Shree Durga Marbles, Kishangarh vs Assessee on 16 August, 2016
The second paragraph from the judgment in the
Indian Eastern Newspaper Society's case earlier extracted
has also reference only to this situation and insists upon
the necessity of some information which make the ITO
realise that he has committed an error in the earlier
assessment. This paragraph does not in any way affect the
principle enumerated in the two Madras cases cited with
approval in Anandji Haridas [1986] 21 S.T.C. 326. Even
making allowances for this limitation placed on the
observations in Kalyanji Mavji, the position as summarised
by the High Court in the following words represents, in our
view, the correct position in law: