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Showing posts with the label official

Tax Officials to be penalised for non-compliance of court orders

Larsen & Toubro Limited vs. UOI No officer is acting independently and following judgments of this Court, but waiting for the superiors to give them a nod. Even the superiors are reluctant given the status of the assessee and the quantum of the demand or the refund claim. We are sure that some day we would be required to step in and order action against such officers who refuse to comply with the Court judgments and which are binding on them as they fear drastic consequences or unless their superiors have given them the green signal. If there is such reluctance, then, we do not find any enthusiasm much less encouragement for business entities to do business in India or with Indian business entitles. Such negative reactions / responses hurt eventually the National pride and image. It is time that the officers inculcate in them a habit of following and implementing judicial orders which bind them and unmindful of the response of their superiors. That would generate the right suppor...

Callous conduct of officials of a PSU is ‘misfeasance in public office’

In a landmark pronouncement of the Delhi High Court, a Division Bench of Justice Gita Mittal & Justice PS Teji has dismissed an appeal filed by The Pradeshiya Industrial & Investment Corporation of UP Ltd (PICUP) holding it as being”completely devoid of factual or legal merit.” Briefly, a property was mortgaged with PICUP by M/s Pacquik Industries Ltd. Another creditor of Pacquik Industries, one Sh. Darshan Khurana offered to make the payment of the OTS amount of about Rs. 2.20 Crores, on the behalf of Pacquik Industries to PICUP to have the title deeds of the property released to him to secure his interest. This request of Pacquik and Sh. Darshan Khurana was conveyed to PICUP vide letters, courier and facsimile communication. The management of PICUP, internally, objected to the title deeds being released to a third party, however chose to remain silent and accepted the amount, instead of conveying their decision either to Pacquik or Sh. Darshan Khurana. The entire hierarchy of...