B.K.RAMAMOORTHY, Y.K.SABHARWAL
KAILASH SUNEJA – Appellant
Versus
APPROPRIATE AUTHORITY INCOME TAX DEPARTMENT – Respondent
( 1 ) I have had the benefit of reading thedraft judgment prepared by my learned Brother. I am really elatedat the way in which he could put the factual matrix and the lawin a very sweet and exoteric language. My learned Brother hadbeen unique in this respect. I have always been admiring at hisgift of the gup. I derived immense solace and comfort while working with him. He provoked my thinking and prompted me to proceed on a light track which enabled me to have hang of the matters. I am spell bound, as it were, and I am in entire agreement withwhat all he has said. I now proceed to express my views in thefan Indian fashion.
( 2 ) ALL law is an experiment as all life is an experiment, as stated by Justice Holmes of the United States of America. The Government of India made an experiment by introducing Chapter XX-Cin the Income-tax Act, 1961 w. e. f. 1986 but the Supreme Courtin C. B. Gautam s case held, that no doubt the Government couldmake an experiment but within the parameters of the Constitution. Apparently, keeping in mind the principles that there should not beunending. conflict or strife or competition between the Governmentand the citizens in the field of
REFERRED TO : R. K. Garg v. U.O.I. and Ors.
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Barium Chemicals Ltd. and Ors. v. Company Law Board and Ors.
K. S. Nanji and Co. v. Jatashankar Dossa and Ors.
A.Raghavamma and Anr. v. A. Chenchamma and Anr.
Ramji Dayawala and Sons (P) Ltd. v. Invest Import
Smt. Prem Lata v. Arhant Kumar Jain
Kumbhan Lakshamma and Ors. v. Tangirala Venkateshwarlu and Ors.
A.K. Gopalan v. State of Madras
Periyarand Pareekanni Rubbers Ltd. v. State ofKerala
M/s. Raza Textiles Ltd.. Rampur v. The Income Tax Officer, Rampur
Union of India v. Tarachand Gupta and Bros.
The State of West Bengal v. Mrs. Bela Banerjee andOrs.
Rukmanand Bairoliya v. The State of Bihar andOrs.
Surya Kiran Association v. Appropriate Authorityand Anr.
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