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    three. The CCT vide Round No. 2/94-ninety five dated fifteen.04.1994 clarified tha inter-Stqte
    gross sales of cement duly supported by C and D varieties shall be eligible
    for advantage of partial exemption notification dated 06.05.1986 and that this sort of
    advantage wouldn't implement to inter-Point out product sales which are not supported by declarations in declarations in Kinds C/D.

    4. By Notification No. ninety seven-122 dated twelve.03.1997 issued underneath Portion 8(5) of
    thhe CST Act, the Point out Authorities rescinded the Notification No.
    94- 70 ddated 07.03.1994 and directed that CST on inter-Point out profits of cement shall be calculated aat the speed off four% inter alia subject
    to fulfilment of the affliction that the seller creating inter-Point
    out product sales under this notification shall not be
    eligible to say advantage supplied by partgial exemption notification dated 06.05.1986.
    This notification remained in force upto 31.03.1998.

    5. Since the factual scoree hhas actually been depicted, for your evaluation calendar year 1997- 98, ddispute arose
    whether the sale of levy cement in the base 12 months, i.e., 1984-eighty five, is
    usually inyegrated and taken into account for calculating Thee bottom a long time figure for
    the objective of calculating the advantages under the notification dated 06.05.1986.

    A re-evaluation recognize was issued for the appellant for disallowing tthe reportdd partial
    exemption on the ground that when calculating the
    advantagess beneath nottification dated 06.05.1986 the appellant-organization experieced not
    included the determine of sale of levy cement made in The bottom 12 months, which is, 1984-85.

    The claimed re-evaluation observe was challenged with the appellant which shaped the subject matter of Writ Petition No.
    1790 of 2001 which was dismissed via the Rajasthan Large Court
    vide purchase dated 24.07.2002. A Special Enchantment bearing No.
    497 of 2002 was submitted versus the order dated 24.07.2002 ahead of the Division Bench and with a reference becoming produced by thee Division Bench, the make a
    digference was referred to a larger Bench and the identical is pending consideration. The same
    dispute about inclusion of levy cement experienced
    alsso arisen forr your assessment yr 1991-92 which were made a decision because of the Tax Board, Rajasthan vide order dated
    sixteen.01.2003 in favvour of the appellant which attained finality considering that
    no revision petition was submitted through the
    Condition versus the mentioned choice. Foor the evaluation 12 monts 1999-2000,
    the appellant was asked vide exhibit induce notice dated
    16.10.2001 to explain whhy the advantage of partial exemption benneath notification dated 06.05.1986 reqlly should not be disallowed onn
    thee bottom that when calculating the advantages beneath notification dated 06.05.1986 the appellant
    experienced not incorplrated the determine of sale of
    levy cement made in The bottomm 12 months, which is, 1984-eighty five.
    Against the stated shlw cause recognize writ petition bearing
    No. 4300 of 2001 was submitted and vidde purchhase dated 14.08.2002 the Substantial Court docket
    disposedd with the reported writ petition in light-weight
    of thee buy dated 24.07.2002 handed in Wriit Petjtion No.
    1790 of 2001. Remaining aggrieved because of thee mentioned purchase,
    the appellant experienced filed a DB Unique Enchantment
    No. 539 of 2002 which can be pending thought. We may quickly explain that we're not
    worried about the explained evaluation yrs.

    6. To the assessment 12 months 2000-2001, a Exhibit Bring about Recognize dated 11.01.2001was issued to the appellant trying to find to disallow the advantage underneath notification dated 06.05.1986 on the ground that thhe appellant
    experienced not calculated the advantages beneath notification dated 06.05.1986 following including the figure of sale of levy cement in the base 12 months, that is, 1984-

    eighty five. From thhe reported display cauuse observee Writ Peetition bearing No.
    551 of 2002 was submitted and that is pending prior to the High Court docket.

    7. In training of energy underneath Segment 8(five) in thee CST Acct tthe Point out Governing administration vide
    Notificatijon No. ninety seven-266 dated 21.one.2000
    directed that tax payable less than sub-sections (1) and (two) in the mentioned Segment
    around the inter- Point out income off cement shall be calculated at thhe rate of 6%
    inter alia matter into tthe situation that the supplier building
    inter-Point out income less than this notification shall
    not be eligible to say profit presented underneath partial exemption noitification dated 06.05.1986.

    eight. After a lapse of seven years from the past circular dated
    fifteen.04.1994, the CCT issued An additional Round No.
    94-ninety five/119 dated 16.04.2001 purporting to clarify the applicability of partial exemption notification dateed 06.05.1986 vis-a-vis notification dated 07.03.1994 and subsequent notifications dated 12.03.1997 and 21.01.2000.

    Via the reported round the competent authority presupposed to condition that the vendor can avail of the advantage of both of these
    two notifications in almost any money yr indicating thereby that if
    he opts to the profit underneath notification dted 06.05.1986 for that yr 2000-2001, he would not
    be entitled to claim simultaneous gain in regard of the exact
    samke yyear under the notification dated 21.01.2000.

    nine. To thhe evaluation calendar year 2000-2001, a clearly show cause recognize dated
    19.08.2003 was issued from the Business
    Taxss Officer for tthe appellant searching for to disallow the benefits
    beneath notification dated 06.05.1986 on a purported retrospective software with the Round dated 16.04.2001.

    Appellant challenged the mentioned exhibit induce see prior to the
    Superior Courtroom By means of a Writ Petition bearing No.
    6192 of 2003. The Significant Court docket vide get dated 18.11.2003 held the claimed demonstrate cause discover dated 19.08.2003 was not justified ass Round dzted
    16.04.2001 could implement only prospectively instead of retrospectively.

    ten. Though finalizing the assessment for your evaluation year 2001-2002, a demonstrate induce discover dated 19.08.2003 wass
    issued purportedly dependant on Circular dated 16.04.2001 necessitating the appellant tto show trigger why the partial exemption claimed less
    than Condition Governments notification No.

    F4(72)FD/Gr.IV/81-18 dated 06.05.1986 really should not be
    disallowed. The appellant submitted itss reply however the assessing authority vide get dated 26.08.2003
    turned down the assert of parrtial exemption only on The idea off Circular dated 16.04.2001 and imposed further tax
    on the assessee for your evaluation calendar year 2001-2002.

    11. The appellant submitted an appeal prior to the Deputy Commissioner (Appeals),
    who authorized the charm on 03.01.2004 Keeping that thee
    appellant would be entitled to avail this sort of partial
    exemption in regard of inter-State gross sales manufactured on which concessional
    rate of six% wasn't avaiped of by it less than notification dated 21.01.2000.

    12. Becoming aggrieved because of the order with the appellate authority, the earnings approached
    the Rajasthan Tax Board in attractiveness contending, inter alia, that as
    per round dated 16.04.2001 the advantage couldn't be claimed beneath notification dated 06.05.1986
    When the device haad created profits underneath notification dated 21.01.2000.
    In essence, it was urged that good thing about equally the notifications couldn't be availed of in a similar fiscal
    year. Thee Tax Board allowed the charm submitted with the profits.
    Versus the purchase on the Tax Board, the appellant submitted revision petition ahead of the
    Higher Coirt docket as well as the uncovered Single Judge vide order dated
    seventeen.04.2009looking at the submssions put forth because oof
    the functions and upon analysing the principle stated in Tata Cummins Ltd.

    v. Point out of Jharkhand[one], M/s Vividh Marbles Pvt.
    Ltd. v. Commercial Tax Officer[two], Point out of
    Rajasthan v. J.K. Udaipur Udyog Ltd. and An additional[3], MRF Ltd.
    Kottayam v. Asstt. Commissioner (Evaluation) Sales Tax and ors.[four] along with other authorities arrived to hold that condition no.

    3 of Notification No. 21.01.2000 must be presented its plain and distinct which means and
    can't be limited only to the precise transaction of
    sale lined by notification dated 21.01.2000 by itself and once the problem no.
    3 unequivocally states that when the assessee avails of the good thing about concessional amount of tax under notification dated 21.01.2000, he simply cannot receive the partial gain as envisaged while
    in the Notification dated 06.05.1986 and appropriately repelled the stand in the assessee.

    thirteen. We have now listened to Mr. S. Ganesh,
    figured out senior counsel for that appellant and Mr. Jatinder Kumar Bhatia, learned counsel for your respondent.

    fourteen. The seminal situation that occurs for
    thing to consider, succinctly place, is whether the appellant is entitled to dual advantage of partial exemption beneath the notification dated 06.05.1986 as
    well as the reduce amount of tax @ 6% less than notification dated 21.01.2000.

    To reply the issue lifted, it is necessary to seek advice from the notifications along with the language utilized therein to confirm the basic intention therein and to understand irrespective of whether
    grant of simultaneous exemptions and Positive aspects could be Opposite
    towards the said notifications. The first notification dated 06.05.1986 reads
    as beneath:- Notification No.File.4(72)FD/Gr.IV/81-eighteen, S.O.
    23, Could six, 1986.

    In training on the powers conferred by sub-portion (5) of segment 8 of your Central Sales Tax Act, 1956(
    Central Act 74 of 1956), the State Authorities, on becoming pleased that it is necessary so to carry out in the general
    public interest, in supersession from the Finance Department Notification No.
    File.four (72) FD/Gr.

    IV/eighty one-36, dated December three, 1985, hereby directs that, with quick effect, any supplier, owning his location of business and production items inside
    the State of Rajasthan, might claim partial exemption with the tax payable in respect from the revenue by him of these items
    in the course of inter-State trade or commerce By the use of reduction at the speed of 50% from the
    tax so payable on elevated sales upto fifty% and at the speed of 75% with the tax so payable
    on amplified revenue revamped and higher than the aforesaid fifty%, while in the method and subject on the conditions as follows:- (1) Such reduction of tax shall be allowed to a vendor only
    after As well as in respect of the rise which is effected in The proportion in the quantum of goods sold
    in the course of inter-Point out trade or commerce away from the total quantum of products marketed throughout the
    Condition and in the course of inter- State trade or commerce and dispatched to move Business office, Branch Business office,
    Depot or agent outdoors the Point out available outdoors
    the State, for the duration of any accounting 12 months as against
    such proportion in the accounting calendar year 1984- eighty five.

    (2)In the case of a vendor who commenced the
    manufacture of goods during the Point out of Rajasthan on or
    soon after 1.1.1985, the standard in the aforesaid percentages in respect of
    one other makers within the State while in the relevant industry in the
    course of the accounting 12 months 1984-85, calculated and based on the examining authority
    Together with the approval of the Commissioner,
    shall be considered to get the percentage in regard of such supplier
    for the accounting yr 1984-eighty five;

    (3) This boost effected in The proportion, as referred to in clause (one) previously mentioned in regard of the sales in the middle of inter-Condition trade or commerce, to
    get deemed shall be limited to the extent of your minimize in the percentage in respect of the despatch of products to go Office, Branch Business office,
    Depot or agent outdoors the State on the market outside the Condition, in the pertinent accounting calendar year as in opposition to these kinds of percentage during the accounting year 1984-85; and
    (four) No claim for this kind of reduction of tax shall be permitted in regard of levy- cement.

    fifteen. The notification dated 21.01.2000 is as under:
    – [No.File.four(one) FD/Tax Div. 97-266] Jaipur, twenty first January, 2000 In workout in the
    powers conferred by sub-part (five) of section 8 with the Central Revenue
    Tax Act, 1956 the State Governing administration staying pleased that it's important
    in the general public desire so to carry out, hereby directs that the tax payable
    less than sub-sections (1) and (two) on the stated section, by
    any dealer obtaining his location of organization in the
    Point out, in respect of sale of cement created by him from any this sort of position of business
    enterprise in the State, in the course of inter-point out trade
    or commerce, shall be calculated at the speed of 6% on the subsequent circumstances, particularly:-

    1. That the vendor shall document the correct name with entire
    and comprehensive address in the purchaser during the bill or
    hard cash memorandum for these types of inter- Point out sale to become issued by him;

    2. The load of evidence that the transaction was
    in the nature of inter- Condition sale shall be about the vendor; and

    three. That the supplier making inter-Condition sales under this notification shall not be
    suitable to assert Positive aspects supplied by notification No.F.4(seventy
    two) FD/GR.IV/eighty one-eighteen dated 6.five.1986 as amended every now and then.

    16. Over a watchful scanning from the notification dated 06.05.1986,
    it can be obvious that it makes it possible
    for partial exemption from income-tax on inter-Condition income, matter to and inside the manner stipulated therein. The exemption of
    seventy five% or 50% is granted with reference to the quantum of goods offered
    in the midst of inter-Condition trade or commerce from the entire quantum of products marketed throughout the Condition, as against these kinds of proportion over the accounting calendar year 1984-85,
    that's handled as the base 12 months. According to the notification, it's relevant to some seller that
    has his area of small business; and he needs to be production products In the Point out.
    The intention is always to inspire inter- State sale of products manufactured and offered by a vendor while
    in the Point out of Rajasthan. It's a reason. The rise
    in quantum of goods marketed in inter-State trade or commerce with reduction in quantum of stock transfers
    by way of branch or depot transfers on which NIL or no Central Gross sales tax is applicable would
    enhance the profits with the Condition. Clause four of the
    notification envisages that no reduction of tax is usually to
    be allowed in regard of levy cement. Computation of
    the total quantum of goods with reference towards the exclusion of levy cement isn't a subject matter in the existing appeal
    and that's pending for thought prior to the Appellate Bench and
    One Choose of your Large Courtroom. Nevertheless, it is clear
    that alterations in figures in the quantum of products, regardless
    of whether with reference to inter-Point out gross sales and
    intra-Condition profits in The bottom yr and from the
    12 months in which gain is claimed, would effects the willpower and quantification from the reward.
    Consequently, the exclusion or inclusion while in the quantum or turnover is vital
    and important.

    seventeen. The 21.01.2000 notification relates to a seller aquiring a
    place of small business in the Point out and is particularly in respect of sale of cement created by
    him from anywhere of small business in the Condition in the
    midst of inter-Point out trade or commerce.

    Besides the above mentioned, specific other situations are for being glad.
    They can be (a) gross sales-tax in respect of inter-Point out revenue as per the notification might be calculated at the rate of 6% and
    (b) the supplier building inter-Condition revenue beneath notification dated 21.01.2000 wouldn't be qualified to claim
    reward furnished within the notification dated 06.05.1986.

    Clause three from the notification lays down that if
    a dealer claims reward underneath notification dated 21.01.2000, he is not eligible to
    say the reward less than notification dated 06.05.1986.
    Advantage underneath the two notifications can not
    be claimed at the same time. It is simple and obvious.

    eighteen. A supplier making inter-State profits under the notification dated 21.01.2000 is disqualified
    instead of eligible to assert benefit beneath the notification dated 06.05.1986.
    The explanation is always to deny twin benefit and in addition the notification dated 06.05.1986
    computes the gain on The premise of turnover. Bifurcation and
    division of turnover would produce distortion and trigger anomalies.

    19. To recover from the aforesaid impasse, the realized counsel for
    the appellant has raised a few contentions. The 2 notifications
    being helpful should be liberally construed, for it can't be
    assumed which the intendment was that if an assessee statements and was entitled
    to a relatively smaller or partial exemption less than notification dated 06.05.1986, he
    could be deprived of your exemption even though
    he meets the problems in paragraphs 1 and 2 from
    the notification dated 21.01.2000. The submission would be that
    the assessee might get good thing about each the notifications
    although not the twin gain while in the sense that inter-Point out profits on which advantage of concessional level of tax of six%
    will not be availed of can be granted partial exemption underneath notification dated 06.05.1986.

    Pretty apart from the aforesaid argument, it is actually
    urged that partial exemption can be granted under the notification dated 06.05.1986 in regard of these types of intra- State profits not included by the notification dated 21.01.2000; and advantage of partial exemption beneath notification dated 06.05.1986
    would co-exist With all the notification dated 21.01.2000, even though in respect of different and
    unique transactions. The 2nd limb of argument is that
    this interpretation was the knowledge of the respondents, as they'd issued round dated fifteen.04.1994 and pursuant to your stated
    round, the appellant and the other assessees ended up extended benefit of
    the notification dated 06.05.1986 in addition to the notification dated 07.03.1994, which has now been changed and re-
    introduced in the shape of notification dated 21.01.2000.
    The plea of consistency especially when the income in before several years experienced
    acknowledged the claimed interpretation is highlighted.
    The final plank of argument could be the round
    dated fifteen.04.1994 was clarificatory and had rightly interpreted and
    expounded the interaction involving The 2 notifications.
    Consequently, the round dated 15.04.1994 under the notification dated 07.03.1994 would equally utilize and would
    guidebook the interpretation from the notification dated
    21.01.2000.

    twenty. In order to appreciate the contentions elevated, it is imperative to breed notification dated 07.03.1994 as well
    as circular dated 15.04.1994, and also the round dated 16.04.2001 by which circular dated fifteen.04.1994 was withdrawn. The notification dated 07.03.1994 reads as beneath:
    – Notification No.File.4 (8) FD/Gr.IV/94-70 S.O.
    No. two hundred, Jaipur, dated March seven, 1994.

    In training of your powers conferred by sub-segment (five) of portion eight in the Central
    Sales Tax Act, 1956 (Central Act seventy four of 1956), As well as
    in supersession of this Office Notification No.F.four (72) FD/Gr.IV/eighty two-34, dated 27.06.1990, the Condition Authorities becoming content that it's important in the public
    curiosity so to complete, hereby directs which the tax payable under sub- sections (1) and (2) with the stated section, by
    any dealer obtaining his location of company within the Point out,
    in respect on the revenue of cement produced by him from any such put of company
    in the midst of inter-Point out trade or commerce shall be calculated at the speed of four percent without furnishing of declaration in variety C
    or certification in type D on the following problems, particularly:-
    (i) the seller shall report the name and complete and complete address on the purchaser inside the bill or
    income memorandum for these inter-Condition sale for being issued by him;

    (ii) that the load to confirm that the transaction was in the nature of inter-Point out sale, shall be
    within the dealer; and (iii) the vendor generating inter-Point out
    income under this notification shall not be qualified to
    claim benefit delivered for through the notification No.File.four.
    (seventy two) FD/Gr.IV/eighty one-18, dated 6.five.1986, as amended on occasion.

    This notification shall occur into power from 1st April, 1994 and shall remain in power upto 31st March,
    1997.

    21. The round dated fifteen.four.1994 is reproduced beneath:- Tax Policy circular No.two/ninety four-95 State of Rajasthan Commercial Tax Office
    No. Pa. sixteen/Budget/Tax/Commissioner/ninety four-95/108 Dated fifteen/4/1994 To,
    All Deputy Commissioners, Professional Tax All Assistant Commissioners, Business Tax All
    Commercial/Assistant Industrial Tax Officers Circular The notification No.

    Pa. four (8) FD/Group-4/94-70 dated seven/three/1994 was issued by the State
    Authorities and the speed of central tax to the inter-Condition sale of cement is fastened
    unconditionally at 4 p.c in case the declaration variety-C or sort-D is just not submitted amongst one/four/1994 to 31/3/1997.
    Underneath the reported notification the trader carrying out the inter-Point out sale shall not be entitled to say for the advantage made accessible from the notification No.
    F4 (seventy two) FD/Team-four/sixty one-18 dated 6/five/1986 amended from time to time.

    It is actually created obvious Within this regard that the
    benefits built out there with the notification No.
    F four (72) FDR-Group-4/81-18 dated 6/five/1986 as amended occasionally with respect
    into the inter-State sale in the cement finished Using the sort-C or form-D, but aforesaid gain shall not
    be out there just in case the inter-State sale is finished
    without the kind-C or form-D.

    22. The round dated sixteen.04.2001 withdrawing the round dated
    15.04.1994 is as follows:- GOVERNMENT OF RAJASTHAN Business TAXES Section No.File-sixteen (Budget) Tax/CCT/94-ninety five/119 Dated April 16th, 2001 All
    Dy. Commissioners All Assistant Commissioners All Business Taxes Officers.

    All Assistant Business Taxes Officers.

    CIRCULAR A question continues to be lifted as into the applicability of Finance Department notification No.F.four(seventy two)FD/Br.IV/ eighty one-18 dated 06.05.1986 vis-a-vis notification No.File/(8) FD/Gr.IV/94-70 dated 07.03.1994 and comparable subsequent notification dated twelve.03.1997 and the existing notification dated 21.01.2000.
    The difficulty is examined and it really is clarified that a supplier can avail the advantage
    of either of both of these notifications in any monetary year.
    For illustration, if he opts for benefit underneath notification dated 06.05.1986 for your
    financial 12 months 2000-2001, he wouldn't be entitled to say simultaneous reward
    in the identical calendar year under the notification offering for lessen charge of tax on cement in system of inter-condition trade
    or commerce with no supportive Variety C or D. Consequently,
    if the good thing about notification dated 21.01.2000 is becoming availed in almost any fiscal 12
    months, the supplier shall be debarred from saying any advantage under notification dated 6.5.1986 for the same evaluation 12 months.

    Maintaining in check out the above position, the Round No.F.sixteen (Finances)Tax/CCT/94- 95/108 dated 15.04.1994 is
    hereby withdrawn and the sellers might be entitled to claim benefit of possibly of The 2 notifications in almost any economical year.
    Motion could possibly be taken accordingly.

    Sd/- (P.K.Deb) Commissioner

    23. Because the factual rating would depict, Notification dated 07.03.1994 was relevant from 1st April, 1994
    to 31st March, 1997. It was not applicable with outcome from
    1st April, 1997. In this kind of circumstance,
    the plea of your appellant that dual Rewards were being availed
    of less than notification dated 07.03.1994 put up 1st April,
    1997 is unacceptable and has to be turned down. Whether it is observed,
    by another notification No. 97-122 dated 12.03.1997, the Condition Government
    had rescinded notification dated 07.03.1994 and directed
    which the Central Revenue Tax shall be calculated @ four%,
    matter to the problem which the supplier making inter Condition sales Within this notification would not
    be suitable to say advantage of partial exemption underneath the notification dated
    06.05.1986. The notification dated twelve.03.1997 experienced remained in pressure upto 31st
    March, 1998. The round dated 15.04.1994 in express phrases was not relevant to your notification dated 21.01.2000.

    24. It is limpid which the round dated 15.04.1994, when in power, had referred into the notifications
    dated 07.03.1994 as well as 06.05.1986. Beneath the notification dated 07.03.1994, the rate of central tax on inter-State sale of cement was unconditionally fixed
    at 4%, regardless if there was no declaration in Sort C and Type D.
    The notification dated 06.05.1986 associated with inter-Point out sale demanded
    Form C and Sort D, for availing the benefit.
    The circular didn't in crystal clear and categorical terms
    lay down that dual or multiple Advantages underneath the two
    notifications might be availed of by exactly the same supplier.
    It, on the other hand, seems that both of those the assessee along with the Earnings
    experienced comprehended the circular dated 15.04.1994
    to indicate that inter- State transactions would qualify
    and might 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 with out Type C and D,
    advantage of notification dated 07.03.1994 would use.

    twenty five. The understanding with the assessee along
    with the Revenue, within the acquiring factual matrix, has its have limitation. It's as the basic principle
    of res judicata would've no software in spite
    of the comprehension through the assessee plus the Income, for your circular dated fifteen.04.1994, is not to the particular result as
    proposed and, even more notification dated 07.03.1994 was
    legitimate amongst 1st April, 1994 as many as 31st March, 1997
    (upto 31st March, 1997 vide notification dated 12.03.1997) rather than thereafter.
    The Professional Tax Office, by a circular, might
    have extended the profit underneath a notification and, as a result, theory of estoppel would use, though you'll
    find authorities which opine that a round couldn't have altered and restricted the notification into the
    determent on the assessee. Circulars issued underneath tax enactments
    can tone down the rigour of law, for an authority
    which wields electric power for its have gain is presented correct
    to forego benefit when demanded and regarded required. This electrical power to situation circulars is for just, right and effective management on the get the job done and in general public interest.
    This is a effective ability for appropriate administration of fiscal legislation, making sure that undue
    hardship is probably not brought about. Circulars are
    binding within the authorities administering the enactment but can't alter the
    provision from the enactment, etcetera. towards the detriment
    of your assessee.

    Needless to emphasise that a circular really should not be adverse and bring about prejudice on the assessee.

    (See : UCO Bank, Calcutta v. Commissioner of Income Tax, West Bengal[five]).

    26. In Commissioner of Central Excise, Bolpur v. Ratan Melting and Wire Industries[six], it's
    been held that circulars and directions issued via the Board are binding over the authorities below respective statute,
    but when this Courtroom or Higher Courtroom lays down a basic principle, It might
    be suitable for the Court to immediate which the circular really should
    not be offered influence to, for that circulars will not be
    binding to the Court docket. In the case at
    hand, at the time round dated 15.04.1994 stands withdrawn vide round dated 16.04.2001,
    the appellant-assessee are not able to claim the advantage of the withdrawn round.

    27. The controversy herein centres around the time period from 1st April, 2001 to 31st March, 2002.
    The time period in question is usually put up the circular
    dated sixteen.04.2001. As we discover, the appellant-assessee has pleaded to consider benefit of the round dated fifteen.04.1994,
    which stands withdrawn and was only applicable
    to the notification dated 07.03.1994. It wasn't particularly relevant to your notification dated 21.01.2000.
    The truth that the 3rd paragraph of the notification dated
    21.01.2000 is identically worded on the 3rd paragraph of your notification dated 07.03.1994 but that would
    not by alone justify the applicability of round dated fifteen.04.1994.

    28. During this context, we could note A further contention which has been Highly developed in advance
    of us. It is predicated upon the doctrine of contemporanea
    exposition. Inside our viewed as belief, the stated doctrine would not be relevant and
    cannot be pressed into company. Use or observe
    made below a statute is indicative from the that means prescribed to its words by present-day
    view. In case of an historical statute, doctrine of contemporanea exposition is used being an admissible help to its design. The doctrine relies upon the precept that the words used
    in a statutory provision need to be recognized in precisely the same way wherein they
    are generally comprehended in everyday typical parlance via the men and
    women in the area and enterprise. (See : G.P. Singhs Principles of Statutory Interpretation,
    thirteenth Version-2012 at website page 344). It's been held in Rohitash Kumar and Some others v.
    Om Prakash Sharma and Other individuals[seven] the mentioned doctrine must be utilized with caution plus the Rule should give way in the event the language from the statute is basic and
    unambiguous. With a careful scrutiny of the language employed in paragraph
    three of the notification dated 21.01.2000, it truly is tricky to hold which the mentioned notification is ambiguous or
    prone to two sights of interpretations. The language staying simple and crystal
    clear, it does not admit of two various interpretations.

    29. During this regard, we might state the circular dated fifteen.04.1994 was ambiguous and, for that reason,
    assuming that it absolutely was in operation and applicable maybe doctrine of contemporanea exposition may very well be taken aid of for its
    applicability. It is completely clear the reward and benefit was supplied beneath the round and never under the notification dated 07.03.1994, which was lucid and couched in several
    terms. The round acquiring been withdrawn, the contention of contemporanea exposition will not commend acceptation and should be repelled and we accomplish that.

    We hold that it will surely not use into the notification dated 21.01.2000.

    thirty. In view on the aforesaid Investigation, we do not obtain any benefit in the moment attractiveness and a similar is, accordingly, dismissed.
    There shall be no buy regarding expenditures.

    Civil Attractiveness No. 6136 of 2013

    31. In check out in the judgment passed in Civil Attractiveness No.
    102 of 2010, this appeal also stands dismissed.
    There shall be no purchase as to fees.

    The Appellant may be the Fourth defendant in O.S. No. 666
    of 2001 submitted by her brother Sri A. V. Venkataraman for
    partition and allotment of the share of six/20 from the property from the Courtroom of Extra Subordinate
    Judge, Chengalpattu. Defendants No. one to three would be the
    sisters in the Appellant. It had been averred while in the plaint
    that the match residence was an ancestral property inherited by the father of the Plaintiff, Sri A.V.

    Venkataraman, by a partition deed dated 27.04.1954. Sri A.V.
    Venkataraman died in 1961 leaving his spouse Smt. A.V. Rathnabai, the Plaintiff as well as the defendants.

    Based on the Plaintiff he was entitled to a share of six/twenty, the Second and Fourth defendants six/20 share each and First and Third defendants 1/20 share Each individual
    of your go well with residence. Segment 29 A from the Hindu Succession (Tamil Nadu Amendment) Act, 1989 was inserted w.e.f.
    15.03.1989 by which the daughter of a coparcener shall by birth became a coparcener in her personal appropriate in a similar
    way as being a son and was specified the same legal rights in the coparcenery house which the
    son experienced. Defendants one and three married previous to the amendment and
    so that they ended up entitled to 1/twenty share. The Appellant married once the amendment
    and Defendant No.2 didn't marry as she was paralyzed in a collision due to which they
    were being entitled to six/20 share.

    The Appellant submitted a created assertion proclaiming a
    share of 36/ninety.

    two. The Additional Sub Judge, Chengalpattu by his judgment dated 27.07.2004 decreed the fit holding that the Plaintiff, the 2nd Defendant as well as the Fourth defendant (Appellant) had been entitled to the share of 6/20 Each individual and
    1st and Third defendants were entitled into a share of 1/20 Every within the go well with assets.
    The Appellant most well-liked A.S. No. 39 of 2006 in which she said the Plaintiff
    omitted other Qualities which have been readily available
    for partition and that the match for partial partition was
    lousy in law. The Principal District Judge, Chengalpattu dismissed A.
    S. No.39 of 2006 by a judgment dated twenty.11.2006.

    The Appellant approached the Large Courtroom of Judicature at
    Madras by submitting Second Appeal No.1168 of 2007 which was also dismissed on 01.11.2007.

    3. Aggrieved because of the judgment on the Substantial Courtroom, the Appellant filed Civil Appeal No.
    5053 of 2009 which was authorized by this Courtroom
    by a judgment dated 03.08.2009. This Courtroom examined the scope of Segment 29 A of your
    Hindu Succession (Tamil Nadu Amendment) Act, 1989 and held
    that the daughters who got married right after 1989 might have equal share as that of a son. Following a important evaluation of your registered deed of partition, this Courtroom
    held that each one the immovable Houses inherited by Sri
    A.V.

    Venkataraman were not included in the fit timetable.

    Ultimately, this Court remitted the make a difference towards the Demo
    Court docket for The key reason why that every one the Attributes which have been inherited through the Appellants
    father by virtue with the registered deed of partition dated 27.04.1954 were
    not A part of the match timetable.

    4. The extra Subordinate Judge, Chengalpattu by
    his judgment dated 08.09.2010 handed a preliminary decree holding which the Appellant
    is entitled to one/4 share of the suit home(household)
    and that the Plaintiff is entitled to remaining three/four share.
    The above mentioned judgment was passed via the Demo Court on re-evaluation of the material
    on record right after locating that there was no documentary evidence of availability of any
    further property for partition. It's applicable to
    say that the original Plaintiff, A. V.

    Anantharaman, died on 20.04.2010 throughout the pendency of O.S.
    No. 666 of 2001. Respondents No. one, 2 and three herein had been brought on report as LRs of the
    original Plaintiff on 21.07.2010 as Plaintiffs No.

    2, 3 and 4.

    5. Charm Suit No. three of 2011 was filed by Respondents No.

    four and five herein who are Defendants 1 and 3
    in O.S. No.666 of 2001 and Appeal Suit No.nine of 2013 was submitted with the
    Appellant herein while in the Court docket of Principal District Decide, 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 allowed the two the appeals, put aside
    the judgment and decree handed by the extra Subordinate Decide, Chengalpattu in O.S.
    No.666 of 2001 dated 08.09.2010 and remitted the make a difference back again on the Trial Court.

    It was held in the above mentioned judgment the Instructions supplied by this
    Court docket in Civil Attractiveness No.5053
    of 2009 weren't complied with with the Demo Courtroom as each of the properties that were inherited by Sri A.V.
    Venkataraman by the partition deed dated 27.04.1954 weren't A part of the partition fit.

    6. C.M.A. Nos. 3041 of 2014 and 3042 of 2014 have been filed
    by Respondents No. one and a pair of herein (Plaintiffs No.
    two and three in the go well with) and C.M.A. Nos.3043 of
    2014 and 3044 of 2014 were being submitted by Respondents No.
    4 and five herein (Defendants No. 1 and 3 during the accommodate) inside the Higher Court docket of Judicature at
    Madras hard the judgment dated 09.07.2014 inside of a.
    S. three of 2011 plus a.

    S. No. nine of 2013. The Large Courtroom permitted the CMAs, set aside the judgment and decree of the primary Appellate Courtroom and
    granted a preliminary decree while in the fit for partition by declaring
    which the Plaintiffs were being entitled for 5/eight share jointly and Defendants 1, three and 4 have been entitled to
    1/8 share while in the suit property property.
    Aggrieved via the stated judgment of your Substantial
    Courtroom, the Appellant has submitted the above mentioned Civil Appeals.

    7. The Appellant appeared in person and submitted the locating recorded from the Superior Courtroom that there was no direction because of the Supreme Court to include other Qualities
    inside the accommodate plan to permit the functions to say their
    share is erroneous. She also submitted which the Higher Court docket
    was wrong in its locating this Court while remanding
    Civil Charm No.5053 of 2009 only granted liberty to amend the pleadings,
    file additional paperwork and to guide even more
    proof in assist with the amended pleadings.

    The Appellant also submitted the judgment of the main Appellate Courtroom was wrongly reversed through the Substantial Court docket
    on the mis-interpretation of the remand get passed by this Court
    docket in Civil Enchantment No.5053 of 2009. The Appellant further submitted that another
    results on other areas because of the Superior Court docket had been unwarranted.
    The Appellant also submitted that the declaration from the impugned judgment from the
    Large Court which the Appellant is entitled to one/eight share is faulty.

    Mr. V.M. Venkatramana, uncovered Counsel, showing up for Respondents 1 and
    a pair of submitted that aside from the ancestral property there isn't any other
    Qualities that were accessible for partition. He further submitted
    that two plots i.e. Plot 2 and 3 at 185, Adyarthankal had been obtained beneath
    the Land Acquisition Act in 1956. He also supported the judgment with the Higher Court docket, which In line with him, won't
    have problems with any infirmity.

    8. The only real point to be made the decision In such a case is if the Large Courtroom was
    proper in interfering Along with the judgment of your Decrease Appellate Court
    docket by which the go well with was remanded to the Demo Court docket.

    As stated previously, this Court docket in its judgment
    dated 03.08.2009 in Civil Attractiveness No.5053 of 2009 has categorically held that every one the Homes
    which were inherited by Sri A.V.

    Venkataraman by virtue of the registered deed of partition dated 27.04.1954 haven't
    been A part of the go well with agenda. This Court docket Evidently held
    inside the explained judgment that A different floor for remand
    was which the Appellant has taken a constant stand from the start the
    accommodate for partial partition was lousy in legislation. In our view, the First Appellate Court was ideal in remitting the subject into the Demo Court to take into consideration another Homes which
    ended up inherited via the Appellants father, Sri A.

    V.

    Venkataraman, by virtue with the registered deed of partition dated 27.04.1954.
    The Higher Courtroom committed an mistake
    in holding that there was no direction provided by
    this Court for such as the other Homes inside
    the go well with plan. The Significant Court held that the sole direction presented by this Court docket
    although remitting back again into the Demo Courtroom was to offer an opportunity on the events to amend their
    respective pleadings, file further files and to lead
    further more proof in support from the amended pleadings.
    The Higher Court docket was Incorrect in disregarding paragraph 33 of the judgment
    wherein it was Evidently held by this Court docket the remand was warranted in view on the grounds stated therein. One of many grounds was that each one
    the properties that were inherited from the Appellants
    father, Sri A.V. Venkataraman, were not included in the match schedule.

    9. As We've got held which the Superior Courtroom mis-interpreted the judgment of the Court docket in Civil
    Attractiveness No.5053 of 2009, we put aside the judgment from the Large Court and uphold the judgment
    of the primary Appellate Court docket within a.

    S. No.3 of 2011 and 9 of 2013. The Demo Court docket is directed
    to evaluate the make any difference strictly in accordance While using the Instructions
    of the Courtroom in Civil Attraction No.5053 of 2009 and judge expeditiously in check out of your fit remaining with the year
    2001.

    10. For that aforementioned reasons, the Civil Appeals are
    permitted. No orders concerning charges.

    The shorter problem involved in this attractiveness is: if the Substantial Court was justified in directing continue to be
    from the disciplinary proceedings initiated through the appellant-Financial institution against the respondent right until the closure
    of recording of prosecution proof during the felony scenario
    instituted in opposition to the respondent, based on precisely the same points?

    two. The respondent was appointed during the clerical cadre with the appellant-
    Bank. In the related time, she was Functioning as an Assistant (Clearing).

    Allegedly, some time on 29th Might 2006, the respondent
    by her acts of commission and omission brought on loss for the Financial institution while in the
    sum of Rs.

    44,forty,819/- by granting credit score to 1 Laxman Parsad Ratre (who was an personnel of
    Bhilai Metal Plant). The respondent herself launched Laxman Parsad Ratre to open an account while in the appellant Lender.
    On seventh November 2006, the respondent was placed underneath suspension for indulging
    in gross irregularities and misconduct including of
    misplacing the clearing devices relating to numerous customers.
    The respondent vide letter dated 8th November 2006, not just
    admitted her misdeeds but assured the Main Manager of returning the amount commensurate
    on the economical decline induced into the Bank thanks to her lapses in the earliest, failing which acceptable motion can proceed towards her.
    The explained communication reads As a result:

    To, Main Manager Point out Bank of India Main Branch, Durg (Ch.G.) Sir, Context :
    – Your memo selection “ Serial selection/department/2006 “ 07/196 dated 30.10.2006.

    In context of your respective aforesaid memo I am sorry for the wrong methods adopted
    by me. I acknowledge that I have completed a wrong deed and I am struggling from the feeling
    of guilt.

    Whatsoever quantity is available in this context that I will try out to
    pay as early as is possible following acquiring
    the quantity through the regarded sources. At present I am
    able to organize Rs. sixty,000/- And that i am
    depositing precisely the same.

    By mortgaging the family members movable and immovable home, arrangement for getting the amount, imagined and initiatives are ongoing for earning this sort of arrangement as early as possible.
    Simply because this will work just take time, I ought to be provided correct the perfect time to go additional in hard work and to complete the do the job of home loan.

    Our family being nearby and distant As well as in other states, with them my Make contact with
    is continued and arrangement for the amount
    is continued. This operate is likewise taking time.

    Therefore to continue my hard work right time for you to be supplied
    to me.

    Amount of my C.P.File and income is to be used for compensating
    this amount. I'll keep on informing you relating to my just about
    every effort and hard work and will deposit the money obtained
    in checking account.

    I have finished this work in mental worry and because of
    stress of predicament for which my coronary heart is
    sensation sorry that I have utilized all Erroneous techniques and implies.

    I have two compact young children, spouse and old and unwell mom and father, taking into consideration all this give me an opportunity to deposit the
    amount obtained from my aforesaid efforts for which I will probably be grateful to you personally for my total
    everyday living. I have not taken this type of Erroneous stage in fourteen decades of
    my financial institution assistance but this step I've taken as a result of
    mental pressure and condition. By providing me
    apology, right time to accomplish my endeavours.

    I guarantee you that I will never dedicate this sort
    of error in foreseeable future.

    If I fall short in the above mentioned endeavours, that
    you are impartial for initiating proceedings on me.

    Thanking you Dated :- 8.eleven.06 Sd/- (Neelam Nag) Senior Assistant

    3. However, a FIR was lodged in reference to the mentioned irregularities and misdeeds committed through the respondent bearing FIR
    No.1043/2006, for offences punishable beneath Sections 409, 34 of the IPC by appellant-Bank.
    Laxman Parsad Ratre has also been named being an accused within the claimed FIR.
    It's alleged during the FIR that Laxman Parsad Ratre who had
    account in Condition Lender of India issued two cheques in favour of Tanishk Securities the two valued Rs.six,fifty,000/-, realizing
    that he did not have stability in his account. All those
    cheques had been deposited by Tanishk Securities inside their U.T.I.

    Department Bhilai for clearance. U.T.I. Branch dispatched People cheques
    to State Lender of India at Durg, Bhilai. The respondent was posted in that Department with the pertinent time, who in connivance With
    all the co-accused dispatched All those cheques to
    Point out Lender of India, Malviya Nagar Department While Laxman Parsad Ratre didn't have account in that Branch.
    The cheques were being returned by that Department. The
    respondent deliberately did not immediately return Those people cheques to U.T.I.
    Department at Bhilai. Resultantly, U.T.I. Branch at
    Bhilai According to the settled observe assumed the cheques happen to be cleared and released the payment to Tanishk Securities, by endorsing payment in the title of State Financial institution of India.
    Thus creating a loss of Rs. 13 lakhs to State Lender of India.
    That was exposed only on 28.ten.2006 throughout reconciliation of accounts of the two Banking institutions.

    Even further, the respondent herself had released Laxman Parsad Ratre for
    opening an account inside the appellant-Financial institution. She has admitted her lapse in the conversation sent by her towards the Chief Supervisor in the appellant-Lender
    dated 8th November, 2006. Within a published admission given on sixth
    November, 2006 Laxman Parsad Ratre stated that he was linked to a legal action in connivance Using
    the respondent. The FIR continues to be registered for offence of possible loss of Rs.
    29,fifty three,262/-.

    four. Just after registration of your FIR, the community law enforcement proceeded Together
    with the investigation and filed demand-sheet No. 63/2007, beneath Part 173 of the Prison Process Code, on sixth February, 2007,
    ahead of the Justice of the peace.

    Criminal Criticism No. 1043/2006 was registered for offences punishable
    below Sections 409, 34 of IPC. The proficient Court docket then proceeded to body costs in opposition to the respondent
    on twelfth June 2007. Thereafter, on 7th April, 2008,
    the appellants, by appellant No.2, named on the respondent to supply an explanation regarding the alleged irregularities and misdeeds committed by her.
    The respondent vide conversation dated fifteenth April,
    2008 basically denied all of the allegations. The Qualified Authority,
    consequently, chose to initiate departmental enquiry against the respondent, for which,
    cost-sheet dated nineteenth September, 2008 was issued
    for the respondent, which reads thus:

    Shri Neelam Nag, Senior Assistant (Suspended) Indian State bank Bhilai Steel Plant Location Branch Bhilai Sr.
    No. Ankara/Spot 3/ Anushansha / 820 19th Sep, 2008 Cost sheet I during the potential of disciplinary authority cost
    following prices upon you You've got committed next mistake all through Doing work in Durg Department.

    You've provided identification to Lachhman Parsad Ratre for opening the account thereafter by way of
    this account as a result of accounts you might have regulate the Procedure of your Fund of other
    administrative accounts.

    By saving account no. 01119-0021348 two cheques bearing no.
    463553 and 4635554 which happens to be amounting to
    Rs. six,fifty,00.00 Every in favour of Tanishk Securities on 29.five.2006 which was because of Durg Branch.
    Which was submitted by U.T.I. Lender for adjustment, on account of not insufficient amount of money in Durg Department in lieu of returning to Bhilai Branch deliberately for generating
    the balance of adjustment has transfer to Malviya Nagar Durg Branch with
    responding.

    Two cheque bearing no. 4635553 and 463554 Each individual
    amounting to Rs. sixty five,0000/- which had been on account
    of Durg Branch, Malviya Nagar Department had returned with T.R.

    on 31.5.2006, which ought to have return by you to move
    Department Bililai with none continuing, however , you
    deliberately maintain it with you.

    The above mentioned incident depth (details can be found in mild) on 28.10.2006 held department clearing of
    the final account in clearing it clarify that in Udhavi agenda 07 Rupees thirteen,00,000 entries which was originate by
    Malviya Nagar Durg Department, it wasn't responded by Durg Branch.

    You experienced hooked up with Tanishk Securities
    commodity buying and selling and also you by misusing
    the level of Chattisgarh State Electrical power division obtained deposit within the account of Shri
    Lachhman Parsad Ratre. You might have taken off the first slip of
    deposit from the account of chattisgarh Point out Electrical energy division and
    in place of it install the slip of Shri Rate conserving checking account thus the dealing and
    clearing in the preserving bank account that has fully commited by you, the whole element is
    clear and enclosed in Annexure “ 2.

    As a result you Using the intention of dishonest you have divert the
    entire number of Rs. 48,0000 of sixteen challan of State Govt.
    on four.five.2006 (Annexure two(eleven)).

    The Head Branch Bhilai via clearing house has shut to post because of cheque in Durg Department,
    there following the cheque of varied bank situated at Bhilai that has
    deposited in Durg Department need to introduced for assortment,
    you shifting the deposit slip of Chattisgarh Point out Electricity
    Division present account planning the deposit slip of Lachhman Ratre has altered.

    Hence the FDR of recent of Chattisgarh Condition Electric power
    division has misused (Annexure 2 (12)).

    On 9th August, 2006 Chattisgarh Point out Electrical power divisions has deposited two
    cheque total amounting to Rs. 125916/- of other
    banking companies for deposit of their existing account you
    by modifying the slip. Because of reference on precisely the same
    day cheque no. 463549 amounting to Rs. 125916 I.D.B.I. Department Bhilai has submitted these cheque in Durg Department which was while in the conserving checking
    account of Shri Ratre, because of not obtaining inadequate fund
    during the account of Shri Ratre returned but the above cheque
    as a result of clearing by not returning but by you while in the deposit of clearing scroll and transfer both of those aspect with cunning make balance.
    As a result you by not returning the cheque deliberately
    with dishonest has tampered the current account cheque of Chattisgarh Point out Electricity division.

    For that reason with well approach manner the amounting to Rs.
    4440891 has deposit during the pretend of account of Shri
    Charge and misuse the above mentioned quantity and fix in commodity market place.
    It very clear element is enclosed in Annexure 1 variety of witnesses examined to this point; and also the bring about for delay within the completion of trial.
    The Point out of Chhattisgarh has filed an affidavit of the extra Superintendent
    of Law enforcement dated 1st August 2016. From this affidavit, it
    really is discovered which the prison trial No.1043/2006 just before framing of cost on 12th June 2007, was outlined on 13 dates.

    Following framing of cost, the make a difference has proceeded ahead
    of the Classes Court on 133 dates. In paragraph nine to eleven in the affidavit,
    the crack up has long been presented as less than:

    nine. It truly is additional respectfully submitted which the perusal
    of Court docket proceedings of 133 dates expose the hold
    off in completion of trial was resulting from numerous good
    reasons. It is actually submitted that on some dates, the situation was adjourned as a consequence of absence of
    accused persons. On some dates, the situation was adjourned because the prosecutor was absent.
    The situation was also adjourned on account of
    non-availability of data files as it absolutely was
    sent towards the Periods Court docket for determining the
    Bail Software u/s 439 CrPC. The case was also adjourned
    on the appliance made by the accused folks to help make available some documents.

    The situation was also adjourned resulting from
    Ld. Presiding Officer on leave, the transfer of Presiding Officer,
    the transform of Court docket. The situation was also adjourned because of
    strike with the Attorneys or resulting from Court holiday getaway.
    While in the gist of dates on which the situation was mentioned before the Ld.
    Trial Court, are as follows:

    S.No. Particulars (Reason behind Hold off) Dates one.
    Accused Laxman Ratre not existing 06 two. Accused Neelam Nag not existing fourteen three.
    Prosecution witnesses not current ten 4. Accused individuals
    not existing 05 five. ADPO not current 23 6. Files 07 seven. Arguments 05 eight.
    Software for bail 07 9. Receiving of demand from customers letter 06 10.
    Situation Diary despatched for the Magistrate 05 eleven. Receiving of Diary 04
    twelve. Court vacation 03 13. Strike of Advocates 02 fourteen. Company of duplicate of the case
    01 fifteen. Transform of prices 01 sixteen. Time sought with the
    Advocates of accused 01 folks seventeen. Presiding
    Officer on leave 05 18. Transfer of Presiding
    Officer 03 19. Reply 04 20. Retaining present standing 04 21.
    Proof ten 22. Circumstance sent to copying Section 03 23.

    Issuance of instruction about situation 01 hand-around 24. Receiving of circumstance on transfer 01 twenty five.
    Framing of rates 01 26. Buy 01 133 DAYS Complete=

    10. It is even more submitted that the perusal of the Court docket proceedings expose the dates on which, the prosecution witness
    were being current and the end result on that
    date :

    thirty.06.2007 Prosecution witnesses Pleasure C. Aryakara
    and Pushpkala current in Courtroom, nonetheless, Considering that the subject
    was fastened for 02.07.2007, they had been requested
    to come yet again on that day.

    02.07.2007 The above two prosecution witnesses
    had been existing, nonetheless, they may not examined resulting from non-availability
    of circumstance diary and seized documents.

    18.07.2008 prosecution witness Pushpkala existing in Court nevertheless, she
    could not be examined Considering that the Ld. Presiding Officer was on depart.

    09.03.2009 Prosecution witness Pushpkala existing in Court docket nonetheless, she could not be examined.

    08.ten.2010 Prosecution witnesses Joy C. Aryakara and Ms.
    Pushpkala existing in Court docket, nevertheless, they may not be examined considering
    that co-accused Laxman Ratre was not present nor any advocate
    appeared on his behalf.

    22.07.2011 Prosecution witness Pushpkala was examined Prosecution witness Pleasure C.
    Aryakara also current in Courtroom having said that, the defence refused to cross-
    examine on the ground of non-availability of specific lender paperwork.
    This prosecution witness was hence couldn't be cross-examined.

    fifteen.09.2011 prosecution witness K.G. Goswami present in Courtroom having
    said that, the assessment couldn't happen resulting from absence of accused / respondent No.1
    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 could not be examined as
    a consequence of non-availability of some paperwork.

    04.eleven.2011 Witness N. Chandrashekhar present. The examination couldn't happen resulting from non-availability of sure paperwork.

    01.09.2012 Prosecution witness A.S. Jitendra existing in Court.
    The accused / Respondent No.one Neelam Nag was absent, even so, for the request of his Counsel, the examination of prosecution witness was deferred.

    03.09.2015 Prosecution witness Ramesh Kumar current in Court docket.
    The accused Neelam Nag was absent. Assessment of witness didn't take place.

    02.11.2015 Prosecution witness Ramesh Kumar Current.
    The accused Neelam Nag was absent. Evaluation of witness did not happen.

    11. It truly is submitted that three prosecution witnesses happen to
    be examined. The hold off in completion of trial is due to factors talked about
    in the above paras. Counting on these specifics, the appellants contend that no further indulgence might be shown towards the respondent
    and the defense presented to the respondent because of the Substantial
    Court need

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