In , procedural steps can make or break a case. One common pitfall arises when parties rush to file a without proper prerequisites. The question at the heart of this issue is: Unless Directions for Filing have been obtained. This rule underscores the importance of court oversight in assessing damages, particularly in jurisdictions like Malaysia where strict govern such processes. [
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In addition, the phrase 'shall' is not mandatory in nature as it also allows the opposing party to file directions as well as the court in its own motion to set the matter for case management if the application is not made within a month. ... [11] The Defendant alleges that there have been no directions given by this court due to the plaintiffs failure to fil....
However, under O 37 r 1(6) of the Rules, a party shall not file any such notice ''unless directions for the filing and exchange of affidavit evidence pursuant to O 34 have been given or complied with, as the case may be." ... (ii) for directions for the assessment of damages; (iii) for directions f....
No doubt, there has been lapse in not filing the objections under Section 144C (2)(b)(ii) of the Act before the assessing officer. It is clear from the facts that the DRP has issued directions as per Annexure-N. ... No doubt, there has been lapse in not filing the objections under Section 144C (2)(b)(ii) of the Act before the assessing officer. It is clear from the facts that the DRP has issued ....
, the notice shall not be issued after the expiry of a period of six years from the end of the relevant assessment year. ... Clause (b) permits, no notice shall be issued if, 4 years but not more than 6 years have elapsed from the end of relevant assessment year, unless the income chargeable to tax that has escaped assessmen....
Also that the law shall not require the Hearing Officer to desist from passing his order of revised assessment of the property, as the property owner (the respondent no.1/writ petitioner in this case) has refrained from filing any ‘objection’. ... She was put on notice to file written objection against the said proposed valuation and the date of hearing was fixed on 08.11.2019. ... (3) ....
Consequently, assessees are required to produce/cause to produce their response/evidence to any notice/communication./show cause issued by the Assessing Officer electronically (unless specified otherwise) through their ‘E-filing’ account on the ‘E-filing’ portal. ... The contention raised on behalf of the respondent that the petitioner has alternative efficacious remedy to file appeal before the CIT (Appe....
(6)A party shall not file a notice of appointment for assessment of damages by the Registrar pursuant to this rule unless directions for filing and exchange of affidavit evidence pursuant to Order 34 have been given or complied ... (7)If that party does not file....
(i) the National e-Assessment Centre shall serve a notice on the assessee under Sub-Section (2) of section 143 of the Act. ... A notice was issued by the DRP and Petitioner responded by filing relevant documents/evidence in support of objections raised by it. Finally the DRP issued directions dated 25th March 2021 under Section 144C(5) of the Act. ... (ii) the assessee may, within fifte....
The Notice of Assessment raised by the DGIR who was not named as a party to this action [23]The learned SFC argued that by not naming the DGIR in the present suit is indeed frivolous and vexatious because the subject matter relates to the assessment raised by the ... has no legal duty to set aside the Notice of Assessment under the ITA. ... In the abs....
assessee, notice could be issued under Section 153C of the Act to file returns for six years. ... having jurisdiction over such third party would issue notice under Section 153C. ... Therefore, unless the documents seized prima facie showed undisclosed income, Section 153C of the Act could not be invoked. ... that the Central Government may by rules made by it and published in the Offici....
21. Section 158BC mandates that the Assessing Officer is to serve a notice to such person requiring him to furnish a return in the prescribed form and verified in the manner stipulated. The assessee is also entitled, as a matter of right, to a period not less than 15 days to file such a return. The Assessing Officer must, therefore, serve such a notice, without which an assessee would not be liable to file a return in respect of a block assessment. The Assessing Officer does ....
Under the provision of section 127 any person aggrieved by the final order under section 126 could prefer an appeal to an appellate authority. 9. A bare perusal of the aforesaid provisions makes it abundantly clear that in case a person indulges in unauthorized use of electricity, the electricity charges shall be provisionally assessed by the Assessing Officer and the provisional assessment order shall be served on the person in occupation, possession or in charge of the place. Provision of se....
In Datar Switchgears Ltd. vs. Tata Finance Ltd. (supra) (paras 5 to 7), the Supreme Court observed that Section 11(5) can be invoked where one party has failed to appoint an arbitrator despite notice to appoint. In Datar Switchgears Ltd. vs. Tata Finance Ltd. (supra), no notice for appointment of arbitrator was given, yet the Court upheld the appointment of arbitrator. The present case is covered by Section 11(6)(c) and not under Section 11(5). However, there is no requirement of not....
The appellant continued as class IV employee pursuant to the said appointment accordingly. By an order dated 25.4.1985 the Secretary of the Bank appointed the appellant as class IV employee for a period of 89 days till 19.7.1985 and it was liable to be ceased after the expiry of the period of 89 days. It is also provided very specifically that the appointment shall not be a basis for regular appointment in the Bank. The appellant’s appointment was termed as temporary appointm....
7. 1985 and it was liable to be ceased after the expiry of the period of 89 days. The appellants appointment was termed as temporary appointment in the pay scale of 80-130, liable to be terminated at any point of time without any prior notice or show cause. The appellant continued as class IV employee pursuant to the said appointment accordingly. It is also provided very specifically that the appointment shall not be a basis for regular appointment in the Bank.
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