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    Civil Enchantmment No. 102 of 2010 The appellant is usully a General public Restricted Enterprise included below the businesses Act, 1956 and engaged
    within thhe enterprise of manufacturing and selling Gray Portland Cement.

    In work out of powers conferred by Section eight(five) from the Central
    Product sales Tax Act, 1956 (for short, CST Act), Thee federal
    government off Rajasthan had issued a Notification No.

    F4(seventy two)FD/Gr.IV/81-eighteen dated 06.05.1986 allowing partial exemptions through the income tax payable in regard of inter-Sate gross sales while in the way and topic on the
    cconditions described therein. Partial exemption was granted under the stated notification at the rate of fifty%/seventy five%
    on the bzsis of rise iin the percentage of all the inter-State income and decrwase in percentage of inventory transfers although the rofit underneath the claimed notification wasn’t offered on levy cement.
    In the evaluation 12 months 1989-90 to 1997-ninety
    eight the appellant were granted advatage of partial exemption beneath tthe notification dated 06.05.1986 apartt from the evaluation calendaar year
    1995-ninety six and 1996-ninety seven as no statements ended up produced by the
    appellants saying not qualified.

    two. It is necessary to point out below the State, iin physical exercise of powers conferred
    by Portion 8(5) from the CST Act, issued Notification No.

    F4(8)FD/GR.IV/ninety four-70 dated 07.03.1994 superseding the notification dated 09.01.1990 and directing that in regard
    of inter-Condition revenue of cement, ttax payable under sub-sections
    (one) and (two) from the mentioned Portion shall be calculated at the speed of
    4% without the need of furnishing declaration in Sort ˜C, intewr alia, matter towards the issue that the seller making inter-Condition revenue
    underneath this notification shazll not be qualified to say reward furnished by
    partial exemption notification dated 06.05.1986.
    This notification remained in force fropm 01.04.1994 to 31.03.1997.

    3. The CCT vide Circulaar No. two/94-95 dated fifteen.04.1994 clarified that
    inter-Point out gross sales of cement duly supported by C and D kinds shall be suitable for good thing about partial exemptin notification dated 06.05.1986 Which
    this kind of advantage wouldn’t apply to inter-State profits which aren’t supported bby declarations in declarations
    in Typds C/D.

    four. By Notification No. 97-122 dated twelve.03.1997 issued below Segmkent 8(five) of your CST Act, the
    Statfe Federal government rescinded tthe Notification No.
    ninety four- 70 dated 07.03.1994 and directed that CST on inter-Condition revenue of cement shall be calculated at the speed of four% inter
    alia matter to fulfilment on the affliction which the vendor earning inter-Condition income under this notifiocation shall not bbe qualified too ssay
    profit provided by partiawl exemption notification dated 06.05.1986.

    This notification remained in drive upto 31.03.1998.

    five. As being the factual score contonues to be depicted, for that assessment calendar year 1997-
    98, dispute arose whether or not the sale of levy cement in The bottom
    12 months, i.e., 1984-85, might be involved and brought into account for calculating the base a long time determine
    for the purpose of calculating the benefits underneath tthe notification dated 06.05.1986.
    A re-evaluation recognize was issued for the appellant for disallowing the stated partial exemption on the ground
    that even though calculating the advantages beneath notification dated
    06.05.1986 the appellant-company expeerienced not involved the figure of sale of levy
    cement made in The bottom year, which is, 1984-eighty five.
    The stated re-assessment see was challenged from the appellant which shaped the subject material of Writ
    Petition No. 1790 of 2001 which waas dismizsed bby the Rajasthan Significant Court vide get dated 24.07.2002.
    A Exclusive Appeal bearing No. 497 of 2002 was submitted from the buy dazted 24.07.2002 before the
    Division Bench and on a reference currenmtly being produced by the
    Division Bench, the subject was referred to a bigger Bnch and precisely the same is pending thought.
    An analogous dispute about inclusion of levy cement had also arisen with the evaluation yr 1991-ninety ttwo which were determined with the Tax Board,
    Rajasthan vide purchase dated sixteen.01.2003 in favour in thee appellant which attained finality considering
    the fact that no revision pstition was submitted because of the Condition from the stated selection. For yoour evaluation calendar
    year 1999-2000, the appellant waas asked vide demonstrate induce
    see datedd 16.ten.2001 to clarify why the advantage of partial exemption beneath
    notification dated 06.05.1986 really should not be
    disallowed on the ground that even thougbh calculating the benefits less than notification dated 06.05.1986 the appoellant
    had not integrated the determine of sale of levy cement built in The bottom 12
    months, that’s, 1984-85. Verus the explained present result in notice writ
    petition bearing No. 4300 of 2001 was filed and vide order dated 14.08.2002 the Large Court docket disposed with
    the stated writ petition in light on the purchase dated 24.07.2002 handed in Writ Petition No.
    1790 of 2001. Currently being aggrieved because of the mentioned purchase, the appellant experienced submitted a DB Particular Enchantment No.
    539 of 2002 and that is pending consideration. We might quicily
    clarify that we aren’t concerned with the mentioned
    evaluation a long time.

    6. To the assessment yr 2000-2001, a Display Trigger Observe dated 11.01.2001 was issued ffor
    the appellant looking for to disallow the profit less than notification dated 06.05.1986 on the boottom that the appellant experienced not calculated the advantages below notification dated 06.05.1986 right after such as
    the figure of sale of levy cement inn the base 12 months, that is certainly, 1984-

    eighty five. Versus the mentioned show lead to discover Writ Petition bearing No.
    551 of 2002 was filed that is ppending before the Large Court docket.

    seven. In work out of electrical poaer beneath Section 8(five) with thhe CST Act the Condition Federal government vide Notification No.
    ninety seven-266 dated 21.1.2000 directed that tax payable under sub-sections
    (1) and (two) in the mentioned Section over the inter- Point
    out grooss sales of cement shall be calculated aat
    the speed of six% inter alia matter for the isue which
    the dealer making inter-Point out revenue less than this notification shall not be eligible to assert reeward supplied below partial
    exemption notification dated 06.05.1986.

    8. After a lapse of seven many years from
    your former circular dated 15.04.1994, the CCT issued One more Round No.

    ninety four-ninety five/119 dated sixteen.04.2001 purporting
    to clarify the applicability of partil exemption notification dated 06.05.1986 vis-a-vis notification dated 07.03.1994
    and subsequent notifications dated 12.03.1997 and 21.01.2000.
    Because oof the reported round the qualified authorit
    presuoposed to point out which the vendor can avail of thhe
    benefkt of possibly of both of these notifications iin almost any fiscal
    12 months meaning therefore that if he opts for your profit below nptification dated 06.05.1986 with
    the calendar year 2000-2001, he would not be entitled to claim simultaneous reward in regard of the identical yeaar nder tthe notification dated 21.01.2000.

    9. For the evaluation calendar year 2000-2001, a show bring about recognize dated 19.08.2003 was issued via the Business Taxes Officer
    for the appellant in search of to disallow the benefits below notification dated
    06.05.1986 over a purported retrospeective software with the Circular daated
    sixteen.04.2001.

    Appoellant challenged the said clearly show trigger
    observe before the Superoor Court By means of a Writ Petiition bearing No.

    6192 of 2003. The Significant Courtroom vide buy dated 18.eleven.2003 held the explained demonsstrate lead to detect dated 19.08.2003
    wasn’t justified ass Circular dated sixteen.04.2001 could implement only prospectively
    and not retrospectively.

    10. Even though finalizing the evaluation to the assessment calendar year 2001-2002,
    a dizplay induce detect dated 19.08.2003 was issued purportedly according to Circular dated sixteen.04.2001 demanding the
    appellant to show trigger why thhe partial exemption claimed below State
    Governmennts notification No.

    F4(72)FD/Gr.IV/81-18 dated 06.05.1986 should
    not be disallowed. The appellant submitted its reply nevertheless
    the assessing authority vide buy dated 26.08.2003 turned down the declare of partial exemption only on The idea of
    Circular dated sixteen.04.2001 and imposed additional
    tax to tthe assessee for your evaluation 12 months 2001-2002.

    eleven. The appellant filed an attractiveness prior to the Deputy Commissioner (Appeals), who authorized the ppeal on 03.01.2004
    Keeping the appellant might be entitled to avail such partial exemption in regard of inter-State sales manufacturfed on which concessional
    fee of six% was not availed of by it les than notificationn dated
    21.01.2000.

    12. Remaining aggrieved through thee order on the appellate authority, the revenue
    approached the Rajasthan Tax Board in charm contending, inter alia, that According to round datedd 16.04.2001 the benefitt could not be claijmed beneath notification dated 06.05.1986
    Whenn the unit had made rrevenue less than notification dated 21.01.2000.
    In essence, itt absolutely was urged that benefit of eqully the notifications could
    not be aailed oof in the exact same economic 12 months.
    The Tax Board permitted the appeal filed via the revenue.
    Against the order in the Tax Board, the appellnt filed revision petition before
    the Higher Court docket and also the realized Solitary Choose vide buy dated 17.04.2009 contemplating the submissions set
    forth via the events and upon analysing the theory mentioned in Tata Cummins Ltd.
    v. Point out of Jharkhand[1], M/s Vividh Marbles Pvt.
    Ltd. v. Industrial Tax Officer[2], Condition of Rajasthan v.
    J.K. Udaipur Udyog Ltd. and A further[three], MRF Ltd.
    Kottayam v. Asstt. Commissioner (Assessment) Gross sales Tax and ors.[four] and various authorities arrived to hold that issue no.
    3 of Notification No. 21.01.2000 must be presented its plain and
    crystal clear this means and can’t be limited only to the precise transaction of
    sale lined by notification dated 21.01.2000 itself and in the
    event the condition no. 3 unequivocally states that after the assessee avails of the good
    thing about concessional rate of tax below notification dated 21.01.2000, he are not
    able to receive the partial reward as envisaged inside the
    Notification dated 06.05.1986 and appropriately repelled the stand of the assessee.

    thirteen. We’ve read Mr. S. Ganesh, uncovered senior counsel for that appellant and Mr.
    Jatinder Kumar Bhatia, acquired counsel to the respondent.

    fourteen. The seminal concern that occurs for thought, succinctly set, is whether or not the appellant is
    entitled to twin benefit of partial exemption underneath the notification dated 06.05.1986 in addition to the decreased charge of tax @ six% underneath notification dated 21.01.2000.
    To reply The difficulty lifted, it’s important
    to check with the notifications along with
    the language employed therein to confirm the basic intention therein and to understand whether or not grant
    of simultaneous exemptions and Positive aspects will be
    contrary towards the said notifications. The very first notification dated 06.05.1986 reads as under:
    – Notification No.F.four(seventy two)FD/Gr.IV/81-18, S.O.
    23, Could six, 1986.

    In workout in the powers conferred by sub-section (five) of part eight of the Central Sales Tax
    Act, 1956( Central Act 74 of 1956), the State Govt, on currently being glad
    that it’s important so to complete in the general public desire, in supersession of the Finance
    Section Notification No. File.four (72) FD/Gr.

    IV/eighty one-36, dated December 3, 1985, hereby directs
    that, with immediate outcome, any supplier, owning his
    position of business enterprise and manufacturing products from the Condition of
    Rajasthan, may possibly claim partial exemption in the tax payable in respect with the
    product sales by him of this kind of merchandise in the midst of inter-Point out trade or commerce By means of reduction at the rate of fifty% of the tax so payable on increased profits upto fifty% and at the rate of seventy five% in the tax so payable on increased income revamped and
    previously mentioned the aforesaid 50%, inside the fashion and topic into the conditions as follows:-
    (1) Such reduction of tax shall be allowed to a vendor only right after and in respect of the increase and that is effected in the percentage from the quantum of products offered in the midst of inter-Point out trade or commerce outside of the total
    quantum of products sold within the Condition and in the
    midst of inter- State trade or commerce and dispatched to Head Office, Department Business, Depot or agent outside
    the Point out available for purchase outside the house the Condition, during any accounting calendar year
    as in opposition to these types of proportion over the accounting 12 months 1984- eighty five.

    (2)In the case of a vendor who commenced the manufacture of
    goods while in the Condition of Rajasthan on or immediately
    after one.one.1985, the common on the aforesaid percentages in regard of
    another producers in the Point out in the relevant sector in the accounting year 1984-eighty five, calculated and determined by the examining authority While using the acceptance from the Commissioner, shall be considered to
    become the percentage in respect of these kinds of dealer to the accounting year 1984-85;

    (three) This raise effected in The share, as referred to in clause (1)
    earlier mentioned in respect of the income in the midst of inter-State trade or commerce, to get regarded shall be limited to the extent
    in the lessen in The share in regard in the despatch of goods
    to go Business office, Branch Business office, Depot or agent outside the house the State on the market
    outdoors the Point out, during the related accounting
    yr as against this sort of share in the course of the accounting year 1984-85; and
    (4) No assert for this kind of reduction of tax shall be authorized in respect of levy- cement.

    fifteen. The notification dated 21.01.2000 is as beneath:- [No.F.4(one) FD/Tax Div. ninety seven-266] Jaipur, 21st January,
    2000 In physical exercise on the powers conferred by
    sub-portion (five) of portion eight on the Central Income Tax Act, 1956 the Point out Governing administration staying glad that it’s important in the general public interest so to do,
    hereby directs that the tax payable under sub-sections (1)
    and (2) on the said part, by any vendor obtaining his spot of company within the
    State, in respect of sale of cement created by him from any
    this sort of area of business in the State, in the midst of inter-state trade or commerce, shall be calculated at the
    rate of six% on the subsequent conditions, namely:-

    one. The seller shall record the right name with whole and total tackle of
    the purchaser in the Monthly bill or hard cash memorandum for this kind
    of inter- Condition sale to be issued by him;

    two. The burden of evidence that the transaction was
    in the nature of inter- State sale shall be on the supplier; and

    three. That the dealer making inter-Point out gross sales
    less than this notification shall not be suitable to assert Rewards furnished by
    notification No.F.4(72) FD/GR.IV/eighty one-18 dated six.five.1986 as amended every now and then.

    sixteen. On the careful scanning from the notification dated 06.05.1986, it is evident that
    it makes it possible for partial exemption from gross
    sales-tax on inter-State product sales, matter to and within the fashion stipulated therein. The
    exemption of seventy five% or 50% is granted with reference to your quantum of goods bought in the midst of inter-State trade or commerce outside
    of the full quantum of goods offered throughout
    the State, as towards this kind of percentage through the accounting yr 1984-85, that
    is addressed as The bottom year. According to the notification, it can be relevant to the seller that has his
    put of business enterprise; and he must be manufacturing goods inside the Condition. The intention is
    to stimulate inter- Condition sale of goods made and marketed by a vendor from the Point
    out of Rajasthan. It’s a objective. The increase in quantum of products
    offered in inter-Condition trade or commerce with
    reduction in quantum of stock transfers By means of branch or depot transfers
    on which NIL or no Central Profits tax is relevant would enhance the earnings of your Point out.
    Clause 4 with the notification envisages that no reduction of tax is
    to be allowed in regard of levy cement. Computation of the entire quantum of
    products with reference on the exclusion of
    levy cement is just not a subject from the present charm and that is pending for thing to consider ahead of the
    Appellate Bench and Single Judge of your Significant Court.
    Even so, it is apparent that improvements in figures of the quantum of
    goods, irrespective of whether with reference to inter-State profits and
    intra-Point out profits in The bottom calendar year and from the yr where profit is claimed, would effect the dedication and
    quantification with the profit. As a result, the exclusion or inclusion from the quantum or turnover is significant and substantial.

    17. The 21.01.2000 notification applies to a vendor using a area of organization while in the Condition and is particularly in regard of sale of cement created by him
    from any place of company within the State in the middle of inter-Point out
    trade or commerce. Besides the above mentioned, selected other situations are to get satisfied.
    They can be (a) sales-tax in respect of inter-Point out gross sales as per the notification will be calculated at the rate of 6% and (b) the seller making
    inter-Condition profits below notification dated 21.01.2000 wouldn’t be eligible to say advantage supplied from the notification dated 06.05.1986.

    Clause three with the notification lays down that
    if a vendor promises profit below notification dated 21.01.2000, he is
    not qualified to claim the profit less than notification dated 06.05.1986.
    Benefit beneath the two notifications cannot be claimed concurrently.
    It is straightforward and clear.

    eighteen. A seller making inter-Point out revenue underneath the notification dated 21.01.2000 is disqualified rather than suitable to say
    reward beneath the notification dated 06.05.1986. The main reason would
    be to deny twin advantage and likewise the notification dated 06.05.1986
    computes the advantage on the basis of turnover.
    Bifurcation and division of turnover would result in distortion and result in anomalies.

    19. To get over the aforesaid deadlock, the realized
    counsel with the appellant has raised three contentions.

    The 2 notifications staying beneficial needs to be liberally
    construed, for it can’t be assumed that the intendment was that if an assessee statements and was entitled to a comparatively compact
    or partial exemption beneath notification dated 06.05.1986, he could well be deprived on the
    exemption even when he meets the circumstances in paragraphs one and 2 on the notification dated 21.01.2000.
    The submission is that the assessee could possibly get benefit
    of equally the notifications but not the twin profit from the sense that inter-State profits on which good thing about concessional amount of tax of 6% will not be availed of
    may be granted partial exemption below notification dated 06.05.1986.

    Rather in addition to the aforesaid argument, it truly is urged that
    partial exemption can be granted under the notification dated 06.05.1986 in respect of this
    kind of intra- Point out profits not covered with
    the notification dated 21.01.2000; and benefit of partial exemption beneath notification dated 06.05.1986 would co-exist with the notification dated 21.01.2000, while
    in respect of different and unique transactions.
    The 2nd limb of argument is that this interpretation was the
    comprehension of the respondents, as they had issued circular dated 15.04.1994 and pursuant to your stated circular,
    the appellant and the opposite assessees ended up prolonged advantage of the notification dated 06.05.1986 and in addition the notification dated 07.03.1994, that
    has now been replaced and re- introduced in the
    shape of notification dated 21.01.2000. The plea of regularity particularly when the earnings in previously many years
    had acknowledged the claimed interpretation is highlighted.

    The last plank of argument will be the round dated fifteen.04.1994 was clarificatory
    and had rightly interpreted and expounded the interplay
    in between The 2 notifications. Thus, the circular dated 15.04.1994 under
    the notification dated 07.03.1994 would equally apply and would tutorial the interpretation with the notification dated 21.01.2000.

    20. So as to appreciate the contentions raised, it really
    is very important to reproduce notification dated
    07.03.1994 as well as round dated 15.04.1994, and also the round dated 16.04.2001 by which circular dated
    15.04.1994 was withdrawn. The notification dated
    07.03.1994 reads as beneath:- Notification No.File.four (8) FD/Gr.IV/ninety four-70 S.O.
    No. 200, Jaipur, dated March 7, 1994.

    In exercise from the powers conferred by sub-part (5) of area eight in the Central Product sales
    Tax Act, 1956 (Central Act seventy four of 1956), As well as in supersession of
    the Office Notification No.F.four (72) FD/Gr.IV/82-34,
    dated 27.06.1990, the Point out Authorities currently being glad that
    it’s important in the general public interest so to accomplish, hereby directs that the tax payable below sub- sections (1) and (two) with
    the claimed part, by any vendor obtaining his place of company in the Point out, in respect of the income
    of cement created by him from any this sort of place of enterprise in the midst of inter-Condition trade or commerce shall be calculated
    at the speed of 4 percent without having furnishing of declaration in type C or certification in type D on the subsequent circumstances, specifically:-
    (i) the supplier shall report the identify and whole and comprehensive deal with on the purchaser in the
    Invoice or income memorandum for this sort of inter-Condition sale to be issued
    by him;

    (ii) the load to show the transaction was in the nature of inter-Point out sale, shall be to the seller; and (iii) that
    the supplier producing inter-State gross sales below this
    notification shall not be suitable to claim advantage delivered for via the notification No.F.four.
    (seventy two) FD/Gr.IV/81-eighteen, dated six.five.1986, as
    amended on occasion.

    This notification shall come into force from 1st April, 1994 and shall keep on being in pressure upto 31st March, 1997.

    21. The circular dated 15.four.1994 is reproduced beneath:
    – Tax Policy circular No.2/ninety four-95 Point out of Rajasthan Industrial Tax Division No.
    Pa. sixteen/Spending budget/Tax/Commissioner/94-95/108 Dated fifteen/4/1994 To, All Deputy Commissioners, Business
    Tax All Assistant Commissioners, Business Tax All
    Business/Assistant Business Tax Officers Round The
    notification No. Pa. four (eight) FD/Team-4/ninety four-70 dated 7/3/1994 was issued with the Condition Federal government and the speed of central tax around the inter-Condition sale of cement is fastened unconditionally
    at 4 per cent in the event the declaration variety-C or variety-D is not submitted in between 1/four/1994 to 31/three/1997.
    Underneath the reported notification the trader accomplishing the
    inter-Condition sale shall not be entitled to
    claim for your profit built readily available from the notification No.
    F4 (seventy two) FD/Group-four/sixty one-18 dated
    six/five/1986 amended every so often.

    It’s manufactured clear With this respect that the benefits manufactured available in the notification No.
    File 4 (72) FDR-Team-4/81-eighteen dated six/five/1986
    as amended from time to time with respect towards the inter-Point out
    sale from the cement performed With all the kind-C or kind-D, but
    aforesaid reward shall not be readily available in the event the inter-State sale is completed without the form-C
    or form-D.

    22. The circular dated 16.04.2001 withdrawing the round dated 15.04.1994 is as follows:
    – Authorities OF RAJASTHAN Industrial TAXES DEPARTMENT No.F-sixteen (Finances) Tax/CCT/ninety
    four-95/119 Dated April 16th, 2001 All Dy.
    Commissioners All Assistant Commissioners All Industrial Taxes Officers.

    All Assistant Industrial Taxes Officers.

    Round An issue has long been lifted as towards the applicability of Finance
    Department notification No.File.four(seventy two)FD/Br.IV/ eighty
    one-eighteen dated 06.05.1986 vis-a-vis notification No.File/(eight) FD/Gr.IV/ninety four-70 dated 07.03.1994 and comparable subsequent notification dated twelve.03.1997 and the existing notification dated
    21.01.2000. The issue continues to be examined and it really is clarified that a
    supplier can avail the benefit of possibly of both of these notifications
    in any economical yr. By way of example, if he opts for advantage beneath notification dated 06.05.1986 for that fiscal 12 months 2000-2001, he would not be entitled to say
    simultaneous profit in a similar 12 months under the notification providing for cut down charge of tax on cement in system of inter-state trade
    or commerce without any supportive Form C or D.

    For that reason, if the advantage of notification dated 21.01.2000 is getting availed in almost any monetary 12 months, the supplier shall
    be debarred from boasting any benefit under notification dated 6.5.1986 for
    the same evaluation 12 months.

    Maintaining in see the above mentioned status, the Circular No.F.sixteen (Spending budget)Tax/CCT/ninety four- ninety five/108 dated fifteen.04.1994
    is hereby withdrawn and also the sellers
    are going to be entitled to say advantage of either of the two notifications in almost any financial calendar year.
    Action can be taken appropriately.

    Sd/- (P.K.Deb) Commissioner

    23. Given that the factual rating would depict,
    Notification dated 07.03.1994 was applicable from 1st April, 1994 to 31st March, 1997.

    It wasn’t applicable with result from 1st April, 1997.
    In such a problem, the plea from the appellant that
    twin Positive aspects ended up availed of less than notification dated 07.03.1994 submit 1st April, 1997 is unacceptable and has to be turned down. Whether it is pointed out, by An additional notification No.
    97-122 dated 12.03.1997, the State Govt experienced rescinded notification dated 07.03.1994 and directed that the Central Sales Tax shall be calculated @ four%,
    subject matter into the condition that the supplier making inter Condition profits in this
    notification wouldn’t be suitable to claim benefit of
    partial exemption underneath the notification dated 06.05.1986.
    The notification dated twelve.03.1997 had remained in drive upto 31st March, 1998.
    The circular dated fifteen.04.1994 in express words and phrases
    was not relevant for the notification dated 21.01.2000.

    24. It can be limpid the round dated fifteen.04.1994,
    when in pressure, had referred to the notifications dated 07.03.1994 and 06.05.1986.
    Underneath the notification dated 07.03.1994, the speed of central tax on inter-Condition sale of cement was unconditionally mounted at 4%,
    even when there was no declaration in Form C and Type D.
    The notification dated 06.05.1986 referring to inter-State sale essential Type C and Kind D, for
    availing the reward. The circular didn’t in distinct and
    categorical conditions lay down that twin or multiple Positive aspects underneath the
    two notifications may be availed of by the exact same
    supplier. It, even so, appears that each the assessee as well as Earnings had
    understood the round dated 15.04.1994 to suggest that inter- Condition transactions would qualify and could be
    entitled to partial exemption underneath the notification dated 06.05.1986,
    when accompanied with Sort C and D and for inter-Condition sale transactions without having Kind C and D, advantage of
    notification dated 07.03.1994 would implement.

    25. The knowing by the assessee plus the Revenue, from the getting factual
    matrix, has its possess limitation. It’s as the basic principle of res judicata
    might have no software Regardless of the being familiar with by the assessee plus the Profits, with the round dated 15.04.1994, is never
    to the specific influence as advised and, even further notification dated 07.03.1994 was legitimate involving 1st April, 1994 around 31st March, 1997 (upto 31st March, 1997 vide notification dated 12.03.1997)
    and never thereafter. The Commercial Tax Office, by a round, could have extended the reward underneath a notification and, hence, theory of estoppel
    would use, even though you can find authorities which opine that a circular couldn’t have
    altered and restricted the notification into the determent on the assessee.
    Circulars issued below tax enactments can tone down the rigour of law, for an authority which wields electric power for its possess
    benefit is given correct to forego gain when essential and thought of essential.
    This ability to difficulty circulars is for just, good
    and productive administration of your do the job and in public desire.
    It’s a beneficial electricity for right administration of fiscal law, in order that undue hardship
    is probably not caused. Circulars are binding over the authorities administering the enactment but can not change the provision of the enactment, and so forth.
    into the detriment on the assessee.

    Useless to emphasise that a round should not be adverse and
    bring about prejudice into the assessee. (See : UCO Bank, Calcutta v.
    Commissioner of Profits Tax, West Bengal[five]).

    26. In Commissioner of Central Excise, Bolpur v. Ratan Melting and Wire Industries[six], it
    has been held that circulars and instructions issued with the
    Board are binding over the authorities under respective
    statute, but when this Court docket or High Court docket lays down a principle, it
    would be suitable for the Court docket to direct that the round really should
    not be specified impact to, with the circulars are not
    binding to the Court docket. In the situation at hand, once circular dated
    15.04.1994 stands withdrawn vide circular dated 16.04.2001, the appellant-assessee simply cannot assert the
    advantage of the withdrawn circular.

    27. The controversy herein centres around the interval from 1st April, 2001 to 31st March,
    2002. The interval in query is usually write-up the round dated sixteen.04.2001.

    As we find, the appellant-assessee has pleaded to choose benefit of
    the circular dated fifteen.04.1994, which stands
    withdrawn and was only relevant for the notification dated 07.03.1994.

    It was not exclusively applicable into the notification dated 21.01.2000.

    The truth that the 3rd paragraph in the notification dated 21.01.2000 is identically worded into the
    3rd paragraph with the notification dated 07.03.1994 but
    that could not by alone justify the applicability of round dated fifteen.04.1994.

    28. During this context, we may perhaps Observe A further
    competition which has been Superior right before us.
    It is based on the doctrine of contemporanea exposition.
    Within our considered viewpoint, the explained doctrine would not be applicable and cannot be pressed into
    service. Use or practice developed beneath a statute is indicative on the
    which means prescribed to its words by contemporary feeling.
    In the event of an historic statute, doctrine of contemporanea exposition is utilized being
    an admissible help to its development. The doctrine is predicated on the precept
    the phrases Utilized in a statutory provision has to be understood in exactly the same way during which they are often comprehended in normal frequent parlance because of the people in the area and business.
    (See : G.P. Singhs Ideas of Statutory Interpretation, 13th Version-2012 at page 344).
    It’s been held in Rohitash Kumar and Other folks v. Om Prakash Sharma and Some others[seven] which the said doctrine needs to be utilized with caution along with the Rule have to give way once the language on the
    statute is plain and unambiguous. With a cautious scrutiny in the
    language used in paragraph 3 from the notification dated 21.01.2000, it is actually challenging to
    keep the claimed notification is ambiguous or susceptible to two views
    of interpretations. The language being basic and distinct, it does not admit of two distinctive interpretations.

    29. In this regard, we might condition the circular dated 15.04.1994 was ambiguous and, consequently, assuming that it absolutely was in operation and relevant possibly doctrine of contemporanea exposition may be
    taken assist of for its applicability. It is totally clear the benefit and advantage was given underneath the round and not under the notification dated 07.03.1994, which was lucid and couched in various terms.
    The circular having been withdrawn, the rivalry of contemporanea exposition isn’t going to commend acceptation and has
    to be repelled and we do so. We maintain that it will surely not apply into the notification dated 21.01.2000.

    thirty. In check out of your aforesaid analysis, we don’t
    obtain any merit in the moment appeal and a similar is, appropriately, dismissed.

    There shall be no buy concerning prices.

    Civil Appeal No. 6136 of 2013

    31. In check out of your judgment handed in Civil Charm No.
    102 of 2010, this enchantment also stands dismissed. There shall
    be no order concerning charges.

    The Appellant could be the Fourth defendant in O.S.
    No. 666 of 2001 submitted by her brother
    Sri A. V. Venkataraman for partition and allotment of a share of six/twenty during the residence during the Court of Supplemental Subordinate Choose, Chengalpattu.
    Defendants No. one to three would be the sisters of the Appellant.
    It was averred in the plaint that the go well with residence was an ancestral residence
    inherited by The daddy in the Plaintiff, Sri A.V. Venkataraman,
    by a partition deed dated 27.04.1954. Sri A.V. Venkataraman died in 1961
    leaving his wife Smt. A.V. Rathnabai, the Plaintiff along with
    the defendants.

    In accordance with the Plaintiff he was entitled to a share of 6/20, the 2nd and Fourth defendants 6/20 share Every single
    and To start with and 3rd defendants 1/twenty
    share Every on the go well with home. Portion 29 A from
    the Hindu Succession (Tamil Nadu Amendment) Act, 1989 was inserted w.e.f.
    fifteen.03.1989 by which the daughter of the coparcener shall by start grew to become a coparcener in her possess
    right in precisely the same manner to be a son and was specified
    the same legal rights while in the coparcenery home which the son had.
    Defendants one and three married ahead of the Modification and
    in order that they were being entitled to 1/twenty share.
    The Appellant married once the amendment and Defendant No.2 didn’t marry as she was paralyzed in a mishap as a result of which they were being entitled to 6/twenty share.

    The Appellant filed a prepared statement professing a share of 36/ninety.

    two. The Additional Sub Decide, Chengalpattu by his
    judgment dated 27.07.2004 decreed the suit Keeping
    the Plaintiff, the Second Defendant as well as Fourth
    defendant (Appellant) were being entitled to the share of
    6/twenty Every single and Very first and 3rd defendants had been entitled to a share of
    1/20 Just about every while in the match house.
    The Appellant preferred A.S. No. 39 of 2006 wherein she stated which the Plaintiff omitted other Houses which
    were obtainable for partition and the match for partial partition was lousy in legislation. The Principal District Decide, Chengalpattu dismissed
    A. S. No.39 of 2006 by a judgment dated 20.11.2006.
    The Appellant approached the Superior Court of Judicature
    at Madras by filing Next Attractiveness No.1168 of 2007
    which was also dismissed on 01.11.2007.

    3. Aggrieved by the judgment on the Large Court,
    the Appellant submitted Civil Appeal No. 5053 of 2009 which was permitted by this Court
    by a judgment dated 03.08.2009. This Courtroom examined the scope of Segment 29
    A on the Hindu Succession (Tamil Nadu Modification)
    Act, 1989 and held the daughters who received married immediately after 1989 might have equal share as that of a son. After a important assessment
    of your registered deed of partition, this Courtroom held
    that all the immovable Homes inherited by Sri A.V.

    Venkataraman weren’t included in the accommodate program.

    Finally, this Court remitted the subject to the Demo Court docket for The key reason why that
    each one the Houses which had been inherited
    from the Appellants father by advantage in the registered deed of partition dated
    27.04.1954 were not A part of the go well with agenda.

    4. The Additional Subordinate Judge, Chengalpattu by his judgment
    dated 08.09.2010 handed a preliminary decree holding that the Appellant is entitled to 1/four share
    from the accommodate home(property) and which the Plaintiff is entitled
    to remaining 3/four share. The above mentioned
    judgment was passed by the Trial Courtroom on re-assessment of the fabric
    on document right after acquiring that there was
    no documentary proof of availability of any additional assets for partition. It’s applicable to mention that the first
    Plaintiff, A. V.

    Anantharaman, died on 20.04.2010 in the pendency of O.S.
    No. 666 of 2001. Respondents No. one, two and 3 herein ended up brought on history
    as LRs of the initial Plaintiff on 21.07.2010 as Plaintiffs
    No. 2, 3 and 4.

    5. Enchantment Suit No. 3 of 2011 was filed by Respondents No.

    four and 5 herein who are Defendants 1 and three in O.S.
    No.666 of 2001 and Attraction Suit No.9 of 2013 was
    filed by the Appellant herein during the Courtroom
    of Principal District Judge, Chengalpattu, assailing the judgment of the
    Additional Subordinate Judge, Chengalpattu in O.
    S. 666 of 2001 dated 08.09.2010. The Principal District Choose, Chengalpattu authorized equally the appeals, set aside the judgment and decree handed by the Additional Subordinate Choose, Chengalpattu in O.S.
    No.666 of 2001 dated 08.09.2010 and remitted the make a difference back again to your Demo Court.
    It had been held in the above mentioned judgment that the directions given by this Court docket in Civil Charm No.5053 of 2009 weren’t
    complied with with the Demo Court as each of the Attributes that were inherited by Sri
    A.V. Venkataraman through the partition deed dated 27.04.1954 were not included in the partition go well with.

    6. C.M.A. Nos. 3041 of 2014 and 3042 of 2014 were being submitted by Respondents
    No. 1 and a couple of herein (Plaintiffs No. 2 and 3 inside
    the go well with) and C.M.A. Nos.3043 of 2014 and 3044 of 2014 had been filed by Respondents No.
    four and five herein (Defendants No. 1 and three within the fit) while in the Significant Court docket of Judicature at
    Madras tough the judgment dated 09.07.2014 in A. S.

    3 of 2011 as well as a.

    S. No. nine of 2013. The Higher Court docket allowed the CMAs, set aside the judgment and decree
    of the First Appellate Court docket and granted a preliminary decree
    in the accommodate for partition by declaring which the Plaintiffs had
    been entitled for 5/eight share jointly and
    Defendants one, three and four were entitled to one/eight share during the match household property.
    Aggrieved by the explained judgment from the High Court,
    the Appellant has filed the above Civil Appeals.

    7. The Appellant appeared in man or woman and submitted the getting recorded from the Large Court docket that there was no course because of the Supreme Court docket to incorporate other Homes during the accommodate agenda to empower the
    get-togethers to assert their share is erroneous.
    She also submitted the Higher Courtroom was Improper in its discovering that this
    Courtroom even though remanding Civil Attraction No.5053 of 2009 only granted liberty
    to amend the pleadings, file added files and to lead even further proof in guidance from
    the amended pleadings.

    The Appellant also submitted that the judgment of the initial Appellate Court
    was wrongly reversed from the Large Courtroom with a
    mis-interpretation from the remand order passed by this Court docket in Civil Attraction No.5053 of 2009.

    The Appellant additional submitted that the opposite results on other areas from the Large Court were unwarranted.
    The Appellant also submitted which the declaration inside
    the impugned judgment of your Significant Court docket which the Appellant is entitled to 1/eight share is erroneous.
    Mr. V.M. Venkatramana, discovered Counsel, showing for Respondents one and a couple of submitted that apart from the ancestral house there isn’t
    any other Homes which were readily available for partition. He more submitted
    that two plots i.e. Plot 2 and three at 185, Adyarthankal were being obtained underneath
    the Land Acquisition Act in 1956. He also supported the judgment with the Higher Court docket, which In line with him, isn’t going to are
    afflicted with any infirmity.

    8. The one point to get resolved In this instance is whether the High
    Courtroom was suitable in interfering Together with the judgment in the Decrease Appellate Courtroom by which the accommodate was
    remanded to the Trial Courtroom. As mentioned
    before, this Court in its judgment dated 03.08.2009 in Civil Attraction No.5053 of
    2009 has categorically held that each one the Qualities which were inherited by Sri A.V.

    Venkataraman by advantage of a registered deed of partition dated 27.04.1954
    have not been included in the accommodate program. This Courtroom
    Plainly held inside the claimed judgment that One more floor for remand was that the Appellant has taken a regular stand from the beginning that the fit
    for partial partition was negative in law. In our look at, the main Appellate Courtroom was
    proper in remitting the make a difference for the Demo Court docket to take into account another Qualities which were inherited because of the
    Appellants father, Sri A. V.

    Venkataraman, by advantage of the registered deed of partition dated 27.04.1954.

    The Higher Court committed an error in Keeping that there was no path specified by this Court docket for including the other Qualities while in the accommodate plan. The Significant
    Courtroom held that the only real way offered by this Court docket even though remitting back to the Demo Courtroom was to provide a possibility on the parties
    to amend their respective pleadings, file supplemental paperwork and to guide more proof in assistance from
    the amended pleadings. The High Court docket was wrong in disregarding
    paragraph 33 of the judgment through which it absolutely was Evidently held by this Courtroom which
    the remand was warranted in check out of the grounds outlined therein. Among the grounds was that every
    one the Homes which were inherited with the Appellants father, Sri A.V.

    Venkataraman, were not A part of the go well with plan.

    nine. As We have now held that the Substantial Court mis-interpreted the judgment of the Court docket in Civil Attractiveness No.5053 of 2009, we put aside the judgment of the Superior Courtroom
    and uphold the judgment of the very first Appellate Court docket inside a.

    S. No.3 of 2011 and nine of 2013. The Demo Courtroom is directed to look at the subject strictly in accordance
    Along with the Instructions of the Court in Civil Appeal No.5053 of 2009 and judge expeditiously in watch
    from the go well with getting of the yr 2001.

    ten. For the aforementioned reasons, the Civil Appeals are allowed.
    No orders regarding costs.

    The small dilemma involved with this charm is: whether the Significant Court was justified
    in directing keep of the disciplinary proceedings initiated by
    the appellant-Bank from the respondent right until the closure of recording of prosecution evidence
    during the legal scenario instituted in opposition to the respondent, based upon exactly the
    same facts?

    two. The respondent was appointed in the clerical cadre on the appellant- Lender.
    On the applicable time, she was Operating as an Assistant (Clearing).

    Allegedly, a while on 29th May possibly 2006, the respondent by her acts of
    Fee and omission induced reduction into the Financial institution in the sum of Rs.

    forty four,40,819/- by granting credit history to 1 Laxman Parsad Ratre (who
    was an staff of Bhilai Steel Plant). The respondent herself released Laxman Parsad Ratre
    to open an account within the appellant Bank.
    On 7th November 2006, the respondent was put below suspension for indulging in gross irregularities
    and misconduct including of misplacing the clearing devices relating to different clients.
    The respondent vide letter dated 8th November 2006, not simply admitted her misdeeds but
    assured the Chief Manager of returning the amount commensurate
    to your economical loss caused into the Bank as a consequence of her lapses at the earliest, failing which ideal action can carry on in opposition to her.
    The explained conversation reads As a result:

    To, Chief Manager Point out Lender of India Primary Branch, Durg (Ch.G.) Sir, Context :
    – Your memo number “ Serial amount/branch/2006 “ 07/196 dated 30.10.2006.

    In context of your aforesaid memo I’m sorry for the incorrect ways adopted by me.
    I confess that I’ve finished a wrong deed and I am struggling from the sensation of guilt.

    Whichever sum is available in this context that I will consider to pay as early as is possible immediately after obtaining the quantity through the known sources.
    At present I’m able to set up Rs. sixty,000/- And that i am depositing the same.

    By mortgaging the loved ones movable and immovable
    assets, arrangement for obtaining the amount, thought
    and efforts are ongoing for building these kinds of arrangement as early as you can. Due to the
    fact this performs just take time, I really should be supplied right time and
    energy to go even further in exertion and to finish the operate
    of property finance loan.

    Our relatives staying nearby and distant As well as in other states, with them my Speak to is continued
    and arrangement for the amount is ongoing. This work is additionally using time.
    Thus to continue my effort and hard work suitable
    time and energy to be given to me.

    Amount of my C.P.File and income is for use for compensating this quantity.
    I will carry on informing you concerning my each and
    every effort and hard work and may deposit The cash received in checking account.

    I’ve done this work in mental pressure and due to stress of scenario
    for which my heart is sensation sorry that I’ve used all Improper methods and indicates.

    I have two small young children, spouse and aged and ill mother and father, considering all this
    give me an opportunity to deposit the amount received from my aforesaid endeavours for which
    I will be grateful for you for my full lifetime. I have not taken such a Completely wrong stage in fourteen many
    years of my financial institution services
    but this phase I have taken as a consequence of mental stress and circumstance.
    By giving me apology, suitable time to accomplish
    my endeavours.

    I assure you which i won’t dedicate this kind of error in future.

    If I are unsuccessful in the above mentioned efforts, that
    you are independent for initiating proceedings on me.

    Thanking you Dated :- eight.eleven.06 Sd/- (Neelam Nag)
    Senior Assistant

    three. Even so, a FIR was lodged in reference
    to the mentioned irregularities and misdeeds committed via the respondent bearing FIR No.1043/2006, for offences punishable under
    Sections 409, 34 on the IPC by appellant-Financial institution. Laxman Parsad Ratre has also been named as an accused in the stated FIR.

    It really is alleged while in the FIR that Laxman Parsad Ratre who had account in State Bank of India issued
    two cheques in favour of Tanishk Securities the two
    valued Rs.six,50,000/-, being aware of that he didn’t have harmony in his account.

    All those cheques were being deposited by Tanishk Securities
    in their U.T.I. Branch Bhilai for clearance. U.T.I. Department dispatched People cheques to State Financial institution of India at Durg, Bhilai.
    The respondent was posted in that Department at the relevant time, who in connivance With all the co-accused dispatched Those people cheques to State
    Lender of India, Malviya Nagar Branch Though Laxman Parsad Ratre didn’t have account in that Department.
    The cheques had been returned by that Department.

    The respondent intentionally didn’t immediately return All those cheques to U.T.I.
    Branch at Bhilai. Resultantly, U.T.I. Department at Bhilai as per
    the settled exercise assumed that the cheques
    are already cleared and introduced the payment to Tanishk Securities,
    by endorsing payment from the title of Point out Bank of India.
    Thus creating a loss of Rs. 13 lakhs to State Lender of India.
    That was discovered only on 28.ten.2006 through reconciliation of accounts of The 2 Banks.
    Further more, the respondent herself had introduced Laxman Parsad Ratre for opening an account
    from the appellant-Lender. She has admitted
    her lapse from the conversation despatched by her towards the Chief Supervisor
    on the appellant-Lender dated 8th November, 2006.
    Inside of a penned admission provided on sixth November, 2006 Laxman Parsad Ratre described that he was linked to a prison activity in connivance Together with the respondent.
    The FIR is registered for offence of probable lack
    of Rs. 29,53,262/-.

    4. Just after registration of the FIR, the community police proceeded
    Using the investigation and submitted demand-sheet No. sixty three/2007, underneath Area 173 of your Felony Treatment Code, on 6th February, 2007, before the Magistrate.

    Legal Complaint No. 1043/2006 was registered for offences punishable less
    than Sections 409, 34 of IPC. The knowledgeable Courtroom then proceeded to body fees versus the respondent on twelfth June 2007.
    Thereafter, on 7th April, 2008, the appellants, by appellant No.2,
    identified as on the respondent to offer a proof regarding the alleged irregularities and misdeeds committed by her.

    The respondent vide communication dated fifteenth April,
    2008 only denied all of the allegations. The Capable Authority, consequently, decided
    to initiate departmental enquiry towards the respondent, for which, charge-sheet dated nineteenth September, 2008 was
    issued into the respondent, which reads Hence:

    Shri Neelam Nag, Senior Assistant (Suspended) Indian Condition bank Bhilai Metal Plant Location Department Bhilai Sr.
    No. Ankara/Place three/ Anushansha / 820 19th Sep, 2008 Cost sheet I from the capability of disciplinary authority
    charge adhering to fees on you You’ve committed pursuing blunder all through working in Durg Department.

    You’ve got given identification to Lachhman Parsad Ratre for opening the account thereafter through this account through accounts you’ve control
    the operation on the Fund of other administrative accounts.

    By means of preserving account no. 01119-0021348 two cheques
    bearing no. 463553 and 4635554 that’s amounting to Rs.

    6,fifty,00.00 Each individual in favour of Tanishk Securities on 29.5.2006 which was thanks Durg Department.

    Which was submitted by U.T.I. Lender for adjustment, as a
    consequence of not inadequate sum in Durg Department
    rather than returning to Bhilai Department intentionally for building
    the stability of adjustment has transfer to Malviya Nagar Durg Branch with responding.

    Two cheque bearing no. 4635553 and 463554 Every single amounting to Rs.

    65,0000/- which had been on account of Durg Department, Malviya Nagar Branch had returned with T.R.

    on 31.5.2006, which should have return by you to go Department
    Bililai with no proceeding, but you intentionally preserve it
    with you.

    The above mentioned incident detail (information and facts are available in gentle) on 28.10.2006 held department clearing of
    the general account in clearing it make clear that in Udhavi program 07 Rupees 13,00,
    000 entries which was originate by Malviya Nagar Durg Department, it wasn’t responded by Durg
    Department.

    You had connected with Tanishk Securities commodity buying and
    selling and also you by misusing the level
    of Chattisgarh Condition Electrical energy division received deposit while
    in the account of Shri Lachhman Parsad Ratre.

    You have got eradicated the original slip
    of deposit with the account of chattisgarh State Electrical
    energy division and rather than it put in the slip of Shri
    Charge conserving checking account therefore the working and clearing of your preserving bank
    account that has fully commited by you, the entire depth is evident and enclosed in Annexure “ 2.

    Thus you Together with the intention of dishonest you’ve got divert the overall level of Rs.
    forty eight,0000 of sixteen challan of Condition Govt.
    on four.five.2006 (Annexure two(11)).

    The Head Department Bhilai by way of clearing dwelling has
    closed to submit because of cheque in Durg Department, there once the cheque of varied lender located at Bhilai which has deposited in Durg Branch
    really should offered for selection, you shifting the deposit slip of Chattisgarh Condition Electrical power Division latest account planning the deposit slip of Lachhman Ratre has modified.

    Therefore the FDR of recent of Chattisgarh State Energy division has misused (Annexure 2 (twelve)).

    On ninth August, 2006 Chattisgarh Condition Electrical energy divisions has deposited two cheque overall amounting to Rs.
    125916/- of other banks for deposit within their
    present account you by transforming the slip. On account
    of reference on the same day cheque no. 463549
    amounting to Rs. 125916 I.D.B.I. Department Bhilai has
    submitted these cheque in Durg Branch which was in the saving bank account of Shri Ratre, as
    a consequence of not having insufficient fund in the account of Shri Ratre returned but the above mentioned cheque as a result of clearing by
    not returning but by you during the deposit of clearing scroll and transfer both equally aspect with crafty make stability.
    For that reason you by not returning the cheque intentionally with dishonest has tampered The existing account cheque of Chattisgarh Condition Electrical power division.

    Consequently with very well strategy method the amounting to
    Rs. 4440891 has deposit while in the pretend of account of Shri Fee and
    misuse the above quantity and deal with in commodity current market.
    It crystal clear element is enclosed in Annexure 1 amount of witnesses examined so far; plus the lead to for hold off during the completion of demo.
    The State of Chhattisgarh has submitted an affidavit of the extra Superintendent of Law enforcement
    dated 1st August 2016. From this affidavit, it’s found the legal
    demo No.1043/2006 before framing of demand on 12th June 2007,
    was outlined on 13 dates. Just after framing of cost, the make any difference
    has proceeded prior to the Sessions Courtroom on 133 dates.
    In paragraph 9 to eleven with the affidavit, the crack up is presented as underneath:

    nine. It can be additional respectfully submitted that the perusal of Court docket proceedings of 133 dates reveal which
    the hold off in completion of trial was because of several explanations.
    It is submitted that on some dates, the case was adjourned because of
    absence of accused persons. On some dates, the case was
    adjourned as being the prosecutor was absent. The case was also adjourned due to non-availability of data files as it was despatched for the Classes Court
    for determining the Bail Application u/s 439 CrPC. The situation was also
    adjourned on the applying made by the accused individuals to help make offered some paperwork.

    The case was also adjourned as a result of Ld. Presiding Officer on depart,
    the transfer of Presiding Officer, the alter of Court.

    The case was also adjourned resulting from
    strike with the Attorneys or on account of
    Courtroom vacation. From the gist of dates on which the situation was shown ahead of the Ld.

    Demo Court docket, are as follows:

    S.No. Particulars (Reason for Delay) Dates one. Accused Laxman Ratre
    not current 06 2. Accused Neelam Nag not existing fourteen three.
    Prosecution witnesses not existing ten four. Accused individuals not current 05 5.

    ADPO not current 23 six. Paperwork 07 7. Arguments 05 eight.
    Software for bail 07 9. Getting of desire letter 06 10. Circumstance Diary despatched for the Magistrate 05 eleven. Acquiring of Diary 04 12.
    Courtroom vacation 03 thirteen. Strike of Advocates 02 fourteen. Service of duplicate of the case 01 15.
    Improve of expenses 01 sixteen. Time sought from the
    Advocates of accused 01 folks 17. Presiding Officer
    on go away 05 eighteen. Transfer of Presiding Officer 03 19.
    Reply 04 20. Retaining latest standing 04 21. Proof 10 22.
    Situation despatched to copying department 03 23.
    Issuance of instruction concerning situation 01 hand-above 24.
    Receiving of situation on transfer 01 25. Framing of costs 01 26.
    Buy 01 133 DAYS Full=

    10. It’s even further submitted that the perusal with the Court docket proceedings reveal the dates on which, the prosecution witness ended up present and
    the outcome on that day :

    30.06.2007 Prosecution witnesses Pleasure C. Aryakara and Pushpkala existing in Court,
    however, since the make a difference was set for 02.07.2007, they ended up asked to return all over
    again on that date.

    02.07.2007 The above two prosecution witnesses were
    present, having said that, they might not examined
    as a consequence of non-availability of scenario diary and seized paperwork.

    18.07.2008 prosecution witness Pushpkala existing in Court docket even so,
    she could not be examined since the Ld. Presiding Officer was on depart.

    09.03.2009 Prosecution witness Pushpkala existing in Court on the other hand,
    she couldn’t be examined.

    08.ten.2010 Prosecution witnesses Pleasure C. Aryakara and
    Ms. Pushpkala current in Court docket, having said that, they might not be examined because co-accused Laxman Ratre
    was not present nor any advocate appeared
    on his behalf.

    22.07.2011 Prosecution witness Pushpkala was examined Prosecution witness Joy C.
    Aryakara also present in Court docket having said
    that, the defence refused to cross- analyze on the bottom
    of non-availability of selected lender documents. This prosecution witness was thus couldn’t be cross-examined.

    fifteen.09.2011 prosecution witness K.G. Goswami current in Courtroom however, the assessment couldn’t occur
    resulting from absence of accused / respondent No.one Neelam Nag.

    24.09.2011 Prosecution witnesses KG. Goswami and N.

    Chandrashekhar existing in Court. The co-accused Laxman Ratre is absent.
    Witness N. Chandrashekhar couldn’t be examined resulting from non-availability of
    some files.

    04.eleven.2011 Witness N. Chandrashekhar current. The evaluation could not happen resulting
    from non-availability of particular paperwork.

    01.09.2012 Prosecution witness A.S. Jitendra existing in Courtroom.
    The accused / Respondent No.1 Neelam Nag was absent, however, on the ask for of his Counsel, the evaluation of prosecution witness was deferred.

    03.09.2015 Prosecution witness Ramesh Kumar current in Courtroom.
    The accused Neelam Nag was absent. Examination of witness
    didn’t occur.

    02.11.2015 Prosecution witness Ramesh Kumar Present.
    The accused Neelam Nag was absent. Assessment of witness
    didn’t happen.

    11. It is actually submitted that 3 prosecution witnesses have been examined.
    The delay in completion of demo is due to factors mentioned in the
    above paras. Counting on these information, the appellants contend that no additional indulgence is usually proven to your
    respondent and also the safety offered to the respondent with the Substantial Court docket
    need to be vacated preserving in mind the exposition in the
    above outlined documented conclusion. As regards the argument of the respondent
    which the disciplinary proceedings has to be suspended in see of Clause four of the Memorandum of Settlement dated tenth April 2002, arrived
    at by the Administration of fifty two A category Banking com

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