Industry & Economy
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Taxation
Calcutta HC refuses extension of order on tax tribunal
Our Legal Correspondent
Kolkata
,
Nov. 14
MR Justice K.J. Sengupta of the Calcutta High Court today refused to extend the interim order passed earlier on November 6, 2003 - which was extended on November 11, 2003 - in the issue of constitution of the Tax Tribunal.
A writ petition was moved on November 6 challenging the validity of the Ordinance promulgated to form the Tax Tribunal. The President, Dr A.P.J. Kalam, had signed the Tax Tribunal Ordinance, 2003 the notification being published following the Ordinance.
The Court directed the parties to file affidavits. It mentioned in its order the preparation of infrastructure for setting up the tribunal.
In the writ petition, the legality of the notification was challenged. It was alleged that formation of a Tribunal would take away the power of the High Court being an independent judicial forum, as contended in the Constitution of India.
It was further alleged that setting up of a tribunal would erode the independence of the judiciary, which was a part of the basic structure of the Indian Constitution.
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