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Goetze (India) Ltd. vs Cit on 24 March, 2006

However, the Hon'ble Supreme Court itself has observed in the case of Goetze [India] Ltd. vs. CIT [supra] that this restriction is not applicable if the issue is raised before the appellate authority. Therefore, the power of the appellate authority to entertain such claim is still there. Therefore, in the interests of justice we set aside the order of the ld. CIT(A) and remit the matter to the file of the AO with a direction to consider this claim."
Supreme Court of India Cites 3 - Cited by 1246 - Full Document

Commissioner Of Income-Tax vs Shakuntala Kantilal on 19 March, 1991

"As regards the decisions of this court in the case of CIT vs. Shakuntala Kantilal [1991] 190 ITR 56 followed in the case of Abrar Alvi [2001] 247 ITR 312] and the decision of the Kerala High Court in the case of Smt. Thressiamma Abraham (No.1) [2001] 227 ITR 802 which are strongly relied upon by the counsel for the assessee, we are of the opinion that the said decisions are no longer good law in the light of the subsequent decisions of the apex court referred to hereinabove."
Bombay High Court Cites 8 - Cited by 92 - Full Document
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