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Commissioner Of Income-Tax vs Kohinoor Flour Mills P. Ltd. on 22 November, 1990

He also cited the decision of Supreme Court in the case of CIT v. Kohinoor Flour Mills (P) Ltd. (1991) 187 ITR 585 (SC) and the decision of Gujarat High Court in CIT v. Kohinoor Flour Mills (1975) 99 ITR 54 (Guj) for the proposition that any amount paid after the due dates of advance-tax should also be considered as advance-tax payment. Proceeding further it was contended by him that even assuming that seized amount cannot be considered as advance-tax payment, the relief should be allowed on the basis of equity and justice and the assessed should not be allowed to suffer on the basis of technicalities. According to him, the object of the entire machinery provisions is to recover the amount and such provisions should be construed considering the objectivity. Therefore, if the amount seized from the possession of the assessed is utilized by the department then credit should be given for the same on the basis of principle of justice and equity.
Supreme Court of India Cites 3 - Cited by 13 - K Singh - Full Document
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