AHMAD, K.T. THOMAS.,
ACT:
HEADNOTE:
JUDGMENT:
JUDGEMENT
Thomas J.
Leave granted.
Explanation for the apparently inordinate delay in
moving an application was accepted ... Appellant also filed another application to condone
the delay by offering an explanation which can be summarized
thus:
Appellant engaged an advocate
deduction shall be taken to be the cost of the fixed
asset.
Explanation 1: This paragraph
shall apply in relation to all balance-sheets that ... first balance-sheet made out after the issue of
the said notification.
Explanation 2:-In this
paragraph, unless the context otherwise requires, the expressions
record and the application ex facie lacks bona fide. There is
no explanation on record as to why the application was not filed
immediately ... petition". While setting aside this order, this Court found
that the explanation rendered for condonation of delay was neither
reasonable nor satisfactory and held
order
by which such increase in the duty takes
effect.
Explanation- For the removal of doubts,
it is hereby declared that-
(1) the provisions ... April, 1998 or five thousand rupees, whichever
is greater.
17
Explanation - For removal of doubts it is
hereby clarified that sub-rule (3) does
read with the Explanation-Construction of-
Whether controlled by Art. 286(2) -Situs of a sale or
purchase determined by general law or created ... fiction in
the Explanation-Whether relevant for ascertaining inter-
State character of such sale or purchase Appellant company
registered in Calcutta-Bihar Sales
Committee ordered-allegations on which order
passed-committee whether entitled to offer explanation-
failure to observe principle of audi alteram partem-whether
vitiates order.
Administrative ... appellants that the Committee had no opportunity to
offer their explanation in regard to the allegations on
which the order of supersession was passed
filing the SLP by the Commissioner of
Wealth Tax, Bombay. The explanation for the delay had been
set out in petitioner's own words ... file to CAS on October 1, 1993."
After incorporating the above explanation, this Court refused
to condone the delay by observing thus
Income Tax Act brought in by the
Finance Act 2012, which added explanation 4 to the provision and
expanded its ambit with effect from ... EULA
and Remarketer Agreement. Coming to the Finance Act 2012 which
added explanation 4 to section 9(1)(vi) of the Income
reference or revision, which is chargeable to tax and has
escaped assessment.
Explanation 1.—Production before the Assessing Officer of
account books or other evidence ... necessarily amount to
disclosure within the meaning of the foregoing proviso.
Explanation 2.—For the purposes of this section, the
following shall also be deemed
amended in
1948, s. 34(1)(a), Explanation--Constitution of India, Art.
226.
HEADNOTE:
The appellant, a private limited company, was assessed to
income ... disclosing all the primary facts must invariably be on the
assessee.
The Explanation to S. 34(1) made it clear that that burden
could
