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Judgment Search Results Home > Cases Phrase: income tax act Court: central administrative tribunal principal bench new delhi Year: 2014 Page 1 of about 10 results (0.069 seconds)

Mar 31 2014 (TRI)

B.B. Mohanty, New Delhi Vs. Union of India Through Its Secretary, New ...

Court : Central Administrative Tribunal Principal Bench New Delhi

Decided on : Mar-31-2014

..... issued to the applicant is quite arbitrary, without having jurisdiction and without proper application of mind. the charge against him is that he passed orders under section 264 of the income tax act, 1961 in a reckless manner and without exercising due diligence. there is no doubt that if decisions taken by a quasi judicial authority are in pursuance to corrupt or improper ..... have opposed the submissions made by the learned counsel for the applicant. they have stated that contrary to what is mentioned by the applicant, there is no provision in the income tax act to file an appeal against an order under section 264. in fact, there is a great responsibility on the officer invoking the provisions of the said section as there is ..... during the period from 20.05.2006 to 23.07.2009, passed orders u/s 264 of the income tax act, 1961 in the following cases, where appeals filed before the cit (appeals)/settlement commission, were pending, thus contravening provisions of section 264(4)(c) of income tax act, 1961: 1. m/s sood housing and developers a. y. 2005-06 and 2006-07. 2. sh. rajinder ..... . y. 2000-01 and 2002-03 7. shri subhash chander a. y. 2006-07 and 2007-08 article-ii shri b.b. mohanty, while posted and functioning as commissioner of income tax (central), ludhiana, passed orders u/s 264 of the income tax act, 1961 in the following cases, illegally cancelling the penalty notices u/s 271(1)(c) issued pursuant to detection of .....

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May 30 2014 (TRI)

Anil Kumar, Irs Vs. Union of India Through the Secretary, New Delhi an ...

Court : Central Administrative Tribunal Principal Bench New Delhi

Decided on : May-30-2014

..... intelligence bureau(ceib), financial intelligence unit (diu), nadt (including rti), enforcement directorate, authority of advance ruling (aar), competent authorities (c.as), appellate tribunal for forfeited property (atfp), income tax appellate tribunal, central processing centre (cpc) and settlement commission shall be treated as exempt and shall be count towards calculation of stay at a particular station/region, subject to para ..... averment that he has completed only five years, three months and seven days continuous stay at field posting in present region and his present posting as commissioner of income tax in mumbai for last six months is also exempted in terms of clause 5.4.1 of transfer/placement policy for group a officers of indian revenue service, ..... original application filed under section 19 of the administrative tribunals act 1985, the applicant is direct recruit of the 1986 batch of irs and joined as assistant commissioner of income tax in the year 1986. he got promotion as deputy commission (it), joint commissioner (it), additional commissioner (it) and commissioner of income tax in the years 1990, 1999, 2000 and 2007 respectively. ..... issued on 14.06.2013, the applicant was transferred from mumbai (cca) to chennai (cca), he filed the present oa under section 19 of the central administrative tribunals act 1985 praying :- 1. this honble tribunal may be graciously pleased to call for the records of the case from the respondents and after examining the same, be pleased to .....

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May 12 2014 (TRI)

Sh. Gaurav Singh and Others Vs. Union of India Through the Secretary, ...

Court : Central Administrative Tribunal Principal Bench New Delhi

Decided on : May-12-2014

..... interim order, we had observed as follows:- 18. in our considered view, the aforesaid decision of the respondents to go ahead with the promotion of the income tax inspectors as income tax officers based on the earlier seniority list which is in violation of the principle laid down by the apex court in n.r. parmars case (supra) is ..... dpc based on the 26.04.2010 seniority list cannot be permitted. 14.4 both the official respondents and private respondents had argued that this tribunal cannot act as an executing court for the honble supreme court and since the honble supreme court itself has not laid down any time schedule for implementation of their judgment ..... are conscious of the legal position that once there is a judgment of the honble supreme court it has to be implemented and all courts are to act in aid of honble supreme court by virtue of article 141 of the constitution of india and therefore cannot have a view different than the view of ..... thereafter. if we do not allow this relief and permit promotions to be made on the basis of 2010 seniority list, we would be acting contrary to the directions of the honble supreme court. as stated above by private respondents themselves, it is the duty of every court to ..... act in aid of the judgment of honble supreme court rather than giving any directions to the contrary. 14.5 learned counsel for the applicants .....

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Jan 15 2014 (TRI)

Mrs. Ramesh Dang and Others Vs. Director, Directorate of Income Tax (O ...

Court : Central Administrative Tribunal Principal Bench New Delhi

Decided on : Jan-15-2014

..... among the tas. however, the anomaly has further crept in on account of subsequent upgradation of grade pay of rs.4600/- for the posts of assistants in css and income tax inspectors of income tax vide om f.no.1/1/2008-ic dated 13.11.2009 of department of expenditure, ministry of finance. this anomaly needs to be rectified urgently. the analytical study ..... assistants of css, it would be highly anomalous if the grade pay of technical assistant is kept below the grade pay of the posts of inspectors of income tax and assistants of css as no income tax inspector or assistant of css, having grade pay of rs.4600/-, would come on deputation to a lower grade pay of rs.4200/- of the post of ..... respondents in october, 2006 bringing out the aforesaid discrimination, disparity and anomaly in their pay scales vis-`-vis the assistants of css and the inspectors of income tax. further, according to the applicants, the director of income tax (oandms) was convinced regarding the aforesaid anomalous position and recommended for up-gradation of the pay scale of the applicants at par with assistants of css ..... short) and higher ministerial grades, stenographers (og) and stenographers (selection grade) with three years service in the respective grades who have qualified in the departmental examination for inspectors in the income tax were eligible. as far as the assistants in css were concerned, they are governed by the central secretariat service rules. thus, after the recommendation of the 5th cpc, the pay .....

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Jan 08 2014 (TRI)

Sh. S.P. Singh, Ex. Director Esic, Meerut Cantt and Another Vs. Union ...

Court : Central Administrative Tribunal Principal Bench New Delhi

Decided on : Jan-08-2014

..... cadre. according to the applicants in terms of the aforesaid notification the ministry directed the corporation to grant the benefit of organized group-a service corresponding to indian revenue service (income-tax) to group-a officers of the corporation upto the rank of director by prescribing minimum qualifying service. regarding the additional commissioners, the ministry informed that the matter was being ..... mention that esic may grant organized group- a service benefits to its officers in these grades by prescribing minimum qualifying service as far as possible corresponding to indian revenue service (income-tax). further, the respondents have stated that no specific approval was conveyed by the government for grant of nfsg scale in pb-4 with grade pay of rs.8700/- while ..... epfo, only then approval from the central government was required. learned counsel for the applicants argued that similar provision exists in esic. according to section-17(2a) of the esi act, 1948 the method of recruitment, salary and allowances, discipline and other conditions of service of the members of the staff of the corporation shall be such as may be specified ..... the honble high court while upholding the decision of the chandigarh bench of this tribunal held that as per section 5d(7) of the employees provident funds and miscellaneous provisions act, 1952 the central board of trustees of epfo was not required to seek prior approval of the central government in a case where there was no departure from the .....

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Jan 28 2014 (TRI)

Sddhartha Dey Vs. Union of India, Through Secretary, Ministry of Finan ...

Court : Central Administrative Tribunal Principal Bench New Delhi

Decided on : Jan-28-2014

..... are that while working as private secretary in the department of science and technology, new delhi, he was selected and appointed as senior private secretary by the settlement commission (income tax and wealth tax), additional branch, kolkota, on deputation basis for a period of three years, which was extendable by another year. he joined the settlement commission (itandwt), kolkata, as senior private secretary ..... that the respondents, instead of settling his transfer ta bill, made frivolous reference to the vigilance section of the applicants parent department and asked for information under r.t.i act through third party to delay the final settlement of his transfer t.a.bill. however, presumably when the t.t.a.bill was being settled sometimes in november 2009, on ..... for the following relief; (a) to direct the respondent to waive/withdraw the amount rs.4175/- as has been shown as outstanding by zonal accounts office, central board of direct taxes, kolkata, in view of office memo dt.6.2.2006 to direct the respondents to consider settlement of bills according to the office memo dt.6.2.2006 to direct .....

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Jan 15 2014 (TRI)

Avinash Mishra, New Delhi and Another Vs. Union of India Through Secre ...

Court : Central Administrative Tribunal Principal Bench New Delhi

Decided on : Jan-15-2014

..... of 2005. factually also, a perusal of the record would show that the file was put up to the finance minister by the director general of income tax (vigilance) seeking the approval of the finance minister for sanctioning prosecution against one officer and for initiation of major penalty proceeding under rule 3(1)(i) ..... that the circumstances were such which prevented the woman from filing a complaint within the said period. 21. under section 13(1) of the act, the internal committee shall provide a report of its findings to the employer within ten days from the date of completion of enquiry. where the ..... committee, if so constituted, within a period of three months from the date of incident. for the sake of convenience, the relevant provision of the act is being extracted as under:- 9 (1). any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the internal ..... interaction. 4. admittedly, both the complaints were referred to the complaints committee on sexual harassment of women at workplace to deal with the alleged acts. the complaints committee had given notice to the applicant to appear before it on 01.05.2013. a report adverse to the applicant has already ..... however, she made a second complaint on 14.03.2013 to improve the contents of her initial complaint citing more instances for the alleged acts of harassment. the learned counsel for the applicant further submits that the said vandana sharma had interacted with the applicant only for four days when .....

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May 06 2014 (TRI)

P. Sasi Vs. Union of India Through the Secretary, Ministry of Defence, ...

Court : Central Administrative Tribunal Principal Bench New Delhi

Decided on : May-06-2014

..... alleged vagueness does not come out to be a handicap for the applicant to defend himself. the honble supreme court in hari prasad v. commissioner of income tax, air 1972 calcutta 27 has held that whether a charge-sheet in a given case is vague or not, will depend upon the facts and circumstances ..... during 1st may 98 - 14 mar 2001 passed on official information and documents to persons he was not authorized to communicate. thus, by the above said act shri p sasi has unauthorisedly communicated official document and information directly/indirectly to unauthorized persons and thereby contravened rule 11 of the ccs (conduct) rules, 1964.? ..... in this endeavour of getting an evaluation letter issued for supply of army equipments for consideration in kind and money. thus, by above act shri p sasi has shown lack of integrity and acted in a manner unbecoming of a govt. servant there by violated rule 3 (1)(i) and 3 (1)(iii) of the ..... union of india [1987 scc (lands) 438], the court held (para 12): "it must be held that even when a state agency acts administratively, rules of natural justice would apply. as stated, natural justice generally requires that persons liable to be directly affected by proposed administrative ..... acts, decisions or proceedings be given adequate notice of what is proposed so that they may be in a position (a) to make .....

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Jan 07 2014 (TRI)

Rakesh Chaudhary, Ghaziabad Vs. Govt. of Nct of Delhi Through the Chie ...

Court : Central Administrative Tribunal Principal Bench New Delhi

Decided on : Jan-07-2014

..... may indeed give useful advice but ultimately it is for the government to decide for itself. in the particular service with which we are concerned, viz. that of class i income-tax offices, government had known for many years that there was a lot of discontent amongst the officers. the promotees were clamoring for a higher proportion of posts in the cadre .....

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Jan 17 2014 (TRI)

Rita Dutta Vs. Union of India Through Secretary and Others

Court : Central Administrative Tribunal Principal Bench New Delhi

Decided on : Jan-17-2014

..... months taken by the appellate authority cannot be considered as a reasonable period. moreover, the aforesaid order is in violation of the provision contained in rule 19 (4) at act, 1985 which reads as under: (4) where an application has been admitted by a tribunal under sub-section (3), every proceeding under the relevant service rules as to ..... in the rules. non-performance of duties, which may have no element of unlawful behaviour, wilful in character, improper or wrong behaviour, misdemeanor, misdeed, impropriety or a forbidden act, may some time amount to not carrying out the duties efficiently, but the same cannot be construed to be misconduct. if decisions that may ultimately prove to be less beneficial ..... . however, the same as defined in black's law dictionary, sixth edition at page 999 would mean, thus: a transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour, its synonyms are misdemeanor, misdeed, misbehavior, delinquency, impropriety, mismanagement, offense, but not negligence or carelessness. ..... vaghela v. moosa raza(2). the high court has noted the definition of misconduct in stroud's judicial dictionary which runs as under: "misconduct means, misconduct arising from ill motive; acts of negligence, errors of judgment, or innocent mistake, do not constitute such misconduct". similarly, in state of punjab and others vs. ram singh ex. constable air 1992 sc 2188 .....

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