HOTEL DARPAN vs SUB-DVNL. MAGISTRATE, MUSSOORIE — C.A. No. 11260/1995

Case under Section III-A. Status: Disposed.

Disposed

CNR: SCIN010068571995

Filing Date

17-May-1995

Registration No

C.A. No. 11260/1995

Diary Number

6857/1995

Order Date

27-Nov-1995

Document Type

Judgment - of Main Case

Disposal Type

Dismissed

Last updated 03-Jun-2026

Acts & Sections

Section III-A

Petitioner(s)

  1. 1.HOTEL DARPAN

    Adv. MANOJ SWARUP (Dead / Retired / Elevated)

Respondent(s)

  1. 1.SUB-DVNL. MAGISTRATE, MUSSOORIE

Case History

  1. Case disposedDisposed

  2. 27-Nov-1995

    Judgment - of Main CaseView PDF

  3. 17-May-1995

    Case filed

    Registration No. C.A. No. 11260/1995

casestatus.in Summary

The Supreme Court allowed Hotel Darpan's appeal against ambiguous penalty notices issued under the U.P. Taxation and Land Revenue Laws Act, 1975. The Court held that while penalties cannot be imposed merely for non-filing returns (only best-judgment assessment is permitted), the impugned orders were too ambiguous to clarify whether the Rs. 5,000 demand constituted a tax or penalty. The Court quashed both orders and remanded for the Assessing Authority to issue fresh orders with proper reasoning after hearing the hotel, while also examining whether its claimed advance deposit of Rs. 10,000 should be adjusted. This case analysis is maintained by casestatus.in based on publicly available court records.

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