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1.

THE HON’BLE CHIEF JUSTICE
AND
THE HON’BLE SHRI JUSTICE M.S. SANKLECHA
(COURT ROOM NO. 52)

MONDAY TO FRIDAY EXCEPT THURSDAY

 

For admission, final hearing and Interlocutory applications therein:-

  1. Original Side Civil Writ Petitions relating to:-
  2. Challenging vires of an Act or an Ordinance,
  3. Rights of persons with disabilities.
  4. Environmental matters
  5. Infrastructure Projects:- roads, bridges, railways, airports, water transport.

 

  1. Original Side Appeals filed from 1st March 2013.
  2. All Income Tax Appeals, and Interlocutory applications therein,
  3. Chartered Accountants Appeals and References for hearing and final disposal.

 

EVERY THURSDSAY
 Public Interest Litigations (Civil) for admission, final  hearing and order matters therein, except those assigned to other courts.

 

EVERY FRIDAY AFTERNOON SESSION
Hon’ble the Chief Justice will take up Arbitration Applications u/s. 11 of Arbitration and Conciliation Act 1996, where the claim is for an amount of Rs.5 crore or more, and all applications and Court Receiver’s reports therein and Hon’ble Shri Justice M.S. Sanklecha will sit in Court Room No. 26 and will take up Original Side/Appellate Side mattes, to be notified separately.

2.

THE HON’BLE SHRI JUSTICE DR. D.Y. CHANDRACHUD
AND
THE HON’BLE SHRI JUSTICE A.A. SAYED
COURT ROOM NO. 49

For admission, final hearing and order matters therein:

  1. Writ Petitions, references and applications in direct and indirect taxation matters and those relating to Foreign Trade (Regulation and Development) Act, 1992 including FERA, FEMA, Maharashtra VAT, Sales Tax.
  2. Appeals under above Acts/categories (other than those assigned to the D.B. presided over by Hon;ble the Chief Justice).
  3. Writ Petitions/Appeals against SEBI and Electricity Regulatory Commissions.
  4. Original Side Appeals filed up to 28th February 2013.

                         AND
APPELLATE SIDE MATTERS


The Hon’ble Chief Justice and Justice M. S. Sanklecha
(Court Room No. 52)

Appellate Side
(Monday to Friday (except Thursday)

For Admission, hearing and order matters therein:

(A) Appellate Side Civil Writ Petitions relating to:

(i) Rights of persons with disabilities
(ii) Environmental matters

(B) All L.P.As filed from 1.1.2013

(C) All Income-tax Appeals and interlocutary applications therein

(D) Chartered Accountants appeals and reference for hearing and final disposal.

AND

Original Side Matters

Every Thursday

Appellate Side PILs which are part-heard

Every Friday Afternoon Session

Hon’ble The Chief Justice will take up arbitration applications u/s 11 of the Arbitration and Conciliation Act, 1996 and Hon’ble Shri. Justice M. S. Sanklecha will sit in Court Room No. 26 and will take up original side/ Appellate Side matters to be notified seperately

The Hon’ble Shri. Justice Dr. D. Y. Chandrachud and the Hon’ble Shri. Justice A. A. Sayed

(Court Room No. 43)

For admission and final hearing and order matters therein
(A) Writ Petitions, references and applications in direct and indirect taxation matters and those relating to Foreign Trade (Regulation and Development) Act, 1992 including FERA, FEMA, Maharashtra VAT, Sales-tax

(B) Appeals under above Acts/ categories (other than those assigned to the D. B. presided over by the Hon’ble The Chief Justice

(C) Writ Petitions/ Appeals against SEBI and Electricity Regulatory Commission

(D) All Civil PILs

AND

Original Side Matters


The Cabinet Secretariat has issued an important Office Memorandum dated 04.02.2013 pointing out that after the disbanding (pursuant to the judgement of the Supreme Court in Electronics Corporation vs. UOI 332 ITR 58(SC)) of the Committee on Disputes (“COD”) set up to give clearance for litigation between Govt. Departments and PSUs, an attempt had been made by some Govt. Depts/ PSUs to revive the litigation even where the COD had earlier rejected clearance. The Cabinet Committee has now directed that cases where the COD had earlier rejected clearance for litigation should NOT be revived. It has also threatened that violations will be viewed seriously and may attract disciplinary action

 

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Pursuant to the strictures passed by the Supreme Court in DIT vs. Citibank N.A. over the delay in filing SLPs, the CBDT has issued a letter dated 04.02.2013 in which it has pointed out that even after conveying the concern of the Board over the inordinate delay in receiving SLP proposals, about 50% of the proposals are received late. The Board has now directed that in cases where the SLP proposals are sent late, the CCIT/DGIT should fix responsibility for the delay and the name of the officer(s) concerned should be specified in the proposal itself.

 


The Bombay High Court today (17.01.2013) granted ad-interim stay against coercive recovery pursuant to Circular No. 967/01/ 2013 – CX dated 01.01.2013 issued by the Central Board of Excise and Customs. The orders were passed in the case of Uhde India Pvt. Ltd vs. UOI WP 380 of 2013, Exide Industries Ltd vs. UOI WP No. 381 of 2013 and connected matters. The Petitions are now listed for admission on 31.01.2013 to enable the Department to file a reply. The Andhra Pradesh High Court has already granted on 09.01.2013 a stay in the matter in the case of Ultratech Cement Ltd vs. UOI W.P. No. 736 of 2013

 

The view that is taken by the High Courts in these matters will have considerable bearing in income-tax matters as well.

 

Update: In Larsen & Toubro Limited vs. UOI (Bom) parts of the Circular have been struck down as being arbitrary & unreasonable

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The Hon’ble Shri Justice DR.D.Y.CHANDRACHUD AND The Hon’ble Shri Justice A.A.SAYED (Court Room No. 40)

For admission, final hearing and order matters therein :­

(A) Writ Petitions, references and applications in direct and indirect taxation matters and those relating to Foreign Trade (Regulation and Development) Act, 1992 including FERA, FEMA, Maharashtra VAT, Sales Tax.

(B) Original Side Appeals filed up to 31st December 2012.

AND APPELLATE SIDE MATTERS

The Hon’ble Shri Justice J.P.DEVADHAR AND The Hon’ble Shri Justice M.S.SANKLECHA (Court Room No. 31 )

All Income Tax Appeals, for admission, hearing and final disposal, and interlocutory applications therein.

AND Chartered Accountants Appeals and References for hearing and final disposal.

AND ORIGINAL SIDE MATTERS


The Hon’ble Shri Justice J.P.DEVADHAR

AND

The Hon’ble Shri Justice

M.S.SANKLECHA

(Court Room No. 31 )

For admission, hearing and final disposal and interlocutory applications therein :-

Appeals, References and Applications and Writ Petitions pertaining to all Central and State Direct Tax and Indirect Tax  matters,  and   those  relating to  Foreign Trade (Regulation and Development) Act, 1992 including FERA,FEMA, Maharashtra VAT, Sales Tax.

AND

Chartered Accountants Appeals and References for hearing and final disposal.

AND

Specially assigned PILs (Civil).

AND

APPELLATE SIDE MATTERS


Pursuant to the scathing criticism of the Supreme Court in DIT vs. Citibank N.A. on the “peculiar phenomenon” of delay in filing high stakes appeals and the directive that the concerned officials be hauled up, the CBDT has issued a letter dated 19.09.2012 expressing “extreme concern” and directing the CCITs & DGITs to impress upon the field formation to strictly adhere to the timelines laid down in Instruction No. 4 of 2011 & Instruction No. 7 of 2011. It has been made clear that excuses like heavy workload and leave are not acceptable. It has also been threatened that delay in filing appeals/ SLPs may attract administrative action.

 


In partial modification to the judicial assignment dated 21st August 2012, it is hereby notified for the information of the Advocates and the parties appearing in person that the Hon’ble the Chief Justice has been pleased to modify extant
assignment as follows, w.e.f. 24th September 2012:

 

The Hon’ble Shri Justice J.P.DEVADHAR

AND

The Hon’ble Shri Justice

M.S.SANKLECHA

(Court Room No. 31 )

For admission, hearing and final disposal and interlocutory applications therein :-

Appeals, References and Applications and Writ Petitions pertaining to all Central and State Direct Tax and Indirect Tax  matters,  and   those  relating to  Foreign Trade (Regulation and Development) Act, 1992 including FERA,FEMA, Maharashtra VAT, Sales Tax.

AND

Chartered Accountants Appeals and References for hearing and final disposal.

AND

Specially assigned PILs (Civil).

AND

APPELLATE SIDE MATTERS


Shri Justice Altamas Kabir will be the new Chief Justice of India. He will assume the new charge on 29th of this month.

 

Justice Altamas Kabir

Born on July 19, 1948 at Kolkata, Justice Kabir did his LLB and MA from University of Calcutta. He was enrolled at the Bar on August 1, 1973 and was made a permanent judge of Calcutta High Court on August 6, 1990. Justice Kabir assumed the office of acting Chief Justice of Calcutta High Court on January 11, 2005. He was elevated as Chief Justice of Jharkhand High Court on March 01, 2005 and was made a judge of the Supreme Court of India on September 09, 2005.

 

Justice Kabir was responsible for the computerization of the Calcutta High Court and the City Civil Court and other Courts in Kolkatta. He was appointed as Executive Chairman of National Legal Services Authority on January 14, 2010.

 

(Press Release dated 13.09.2012 issued by the Ministry of Law & Justice)