Case Law Details

Case Name : Gar ware Polyester Vs. State (Bombay High Court)
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Date of Judgement/Order :
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Courts : All High Courts (4389) Bombay High Court (798)

Gar ware Polyester Vs. State (Bombay High Court)

The AO passed an assessment order in which he declined to follow the judgement of the Bombay High Court in CST Vs. Pee Vee Textiles 26 VST 281 on the ground that the said judgement “is not accepted by the Sales Tax Department and legal proceeding is initiated against the said judgement”. On a Writ Petition filed by the assessee, the High Court has taken the view that as the said judgement in Pee Vee Textiles is not stayed, “the refusal to follow and implement the judgement of this Court by Mr. Dubey in our considered view prima facie amounts to contempt of this Court”. The Court directed issue of a show-cause notice to the AO as to why action under the Contempt of Courts Act should not be initiated against him.

Note: In Kamalakshi Finance Corporation 53 ELT 433 (SC), ITO Vs. Siemens India 156 ITR 11 (Bom) & Bank of Baroda Vs. Srivastava 122 TM 330 (Bom) it was held that even the Tribunal’s order is binding on the AO. See Also Mercedes Benz Vs. UOI (Bom) on the importance of judicial discipline.

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Category : Goods and Services Tax (7849)
Type : Judiciary (12555)
Tags : high court judgments (4707)

0 responses to “Failure to follow High Court’s order is contempt of court”

  1. C.Jyoti says:

    In the Income Tax Deptt., it is the established norm for decades (at least since 1980), to ignore Jurisdictional High Court orders and even Supreme Court. And, in the Administrative side, this deptt. traditionally and routinely ignores the orders of the CAT, even the orders passed holding the deptt. in contempt for not following its orders. The same for High Court orders. So, it is respectfully submitted, that the IT deptt. (like the Revenue deptt of the MOF, CBI, Info. & Broadcasting Ministry/Prasar Bharati, Uniformed Services, all the State Govts., etc.) WILL NOT PAY THE SLIGHTEST HEED TO THIS DECISION.

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