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M/S RASIKLAL KANTILAL & CO. Vs. BOARD OF TRUSTEE OF PORT OF BOMBAY & ORS
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Showing posts with label
M/S RASIKLAL KANTILAL & CO. Vs. BOARD OF TRUSTEE OF PORT OF BOMBAY & ORS
.
Show all posts
Tuesday, February 28, 2017
whether the discretion was appropriately exercised in the case of Gilt Pack. We are only on the question whether the facts of Gilt Pack and the appellant herein are identical.- However, we must make it clear that the authority of the 1st respondent to grant or decline remission of any amount due towards any rate payable under THE ACT must be based on rational consideration and a sound policy. Such a requirement is inherent in the fact that 1st respondent is a statutory body discharging important statutory obligations. 1st respondent could not bring anything on record to our notice which demonstrates the reasons for declining remission as claimed by the appellant nor any clear policy of the respondent which regulates the discretion. In the circumstances, we deem it appropriate to set aside the decision of 1st respondent dated 16.09.1995 in declining the remission and leave it open to the respondent to take appropriate decision on the application duly recording the reasons for such decision
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REPORTABLE IN THE SUPREME COURT OF INDIA ...
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