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2008 (4) TMI 546

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..... he Registry to forward a copy of this order to the High Court so that in future whenever such writ petitions come before the High Court the Judges should enquire whether any assessment proceedings or appeals therefrom are pending before proceeded further in the matter. - 9228 of 2005 - - - Dated:- 22-4-2008 - S.H. Kapadia and B. Sudershan Reddy, JJ. REPRESENTED BY : S/Shri C.A. Sundaram, Dhruv Agrawal, Soli J. Sorabjee, P.P Rao, Sr. Advocates, Praveen Kumar, Ms. Rohini Musa, Abhishek Gupta, Nalin Talwar, A.K. Jain, Pradeep Misra, M.L. Lahoty, Pawan Kr. Sharma, Himanshu Shekhar, V.J Francis, Ajay Choudhary and Ms. Neeru Vaid, Advocates, for the Petitioner. S/Shri Parag Tripathy, ASG, Ms. Vandana Mishra, Ms. Rashmi Malhotra, Ms. As .....

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..... clared the affidavit as Director of the Company. We are taking serious view of this matter particularly when huge stakes are involved and it was incumbent on the assessee to disclose to the High Court that an appeal was pending before the First Appellate Authority. In this case the contents of Gutka/Paan Masala is in issue. The record further indicates that the writ petition was filed on 14-7-2004. It further indicates that High Court had issued notice on 19-7-2004. Without counter the matter proceeded and the judgment came to be delivered on 5-11-2004. The position is clear that the matter was taken up by the High Court as the High Court appears to have been told that in the writ petition the question involved was only regarding the .....

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..... ight in taking appropriate action for not complying with requirements of disclosing relevant facts in the Writ Petitions. Learned counsel fairly stated that as a matter of first chance Shri Krishna Chaurasia may be penalised with a fine, particularly, when he assures the Court that in future such mis-statements in the Writ Petition as mentioned in Order of this Court dated 4th March, 2008 would not be made by him in Court proceedings. Mr. Sorabjee, learned senior counsel further states that Shri Chaurasia tenders unconditional apology to this Court which is hereby accepted on the condition that he will deposit Rs. 50,000/- (Rupees fifty thousand) with the Registry within four weeks from today, as fine. It may further be stated that Shri Cha .....

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