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    <title>1914 (3) TMI 1 - BOMBAY HIGH COURT</title>
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    <description>Whether an Income tax Collector is a &#039;Court&#039; under Clauses (b) and (c) of Section 195 turns on statutory construction of &#039;Court&#039; and the judicial character of tax proceedings; the Collector&#039;s powers to summon witnesses, take evidence, administer oaths and decide jural relations under Chapter IV with execution under Chapter V afford decree like effect and align with revenue court functions. Applying that construction, conflicting precedents distinguishing administrative inquiries were rejected and the Collector was treated as a revenue court for Section 195 purposes; consequently criminal proceedings requiring court sanction or complaint were held not maintainable and were set aside in favour of the assessee.</description>
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    <pubDate>Tue, 31 Mar 1914 00:00:00 +0530</pubDate>
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      <title>1914 (3) TMI 1 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=276390</link>
      <description>Whether an Income tax Collector is a &#039;Court&#039; under Clauses (b) and (c) of Section 195 turns on statutory construction of &#039;Court&#039; and the judicial character of tax proceedings; the Collector&#039;s powers to summon witnesses, take evidence, administer oaths and decide jural relations under Chapter IV with execution under Chapter V afford decree like effect and align with revenue court functions. Applying that construction, conflicting precedents distinguishing administrative inquiries were rejected and the Collector was treated as a revenue court for Section 195 purposes; consequently criminal proceedings requiring court sanction or complaint were held not maintainable and were set aside in favour of the assessee.</description>
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      <pubDate>Tue, 31 Mar 1914 00:00:00 +0530</pubDate>
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