Article 323B of CoI : Article 323B: Tribunals for other matters.
CoI
JavaScript did not load properly
Some content might be missing or broken. Please try disabling content blockers or use a different browser like Chrome, Safari or Firefox.
Explanation using Example
Example 1:
Scenario: Dispute over Income Tax Assessment
Situation: Mr. Sharma, a businessman, receives an income tax assessment order from the Income Tax Department, claiming he owes additional taxes for the financial year 2021-2022. Mr. Sharma believes the assessment is incorrect and decides to challenge it.
Application of Article 323B:
- Mr. Sharma can approach the Income Tax Appellate Tribunal (ITAT), a specialized tribunal established under the powers granted by Article 323B.
- The ITAT will adjudicate the dispute, reviewing the evidence and arguments presented by both Mr. Sharma and the Income Tax Department.
- The tribunal's decision can be appealed to the High Court and, subsequently, to the Supreme Court under Article 136, but the jurisdiction of other courts is excluded.
Example 2:
Scenario: Industrial Dispute between Workers and Management
Situation: Workers at a manufacturing plant in Maharashtra go on strike, demanding better wages and working conditions. The management refuses to negotiate, leading to a prolonged industrial dispute.
Application of Article 323B:
- The workers' union can file a case with the Industrial Tribunal, a tribunal established under the powers granted by Article 323B to handle industrial and labor disputes.
- The Industrial Tribunal will hear the case, consid...
Login to access all pages and read more content.
To disable ads and read rest of the premium content, subscribe to KanoonGPT Pro.
KanoonGPT is now faster and smarter, powered by upgraded servers.
Subscribe today and unlock all new features!