Adminisrative Tribunal.
pratik
(Querist) 04 July 2010
This query is : Resolved
Under which section or law it is said that under Adminisrative Tribunal CPC & indian evidence act is not applicable.
1. Short title, extent and commencement - This Act may be called the Indian Evidence Act,1872.
It extends to the whole of India except the State of Jammu and Kashmir and applies to all judicial proceedings in or before any Court, including Court-martial, other than Courts-martial convened under the Army Act (44 and 45 Vict.,c.58), [the Naval Discipline Act (29 and 30, Vict.,c.109) or the Indian Navy (Discipline) Act,1934 (34 of 1934) or the Air Force Act (7Geo.5.,C51)] but not to affidavits presented to any Court or Officer, nor to proceedings before an arbitrator;and it shall come into force on the first day of September,1872.
But as per the reading of the direct tax code any proceedings between assessee & the income tax officer will be treated as judicial proceedings so can't we say that say per the reading of the indian evidence act section 1 the act (Indian evidence act) is applicable to the new draft will be coming in force form 1.4.2011 known as DTC, 2009.
Also tell me that under the statue if the tribunal power is created so how can we known that it is a administrative tribunal only & no other tribunal.
ALso this query has been posted many times but LD members aren't able to answer WHy i dont know.
So pls answer the query.
Thanks in advance.
Murali Krishna
(Expert) 05 July 2010
Dear Pratik,
I understood that your query is that "for proceedings before Administrative tribunals, CPC and Evidence Act are not applicable" How?
1. Refer to Administrative Tribunals Act,1985. S.14 of the Act states that administrative tribunals have the jurisdiction of all the metters referred to therein (all service matters) before all courts except Supreme Court.
2. For proceedings before Administrative tribunals, evidence Act in strict sence do not apply because all proceedings shall be in accordance with principles of natural justice.
3. Donot be confused yourself by disjunctively referring to certain paras lifting from quotes or citations or news papers.
