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1997 Supreme(Del) 1008

B.K.RAMAMOORTHY, Y.K.SABHARWAL
KAILASH SUNEJA – Appellant
Versus
APPROPRIATE AUTHORITY INCOME TAX DEPARTMENT – Respondent


Advocates Appeared:
D.N.Malhotra, G.S.CHATTERJEE, Gaurav Duggal, GAURI SHANKAR, J.R.MIDHA, L.K.Garg, L.R.GUPTA, M.S.SYALI, MADAN BHATIA, MAHENDRA RANA, NIRU VAID, P.K.JAIN, R.N.VERMA, RAJENDRA PRASAD AGRAWAL, S.K.JAIN, SATYAM SETHI, SOLI J.SORABJI, Uma Jain, V.K.Makhija, Vijay Hansaria, Y.K.Jain

K. RAMAMOORTHY, J.

( 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




























































































































































































































































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