M/S.Ester Industries Ltd. vs C.I.T.,Delhi-Iv on 21 September, 2016
9. It is trite that the authorities under the Act are under
sacrosanct obligation to act in accordance with law. Tax can be
collected only as provided under the Act. If an assessee, under a
mistake, mis-conception or not being properly instructed, is over
assessed, the authorities under the Act are required to ensure that
only legitimate tax dues are collected. This is the view which flows
from innumerable judgments including CIT vs. Shelly Products
(2003) 261 ITR 367 (SC), S. R. Koshti vs. CIT (2005) 276 ITR 165
(Guj), Ester Industries vs. CIT (2009) 185 TAXMAN 266 (Delhi)
and CIT vs. Pruthvi Brokers & Shareholders (P.) Ltd. [2012] 349
I T A N o s . 2 0 3 9 & 2 0 4 0 / Ah d / 1 6 [ D C I T v s . G r e e n l a n d I n f r a c o n P . L t d . ]
A. Y s . 2 0 1 2 - 1 3 & 2 0 1 3 - 1 4 - 6 -