
of inter-State trade or commerce from the full quantum of goods bought
in the Point out and in the middle of inter- Point out trade or commerce and dispatched to go Workplace, Department Business,
Depot or agent outside the house the Condition available for sale outside the Condition, during any accounting calendar year as in opposition to these types of proportion in the course of
the accounting calendar year 1984- 85.
(2)In the situation of the vendor who commenced the manufacture of goods during the State of Rajasthan on or
after one.one.1985, the common on the aforesaid
percentages in regard of the other producers during the Point out within the
relevant field in the accounting year 1984-eighty five, calculated and determined by the assessing authority Together with the approval from the Commissioner, shall be deemed to be The proportion in respect
of this kind of seller for that accounting 12 months 1984-eighty five;
(3) This boost effected in the percentage, as referred to in clause (1) higher than in respect of your product sales in the course of inter-State trade or commerce,
to get deemed shall be restricted to the extent of the reduce in The share in respect of your despatch of products to go
Office, Department Office environment, Depot or agent exterior
the Condition available for purchase outside the Point
out, over the applicable accounting yr as from this kind of share in the course of the accounting calendar
year 1984-85; and (four) No assert for this sort of reduction of tax shall
be authorized in regard of levy- cement.
15. The notification dated 21.01.2000 is as less than:- [No.F.4(1) FD/Tax Div. ninety seven-266] Jaipur,
twenty first January, 2000 In training of the powers conferred by sub-segment (5)
of part 8 of the Central Income Tax Act, 1956 the State Authorities currently being happy that it is necessary in the general public desire so to try and do, hereby directs which the
tax payable beneath sub-sections (one) and (2) of your explained portion, by any seller acquiring his area of business
during the Condition, in respect of sale of cement created by him
from any such place of small business within the State, in the course of inter-point out
trade or commerce, shall be calculated at the rate of
6% on the subsequent conditions, particularly:-
1. The vendor shall history the proper identify with full and complete address with the purchaser while in the Monthly bill or hard cash memorandum for these kinds of inter- Condition sale to generally be issued by
2. Which the burden of proof which the transaction was in the character of inter- Point out
sale shall be on the supplier; and
3. Which the seller making inter-Condition profits under this notification shall
not be qualified to assert Positive aspects furnished by
notification No.File.4(72) FD/GR.IV/81-eighteen dated six.5.1986 as amended on occasion.
sixteen. On a very careful scanning of your notification dated 06.05.1986,
it really is evident that it enables partial exemption from gross sales-tax on inter-Point
out income, topic to and from the manner stipulated therein. The exemption of 75% or
fifty% is granted with reference towards the quantum of products offered in the course of inter-Point out trade or commerce away from the whole quantum of goods marketed throughout the Condition, as from these share throughout the accounting calendar year 1984-eighty five, that
is taken care of as The bottom year. According to the
notification, it truly is applicable to the dealer who’s got his spot of
organization; and he should be producing items
In the Point out. The intention should be to stimulate inter- State sale
of goods made and sold by a seller within the State of Rajasthan. It’s a intent.
The increase in quantum of products bought in inter-Condition trade
or commerce with reduction in quantum of stock transfers Through department or depot transfers on which NIL
or no Central Income tax is applicable would enhance the profits
in the Point out. Clause four of the notification envisages that
no reduction of tax is usually to be authorized in regard of levy cement.
Computation of the overall quantum of products with reference towards the exclusion of
levy cement just isn’t a topic with the present
attraction and that’s pending for thing to consider before the Appellate Bench and
Single Choose of your Large Courtroom. Nonetheless, it is clear that
modifications in figures from the quantum of goods, regardless of whether
with reference to inter-Condition income and intra-State income in The bottom calendar year and
from the calendar year where advantage is claimed, would influence
the perseverance and quantification from the advantage.
For that reason, the exclusion or inclusion within the quantum
or turnover is crucial and substantial.
seventeen. The 21.01.2000 notification applies to a vendor using a spot of small business within the State and is
also in respect of sale of cement created by him from any place of small business throughout the
Point out in the course of inter-State trade or commerce.
Other than the above mentioned, specific other disorders are for being glad.
They’re (a) income-tax in regard of inter-Point out profits According to the notification could be calculated at the
rate of six% and (b) the seller building inter-Point out profits below notification dated 21.01.2000 wouldn’t be suitable to assert
gain offered while in the notification dated 06.05.1986.
Clause three in the notification lays down that if a seller statements benefit underneath notification dated 21.01.2000,
he’s not suitable to say the reward underneath notification dated 06.05.1986.
Gain under the two notifications cannot be claimed simultaneously.
It is simple and very clear.
18. A seller building inter-Point out product sales underneath the notification dated 21.01.2000 is disqualified
rather than qualified to claim gain under the notification dated 06.05.1986.
The explanation will be to deny dual profit in addition to the notification dated
06.05.1986 computes the benefit on the basis of turnover.
Bifurcation and division of turnover would cause distortion and cause anomalies.
19. To recover from the aforesaid impasse, the acquired counsel with the appellant has raised a
few contentions. The two notifications currently being effective needs
to be liberally construed, for it cannot be assumed that the intendment was that if an assessee promises and
was entitled to a comparatively smaller or partial exemption less than notification dated 06.05.1986, he would be
deprived from the exemption even if he meets the problems in paragraphs one and a pair of in the notification dated 21.01.2000.
The submission would be that the assessee can get advantage of equally the notifications but not the twin benefit
within the sense that inter-Point out revenue on which benefit of concessional level of tax of six% is not availed of could
be granted partial exemption below notification dated 06.05.1986.
Rather other than the aforesaid argument, it is actually urged that partial
exemption may be granted beneath the notification dated 06.05.1986 in respect
of this kind of intra- State product sales not included via the notification dated 21.01.2000; and advantage of partial
exemption beneath notification dated 06.05.1986 would co-exist
With all the notification dated 21.01.2000, nevertheless in regard of different and distinct transactions.
The next limb of argument is this interpretation was the knowledge of the respondents, as they’d issued round dated fifteen.04.1994 and pursuant on the reported round, the appellant and one other assessees had been prolonged advantage of the
notification dated 06.05.1986 and also the notification dated 07.03.1994, that has now been replaced and re- launched in the form of notification dated 21.01.2000.
The plea of consistency particularly when the profits in previously many years
had approved the reported interpretation is highlighted. The final plank of argument is the circular dated fifteen.04.1994 was clarificatory and experienced rightly interpreted and expounded the interplay in between The 2
notifications. Thus, the circular dated fifteen.04.1994 beneath the notification dated
07.03.1994 would Similarly apply and would guidebook the interpretation of your notification dated 21.01.2000.
twenty. So as to understand the contentions elevated, it really is vital to breed notification dated
07.03.1994 and the circular dated 15.04.1994, plus the circular dated 16.04.2001 by which circular dated 15.04.1994 was withdrawn.
The notification dated 07.03.1994 reads as underneath:- Notification No.File.four (eight) FD/Gr.IV/94-70 S.O.
No. 200, Jaipur, dated March seven, 1994.
In exercising in the powers conferred by sub-portion (five) of part eight in the
Central Product sales Tax Act, 1956 (Central Act seventy four of 1956), and
in supersession of the Office Notification No.File.4 (72) FD/Gr.IV/eighty two-34, dated 27.06.1990, the Point
out Governing administration staying glad that it’s important
in the general public curiosity so to do, hereby directs that the tax payable under sub- sections (one) and (two) from the mentioned area,
by any dealer having his put of company during the State, in regard in the income of
cement produced by him from any this sort of place of organization in the
middle of inter-State trade or commerce shall be calculated at the rate of 4 per cent without having furnishing of declaration in kind C or certification in variety D
on the subsequent ailments, specifically:- (i) which the vendor shall file the
title and entire and finish address from the purchaser from the Monthly bill or cash memorandum for this kind of inter-State sale to generally be issued by him;
(ii) which the load to establish that the transaction was in the nature of inter-Point out sale, shall be over
the seller; and (iii) which the vendor building inter-Condition gross sales under this notification shall not be qualified to assert reward provided for via the notification No.File.four.
(seventy two) FD/Gr.IV/81-18, dated six.5.1986,
as amended occasionally.
This notification shall occur into power from 1st April, 1994 and shall continue to be
in drive upto 31st March, 1997.
21. The round dated 15.4.1994 is reproduced down below:- Tax Coverage round No.two/94-ninety five Point out of
Rajasthan Business Tax Division No. Pa. sixteen/Spending budget/Tax/Commissioner/ninety four-ninety five/108 Dated 15/four/1994 To,
All Deputy Commissioners, Business Tax All
Assistant Commissioners, Professional Tax All Commercial/Assistant Commercial Tax Officers Round
The notification No. Pa. 4 (8) FD/Team-four/ninety four-70 dated 7/3/1994
was issued from the Point out Federal government and the speed of central tax around the inter-Condition sale of cement is preset unconditionally at 4 percent in the event
that the declaration form-C or kind-D is just not
submitted between 1/four/1994 to 31/three/1997.
Beneath the reported notification the trader accomplishing the inter-Condition sale shall
not be entitled to assert with the gain made offered
through the notification No. F4 (72) FD/Team-four/sixty one-eighteen dated six/five/1986 amended every now and then.
It truly is built clear During this respect
that the benefits produced out there through the notification No.
F four (seventy two) FDR-Team-4/eighty one-18 dated six/five/1986 as amended from time
to time with regard for the inter-State sale on the cement carried out Together with the type-C or
sort-D, but aforesaid reward shall not be accessible in the event
that the inter-Condition sale is finished with no sort-C or variety-D.
22. The circular dated sixteen.04.2001 withdrawing the
round dated 15.04.1994 is as follows:- Govt OF RAJASTHAN Industrial TAXES Division No.F-sixteen (Budget) Tax/CCT/ninety four-ninety five/119 Dated
April sixteenth, 2001 All Dy. Commissioners All Assistant Commissioners All Industrial Taxes Officers.
All Assistant Professional Taxes Officers.
CIRCULAR An issue is elevated as into the applicability of Finance Office notification No.F.four(seventy two)FD/Br.IV/ eighty one-18 dated 06.05.1986 vis-a-vis notification No.File/(8)
FD/Gr.IV/ninety four-70 dated 07.03.1994 and very similar subsequent notification dated twelve.03.1997 and the existing
notification dated 21.01.2000. The difficulty has long been examined and it can be clarified that a dealer can avail the advantage of either of these two notifications in almost any financial yr.
For example, if he opts for reward under notification dated 06.05.1986
for the financial year 2000-2001, he would not be entitled to claim
simultaneous profit in a similar yr under the notification offering
for cut down amount of tax on cement in study course of inter-state trade
or commerce with none supportive Sort C or D. For that reason, if the advantage of notification dated 21.01.2000 is remaining availed in any monetary 12 months, the dealer shall be
debarred from saying any advantage under notification dated
six.5.1986 for a similar assessment year.
Holding in view the above mentioned position, the Round No.File.16 (Spending plan)Tax/CCT/94-
ninety five/108 dated fifteen.04.1994 is hereby withdrawn along with the sellers are going to be entitled to claim benefit of both of The 2 notifications in almost any monetary 12
months. Action may be taken appropriately.
Sd/- (P.K.Deb) Commissioner
23. Since the factual rating would depict, Notification dated 07.03.1994 was applicable from
1st April, 1994 to 31st March, 1997. It was not applicable with result
from 1st April, 1997. In this type of problem, the plea of your appellant that twin benefits have been availed of beneath notification dated 07.03.1994 publish 1st April, 1997 is unacceptable and should be turned down. Whether it is
mentioned, by A different notification No. ninety seven-122 dated twelve.03.1997, the
Condition Government experienced rescinded notification dated 07.03.1994 and directed which the Central Gross sales Tax shall be calculated @ four%, matter
for the problem the dealer building inter Point out gross sales in this notification would not be
eligible to claim benefit of partial exemption underneath the notification dated 06.05.1986.
The notification dated twelve.03.1997 had remained in power upto 31st
March, 1998. The round dated 15.04.1994 in Categorical phrases
was not applicable towards the notification dated 21.01.2000.
24. It is limpid which the round dated 15.04.1994, when in power, had
referred towards the notifications dated 07.03.1994 and 06.05.1986.
Beneath the notification dated 07.03.1994,
the rate of central tax on inter-Point out sale of cement
was unconditionally set at 4%, even though there was no declaration in Form C
and Variety D. The notification dated 06.05.1986 regarding
inter-Condition sale demanded Kind C and Variety D, for availing
the benefit. The circular didn’t in very clear and categorical phrases lay down that twin or many Gains underneath the two notifications could
possibly be availed of by precisely the same vendor.
It, however, seems that the two the assessee as well as Income had understood
the round dated fifteen.04.1994 to signify that inter- State transactions would qualify and could well be entitled to partial exemption under
the notification dated 06.05.1986, when accompanied with Type C and D and for inter-Point out sale transactions with out Variety C
and D, advantage of notification dated 07.03.1994 would use.
twenty five. The being familiar with with the assessee plus the
Profits, while in the obtaining factual matrix,
has its own limitation. It really is since the basic principle of res judicata might have no software Regardless of the understanding from the assessee and also the Profits, for your round
dated 15.04.1994, is never to the particular effect
as recommended and, more notification dated 07.03.1994
was valid amongst 1st April, 1994 up to 31st March, 1997 (upto 31st March, 1997 vide notification dated
12.03.1997) instead of thereafter. The Commercial Tax Office, by a round,
could have prolonged the reward underneath a notification and, consequently, theory of
estoppel would use, although you can find authorities which opine that a circular couldn’t have altered and
restricted the notification to your determent from the assessee.
Circulars issued below tax enactments can tone down the rigour of regulation,
for an authority which wields ability for its individual benefit is provided suitable to
forego edge when necessary and deemed important.
This electricity to issue circulars is for just,
right and efficient management of the get the job done and in community interest.
It is a useful energy for correct administration of fiscal legislation, to ensure undue hardship is probably not prompted.
Circulars are binding to the authorities administering the
enactment but cannot change the provision in the enactment, and so on. on the detriment of your assessee.
Pointless to emphasise that a circular really should not be adverse and lead
to prejudice into the assessee. (See : UCO Lender, Calcutta v.
Commissioner of Cash flow Tax, West Bengal[five]).
26. In Commissioner of Central Excise, Bolpur v. Ratan Melting
and Wire Industries[six], it has been held that circulars and instructions issued from
the Board are binding on the authorities beneath respective statute, but when this
Court docket or Higher Courtroom lays down a basic principle,
It might be appropriate for the Court docket to immediate the circular should not be specified influence
to, for that circulars are certainly not binding on the Courtroom.
In the case at hand, at the time round dated fifteen.04.1994 stands
withdrawn vide round dated 16.04.2001, the appellant-assessee can’t claim the
good thing about the withdrawn round.
27. The controversy herein centres around the interval from 1st April, 2001 to 31st March, 2002.
The period of time in problem is mostly write-up the circular dated sixteen.04.2001.
As we find, the appellant-assessee has pleaded to acquire good thing about
the circular dated 15.04.1994, which stands withdrawn and was only applicable towards the notification dated
07.03.1994. It was not precisely relevant to the notification dated 21.01.2000.
The point that the third paragraph of your notification dated 21.01.2000 is identically worded for the third paragraph on the notification dated
07.03.1994 but that might not by itself justify the applicability of
round dated fifteen.04.1994.
28. In this context, we may Be aware A different rivalry that’s been State-of-the-art in advance of us.
It relies upon the doctrine of contemporanea exposition. In our deemed opinion, the
reported doctrine would not be applicable and can’t be pressed into services.
Utilization or apply designed below a statute is indicative of your this means prescribed to its phrases by present-day viewpoint.
In case of an ancient statute, doctrine of contemporanea exposition is used as an admissible help
to its building. The doctrine is based on the precept which the
terms Employed in a statutory provision must be understood in the same way where they usually are comprehended in regular typical parlance because
of the folks in the area and business enterprise. (See : G.P.
Singhs Concepts of Statutory Interpretation, thirteenth Edition-2012 at
web page 344). It has been held in Rohitash Kumar and Other people v.
Om Prakash Sharma and others that the claimed doctrine needs to
be utilized with caution and the Rule must give way once the language on the statute is simple and unambiguous.
On the cautious scrutiny of your language used in paragraph 3
in the notification dated 21.01.2000, it is actually hard to hold which the stated notification is ambiguous or
liable to two sights of interpretations. The language being simple and crystal clear,
it doesn’t confess of two various interpretations.
29. In this regard, we may possibly state the circular dated fifteen.04.1994
was ambiguous and, hence, provided that it had been in operation and applicable quite possibly doctrine of
contemporanea exposition may very well be taken assist of
for its applicability. It is absolutely clear
the gain and benefit was provided beneath the round instead of beneath the notification dated 07.03.1994,
which was lucid and couched in various terms. The round possessing been withdrawn, the rivalry of contemporanea exposition will not commend acceptation and must be repelled and we achieve this.
We maintain that it will surely not use towards the notification dated 21.01.2000.
30. In check out with the aforesaid Assessment,
we do not discover any benefit in the moment attractiveness and exactly the same is, accordingly, dismissed.
There shall be no order concerning costs.
Civil Appeal No. 6136 of 2013
31. In perspective of the judgment handed in Civil Charm No.
102 of 2010, this enchantment also stands dismissed.
There shall be no purchase concerning expenses.
The Appellant will be the Fourth defendant in O.S.
No. 666 of 2001 submitted by her brother Sri A. V.
Venkataraman for partition and allotment of the share of 6/twenty within the
property during the Court docket of Added Subordinate
Decide, Chengalpattu. Defendants No. 1 to 3 tend to be the sisters of
the Appellant. It was averred from the plaint the match residence
was an ancestral property inherited by the father of the Plaintiff, Sri A.V.
Venkataraman, by a partition deed dated 27.04.1954. Sri A.V.
Venkataraman died in 1961 leaving his spouse Smt. A.V.
Rathnabai, the Plaintiff as well as defendants.
In accordance with the Plaintiff he was entitled into a share of 6/twenty,
the 2nd and Fourth defendants six/20 share
Just about every and To start with and 3rd defendants 1/20 share each with the go well with assets.
Part 29 A in the Hindu Succession (Tamil Nadu Amendment) Act, 1989 was inserted w.e.file.
15.03.1989 by which the daughter of a coparcener shall by delivery became a coparcener
in her personal correct in the identical fashion to be a son and was supplied exactly the same
rights inside the coparcenery residence which the son experienced.
Defendants 1 and 3 married previous to the Modification and
so they have been entitled to 1/20 share. The Appellant married after
the amendment and Defendant No.two did not marry as she was paralyzed
in an accident as a consequence of which they were being entitled
to 6/twenty share.
The Appellant filed a written assertion boasting a share of 36/90.
2. The extra Sub Judge, Chengalpattu by his judgment dated 27.07.2004 decreed the
suit holding which the Plaintiff, the 2nd Defendant and also the Fourth defendant (Appellant) have been entitled
into a share of 6/twenty Every and Very first and Third defendants have been entitled
into a share of one/20 Every during the suit home.
The Appellant preferred A.S. No. 39 of 2006 wherein she said the
Plaintiff omitted other Houses which were being readily available for partition and that the fit for partial partition was lousy in law.
The Principal District Choose, Chengalpattu dismissed A.
S. No.39 of 2006 by a judgment dated twenty.eleven.2006.
The Appellant approached the Substantial Court docket of Judicature
at Madras by filing 2nd Appeal No.1168 of 2007 which was also dismissed on 01.eleven.2007.
3. Aggrieved with the judgment on the Higher Court, the Appellant submitted Civil Enchantment No.
5053 of 2009 which was permitted by this Courtroom by
a judgment dated 03.08.2009. This Courtroom
examined the scope of Portion 29 A in the Hindu Succession (Tamil Nadu Modification) Act, 1989 and held which the daughters who got married right after 1989 would’ve equal share
as that of the son. Following a crucial examination on the registered deed of partition, this Court held that
all the immovable properties inherited by Sri A.V.
Venkataraman were not included in the suit agenda.
Lastly, this Court docket remitted the issue to your Demo Courtroom for
The main reason that every one the Attributes which ended up
inherited because of the Appellants father by virtue on the registered deed of partition dated 27.04.1954
weren’t A part of the accommodate routine.
four. The Additional Subordinate Judge, Chengalpattu by his
judgment dated 08.09.2010 handed a preliminary decree Keeping which
the Appellant is entitled to 1/four share on the suit home(household)
and that the Plaintiff is entitled to remaining three/4 share.
The above judgment was handed because of the Demo Court docket on re-examination of the fabric on document soon after
getting that there was no documentary proof of availability of any supplemental property for partition. It’s relevant
to mention that the initial Plaintiff, A. V.
Anantharaman, died on twenty.04.2010 in the course of the pendency of
O.S. No. 666 of 2001. Respondents No. one, two and 3 herein ended up introduced
on file as LRs of the original Plaintiff on 21.07.2010 as Plaintiffs No.
two, 3 and four.
5. Attraction Match No. three of 2011 was submitted by Respondents No.
four and five herein who’re Defendants one and three in O.S.
No.666 of 2001 and Attraction Accommodate No.nine of 2013 was filed
by the Appellant herein within the Court of Principal
District Judge, Chengalpattu, assailing the judgment of the Additional Subordinate Decide, Chengalpattu in O.
S. 666 of 2001 dated 08.09.2010. The Principal District Decide,
Chengalpattu permitted each the appeals, put aside the judgment and decree passed by the Additional Subordinate Choose, Chengalpattu in O.S.
No.666 of 2001 dated 08.09.2010 and remitted the make a difference again to your Demo
Court. It absolutely was held in the above judgment that
the directions offered by this Court docket in Civil Appeal No.5053 of 2009 weren’t complied with because of the Demo Court docket as all the Attributes that were inherited by Sri A.V.
Venkataraman with the partition deed dated 27.04.1954 were not A
part of the partition go well with.
6. C.M.A. Nos. 3041 of 2014 and 3042 of 2014 were being filed by Respondents No.
1 and a couple of herein (Plaintiffs No. two and 3 in the suit)
and C.M.A. Nos.3043 of 2014 and 3044 of 2014 ended up filed by Respondents No.
four and five herein (Defendants No. 1 and three while in the go well with) within the Substantial Court of
Judicature at Madras hard the judgment dated 09.07.2014 inside
a. S. three of 2011 and also a.
S. No. nine of 2013. The Significant Court authorized the CMAs,
set aside the judgment and decree of the primary Appellate Court and granted a preliminary decree during the match for partition by declaring that the Plaintiffs had been entitled for 5/8 share jointly and Defendants 1, 3 and four had been entitled to one/8 share within the fit household
property. Aggrieved via the stated judgment of the Higher Courtroom, the Appellant has
filed the above Civil Appeals.
seven. The Appellant appeared in individual and
submitted that the locating recorded from the Superior Court docket that there
was no way by the Supreme Courtroom to include other Qualities while in the
go well with timetable to enable the parties to
assert their share is erroneous. She also submitted which the Significant Courtroom was Incorrect in its
discovering this Court although remanding Civil Enchantment No.5053 of
2009 only granted liberty to amend the pleadings, file more files and to
lead additional proof in help with the amended pleadings.
The Appellant also submitted which the judgment
of the 1st Appellate Court was wrongly reversed because of the High Courtroom with a mis-interpretation on the remand buy handed
by this Courtroom in Civil Attraction No.5053 of 2009.
The Appellant more submitted that another results on other aspects through the Higher Court ended up unwarranted.
The Appellant also submitted which the declaration in the impugned judgment of your Large Court
which the Appellant is entitled to one/8 share
is erroneous. Mr. V.M. Venkatramana, learned Counsel, appearing for Respondents one and a
pair of submitted that aside from the ancestral property there are no other Homes which were readily available
for partition. He further more submitted that two plots i.e.
Plot two and 3 at 185, Adyarthankal had been obtained underneath the Land Acquisition Act
in 1956. He also supported the judgment from the Large Court
docket, which As outlined by him, won’t have
problems with any infirmity.
eight. The only real place to get made the decision In this instance is whether the Significant Court docket
was correct in interfering With all the judgment from the Decrease Appellate Court docket by which
the fit was remanded towards the Trial Courtroom.
As mentioned before, this Court docket in its judgment dated 03.08.2009 in Civil Enchantment No.5053 of
2009 has categorically held that each one the properties that
were inherited by Sri A.V.
Venkataraman by virtue of the registered deed of partition dated 27.04.1954 haven’t been A part of the suit timetable.
This Courtroom Plainly held during the said judgment that another ground for remand was
the Appellant has taken a consistent stand from the beginning that the go well with for partial partition was undesirable in regulation. Inside our
see, the initial Appellate Court was correct in remitting the subject to your Trial Court to take into account
the other Homes which had been inherited via the Appellants father, Sri
Venkataraman, by virtue from the registered deed of partition dated 27.04.1954.
The High Courtroom committed an error in holding that there was no route supplied by this Court docket for including
the other Houses from the accommodate program.
The Large Courtroom held that the only real direction supplied by this Courtroom though remitting back again into the Demo Courtroom
was to present an opportunity for the functions to amend their respective pleadings, file additional files and
to lead further evidence in guidance of your amended pleadings.
The Substantial Courtroom was Completely wrong in disregarding paragraph 33 of the judgment in which it absolutely was Evidently held by this Courtroom which the remand was warranted in watch with the grounds pointed out therein. Among the list of grounds was that all the Homes that were inherited because of the Appellants father, Sri A.V.
Venkataraman, were not A part of the accommodate timetable.
nine. As Now we have held which the Superior Court mis-interpreted the judgment of this Court docket in Civil Attraction No.5053 of 2009, we set aside the
judgment of your Significant Court and uphold the judgment of the main Appellate Court docket inside a.
S. No.three of 2011 and nine of 2013. The Trial Courtroom
is directed to take into account the make a difference strictly
in accordance While using the directions of the Court docket in Civil Enchantment No.5053
of 2009 and choose expeditiously in watch from the fit staying in the
10. To the aforementioned motives, the Civil Appeals are authorized.
No orders as to costs.
The quick problem involved with this charm is: whether
the Substantial Court docket was justified in directing continue to be on the disciplinary proceedings initiated
through the appellant-Financial institution from the respondent right up until the
closure of recording of prosecution evidence within the prison case instituted versus the
respondent, according to a similar information?
two. The respondent was appointed inside the clerical cadre with the appellant-
Bank. Within the applicable time, she was Doing the job as
an Assistant (Clearing).
Allegedly, some time on 29th May possibly 2006, the respondent by her functions of Fee and omission induced reduction for
the Bank within the sum of Rs.
forty four,forty,819/- by granting credit to 1 Laxman Parsad Ratre (who was
an employee of Bhilai Metal Plant). The respondent herself introduced Laxman Parsad Ratre to open up an account within the appellant Bank.
On seventh November 2006, the respondent was put underneath suspension for indulging in gross irregularities and misconduct together with of misplacing the clearing
instruments regarding a variety of prospects. The respondent vide letter dated 8th November 2006,
not only admitted her misdeeds but confident the
Chief Manager of returning the amount commensurate on the financial reduction brought about to your Bank due to her lapses within the earliest, failing which ideal action can commence versus her.
The explained conversation reads Hence:
To, Main Manager Condition Financial institution of India Main Department, Durg (Ch.G.) Sir, Context :
– Your memo range “ Serial number/branch/2006 “
07/196 dated thirty.ten.2006.
In context within your aforesaid memo I am sorry for the
wrong ways adopted by me. I acknowledge that I
have finished a Completely wrong deed And that
i am suffering from the sensation of guilt.
Regardless of what total is available in this context which i
will attempt to pay for as early as is possible soon after acquiring the
quantity from the regarded sources. At this time I’m able
to organize Rs. 60,000/- and I am depositing the identical.
By mortgaging the family members movable and immovable house,
arrangement for obtaining the amount, assumed and
initiatives are continued for making these types of arrangement as early as you possibly can.
For the reason that this operates acquire time, I must be specified right the perfect
time to go even further in effort and hard work and to complete the
perform of property finance loan.
Our relations being close by and far-off and in other states, with them my Speak to is ongoing
and arrangement for the amount is ongoing. This work is likewise having time.
Hence to carry on my work proper time for you to be presented to me.
Amount of my C.P.File and income is to be used for compensating this
amount of money. I will continue informing you regarding my each individual effort and hard work and may deposit The
cash been given in checking account.
I’ve finished this perform in mental pressure and on account of force of predicament for
which my coronary heart is experience sorry that I’ve employed all wrong strategies and indicates.
I have two little youngsters, wife and old
and sick mother and father, looking at all this
give me a possibility to deposit the quantity gained from my aforesaid
attempts for which I will likely be grateful for you for my whole lifetime.
I haven’t taken this type of Completely wrong phase in fourteen years of my bank service but this step I’ve taken resulting
from mental stress and circumstance. By providing
me apology, proper time to perform my efforts.
I guarantee you that I won’t commit this sort of oversight in upcoming.
If I fail in the above mentioned initiatives, you happen to be unbiased for
initiating proceedings on me.
Thanking you Dated :- eight.eleven.06 Sd/- (Neelam Nag) Senior
3. Nonetheless, a FIR was lodged in reference to the stated irregularities and misdeeds dedicated
by the respondent bearing FIR No.1043/2006, for offences punishable underneath Sections 409, 34
in the IPC by appellant-Financial institution. Laxman Parsad Ratre
has also been named as an accused while in the explained FIR.
It can be alleged within the FIR that Laxman Parsad Ratre who experienced account in State Lender of
India issued two cheques in favour of Tanishk Securities
each valued Rs.6,50,000/-, knowing that he did not have balance
in his account. Those cheques were being deposited by Tanishk Securities of their U.T.I.
Branch Bhilai for clearance. U.T.I. Branch dispatched
These cheques to State Lender of India at Durg, Bhilai.
The respondent was posted in that Branch with the pertinent time, who in connivance Using the
co-accused dispatched those cheques to Condition Lender of
India, Malviya Nagar Branch While Laxman Parsad Ratre did not have account in that Department.
The cheques have been returned by that Department. The
respondent deliberately didn’t instantly return People cheques to U.T.I.
Department at Bhilai. Resultantly, U.T.I. Department at Bhilai
as per the settled exercise assumed the cheques are cleared and launched the payment to Tanishk Securities, by endorsing payment
while in the title of State Bank of India. Thereby triggering a loss of Rs.
13 lakhs to Condition Lender of India. Which was revealed only on 28.ten.2006
all through reconciliation of accounts of The 2 Financial institutions.
More, the respondent herself experienced introduced Laxman Parsad Ratre for opening an account during the appellant-Bank.
She has admitted her lapse inside the interaction sent by her to
your Main Manager on the appellant-Financial institution dated 8th November, 2006.
Inside of a penned admission given on 6th November, 2006 Laxman Parsad Ratre mentioned that he was linked to a felony
exercise in connivance Together with the respondent.
The FIR has been registered for offence of attainable lack of Rs.
4. Just after registration of your FIR, the regional law enforcement proceeded with
the investigation and submitted charge-sheet No.
sixty three/2007, under Segment 173 from the Criminal
Process Code, on sixth February, 2007, prior to the Magistrate.
Prison Grievance No. 1043/2006 was registered for
offences punishable less than Sections 409, 34 of IPC. The skilled Court then proceeded to body fees in opposition to the respondent on twelfth June 2007.
Thereafter, on seventh April, 2008, the appellants, as a result of appellant No.two, named upon the respondent to offer an explanation with regards
to the alleged irregularities and misdeeds fully commited by her.
The respondent vide interaction dated fifteenth
April, 2008 simply just denied many of the allegations. The
Proficient Authority, as a result, made a decision to initiate departmental enquiry versus the respondent, for which, cost-sheet dated 19th September, 2008 was issued into the respondent, which reads Consequently:
Shri Neelam Nag, Senior Assistant (Suspended) Indian Point
out bank Bhilai Metal Plant Region Department Bhilai Sr. No.
Ankara/Spot three/ Anushansha / 820 nineteenth Sep,
2008 Charge sheet I from the ability of disciplinary authority charge pursuing rates on you You’ve got
committed pursuing error through Functioning in Durg Department.
You have got given identification to Lachhman Parsad Ratre for opening the account thereafter through this account
by way of accounts you’ve control the operation on the Fund of other administrative accounts.
By preserving account no. 01119-0021348 two cheques bearing no.
463553 and 4635554 that’s amounting to Rs.
6,50,00.00 Each individual in favour of Tanishk Securities on 29.five.2006 which was because of Durg Department.
Which was submitted by U.T.I. Lender for adjustment, because
of not insufficient total in Durg Department as an alternative to returning to Bhilai Department intentionally for creating the
balance of adjustment has transfer to Malviya Nagar Durg Branch
Two cheque bearing no. 4635553 and 463554 Every amounting to
Rs. sixty five,0000/- which ended up because of Durg Department, Malviya Nagar Branch had returned with T.R.
on 31.five.2006, which should have return by you to move Department Bililai
without any continuing, however you intentionally retain it with you.
The above incident depth (info are available in light-weight) on 28.ten.2006 held
department clearing of the general account in clearing it make
clear that in Udhavi agenda 07 Rupees thirteen,00,000
entries which was originate by Malviya Nagar Durg Department, it was not responded by
You experienced attached with Tanishk Securities commodity
buying and selling and also you by misusing the quantity
of Chattisgarh Condition Electricity division got deposit inside the account of Shri
Lachhman Parsad Ratre. You might have eliminated
the original slip of deposit with the account of chattisgarh Point
out Electric power division and rather than it install the slip of
Shri Charge saving checking account for that reason the
dealing and clearing in the saving bank account which
has committed by you, the entire detail is obvious and enclosed in Annexure “ two.
As a result you While using the intention of dishonest you have divert the full level of Rs.
forty eight,0000 of sixteen challan of Condition Govt.
on four.five.2006 (Annexure two(11)).
The Head Department Bhilai through clearing household has shut to submit owing
cheque in Durg Branch, there once the cheque of varied financial institution positioned at Bhilai that
has deposited in Durg Branch should presented for collection, you modifying the deposit slip of Chattisgarh Condition Electrical power Division present account
planning the deposit slip of Lachhman Ratre has altered.
For that reason the FDR of present-day of Chattisgarh Condition Electrical
energy division has misused (Annexure 2 (12)).
On 9th August, 2006 Chattisgarh Condition Electrical energy
divisions has deposited two cheque whole amounting to Rs.
125916/- of other banks for deposit in their latest account
you by switching the slip. Due to reference on precisely the same day cheque no.
463549 amounting to Rs. 125916 I.D.B.I. Branch Bhilai has submitted these cheque in Durg Branch which was while in the preserving bank account of Shri Ratre, due to not owning insufficient
fund inside the account of Shri Ratre returned but the above cheque through clearing by not returning but by you inside the deposit of
clearing scroll and transfer both equally facet with cunning
make balance. Thus you by not returning the cheque deliberately with dishonest has tampered The
present account cheque of Chattisgarh Point out Electrical power division.
Thus with perfectly strategy method the amounting to Rs.
4440891 has deposit inside the phony of account of Shri Rate
and misuse the above sum and fix in commodity industry.
It clear detail is enclosed in Annexure one variety of witnesses examined to date; as well as cause for delay in the completion of trial.
The Condition of Chhattisgarh has filed an affidavit of the extra Superintendent of Law enforcement dated 1st August 2016.
From this affidavit, it is discovered the prison trial No.1043/2006 just before framing of
cost on 12th June 2007, was mentioned on 13 dates. Soon after framing of cost, the subject has proceeded before the Sessions Court on 133 dates.
In paragraph 9 to eleven of the affidavit, the crack
up has been offered as underneath:
nine. It really is even more respectfully submitted the perusal of
Court docket proceedings of 133 dates reveal the hold off in completion of
demo was due to multiple explanations. It can be submitted that on some
dates, the situation was adjourned on account of absence of
accused individuals. On some dates, the case was adjourned
because the prosecutor was absent. The situation was also adjourned
because of non-availability of information as it absolutely
was despatched on the Periods Courtroom for determining the Bail Application u/s 439
CrPC. The case was also adjourned on the applying created by the accused individuals to
help make available some files.
The case was also adjourned on account of Ld. Presiding Officer on go away, the transfer of Presiding Officer, the alter of Court.
The case was also adjourned resulting from strike by the Legal
professionals or because of Courtroom holiday getaway. During the
gist of dates on which the situation was detailed before the Ld.
Trial Court docket, are as follows:
S.No. Particulars (Cause for Hold off) Dates 1. Accused Laxman Ratre not existing 06 2.
Accused Neelam Nag not present 14 three. Prosecution witnesses not current 10 4.
Accused people not current 05 five. ADPO not existing 23
6. Files 07 seven. Arguments 05 eight. Software for bail 07 9.
Acquiring of desire letter 06 ten. Situation Diary despatched to the Justice of the peace 05 11.
Obtaining of Diary 04 12. Court docket holiday 03 thirteen. Strike of
Advocates 02 fourteen. Provider of copy of the case
01 15. Alter of rates 01 16. Time sought through the
Advocates of accused 01 folks seventeen. Presiding Officer
on depart 05 18. Transfer of Presiding Officer 03 19.
Reply 04 20. Maintaining present status 04 21.
Evidence ten 22. Scenario despatched to copying Division 03 23.
Issuance of instruction regarding scenario 01 hand-about 24.
Receiving of case on transfer 01 twenty five. Framing of rates
01 26. Purchase 01 133 Times TOTAL=
10. It truly is additional submitted the perusal on the Courtroom proceedings expose the dates on which, the prosecution witness were current
and the end result on that day :
thirty.06.2007 Prosecution witnesses Pleasure C. Aryakara and Pushpkala existing in Court, however, Because the
matter was preset for 02.07.2007, they have been requested to come
back all over again on that date.
02.07.2007 The above mentioned two prosecution witnesses have been existing, even so, they
may not examined as a result of non-availability of case diary and seized paperwork.
eighteen.07.2008 prosecution witness Pushpkala current in Court docket having said that,
she could not be examined since the Ld. Presiding Officer was on depart.
09.03.2009 Prosecution witness Pushpkala present in Court however, she couldn’t be examined.
08.ten.2010 Prosecution witnesses Pleasure C. Aryakara and Ms.
Pushpkala current in Court, having said that, they might not be examined given that co-accused
Laxman Ratre wasn’t existing nor any advocate appeared on his behalf.
22.07.2011 Prosecution witness Pushpkala was examined Prosecution witness Joy
C. Aryakara also current in Court however, the defence refused to cross- examine on the ground of non-availability of specific bank
files. This prosecution witness was hence couldn’t be cross-examined.
fifteen.09.2011 prosecution witness K.G. Goswami present in Court on the other hand,
the examination could not happen as a consequence of absence
of accused / respondent No.1 Neelam Nag.
24.09.2011 Prosecution witnesses KG. Goswami and N. Chandrashekhar
current in Courtroom. The co-accused Laxman Ratre is absent.
Witness N. Chandrashekhar couldn’t be examined because of non-availability of some documents.
04.11.2011 Witness N. Chandrashekhar present. The evaluation couldn’t occur as a consequence of non-availability of selected files.
01.09.2012 Prosecution witness A.S. Jitendra present in Courtroom.
The accused / Respondent No.one Neelam Nag was absent, nonetheless,
within the request of his Counsel, the examination of prosecution witness was deferred.
03.09.2015 Prosecution witness Ramesh Kumar present
in Court. The accused Neelam Nag was absent. Examination of witness did not
02.eleven.2015 Prosecution witness Ramesh Kumar Existing.
The accused Neelam Nag was absent. Examination of witness did not occur.
11. It is actually submitted that three prosecution witnesses are
actually examined. The hold off in completion of trial is due to factors
talked about in the above mentioned paras. Counting on these info, the
appellants contend that no more indulgence may be revealed to the respondent and the defense
specified towards the respondent via the Significant Court docket should be vacated trying to keep in mind the exposition in the above stated documented selection. As regards the argument with the
respondent the disciplinary proceedings has to be suspended in check out
of Clause 4 with the Memorandum of Settlement dated 10th April 2002, arrived at from the Management of 52 A category Financial institutions as
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