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1 - 8 of 8 (0.24 seconds)Section 119 in The Income Tax Act, 1961 [Entire Act]
Section 132 in The Income Tax Act, 1961 [Entire Act]
Section 234B in The Income Tax Act, 1961 [Entire Act]
Section 234A in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income-Tax vs B.M. Edward, India Sea Foods on 26 February, 1979
6. The learned counsel for petitioner is right in his contention
that normally instructions/circulars applicable or in force on the
first date of the assessment year should be applied, unless there
are good reasons or the intendment to the contrary is so
stipulated or can be clearly implied. Circular/instructions issued
under Section 119 of the Act are primarily to serve guidelines
and are binding on the subordinate authorities visited with
administration of the Act. Sometimes a circular confers rights
and benefits on the assessee with reference to
W.P.(C) 8441/2007 Page 4 of 9
assessment/taxation. The board certainly has right to withdraw
or recall the circular, but normally the circulars prejudicially
affecting the rights of the parties should not be withdrawn or
recalled with retrospective effect. (see BASF (India) Ltd. And
Another v. W. Hasan, Commissioner of Income-Tax And
Others [2006] 280 ITR 136 (Bom), Commissioner of Income-
Tax v. B.M. Edward, India Sea Foods [1979] 119 ITR 334
(Kerala), Commissioner of Income Tax v. N.T. Ramarao
(H.U.F.) [1984] 163 ITR 453 (AP).).
Basf (India) Ltd. And Anr. vs W. Hasan, Commissioner Of Income-Tax ... on 28 October, 2005
6. The learned counsel for petitioner is right in his contention
that normally instructions/circulars applicable or in force on the
first date of the assessment year should be applied, unless there
are good reasons or the intendment to the contrary is so
stipulated or can be clearly implied. Circular/instructions issued
under Section 119 of the Act are primarily to serve guidelines
and are binding on the subordinate authorities visited with
administration of the Act. Sometimes a circular confers rights
and benefits on the assessee with reference to
W.P.(C) 8441/2007 Page 4 of 9
assessment/taxation. The board certainly has right to withdraw
or recall the circular, but normally the circulars prejudicially
affecting the rights of the parties should not be withdrawn or
recalled with retrospective effect. (see BASF (India) Ltd. And
Another v. W. Hasan, Commissioner of Income-Tax And
Others [2006] 280 ITR 136 (Bom), Commissioner of Income-
Tax v. B.M. Edward, India Sea Foods [1979] 119 ITR 334
(Kerala), Commissioner of Income Tax v. N.T. Ramarao
(H.U.F.) [1984] 163 ITR 453 (AP).).
Commissioner Of Income-Tax vs N.T. Ramarao (H.U.F.) on 19 November, 1984
6. The learned counsel for petitioner is right in his contention
that normally instructions/circulars applicable or in force on the
first date of the assessment year should be applied, unless there
are good reasons or the intendment to the contrary is so
stipulated or can be clearly implied. Circular/instructions issued
under Section 119 of the Act are primarily to serve guidelines
and are binding on the subordinate authorities visited with
administration of the Act. Sometimes a circular confers rights
and benefits on the assessee with reference to
W.P.(C) 8441/2007 Page 4 of 9
assessment/taxation. The board certainly has right to withdraw
or recall the circular, but normally the circulars prejudicially
affecting the rights of the parties should not be withdrawn or
recalled with retrospective effect. (see BASF (India) Ltd. And
Another v. W. Hasan, Commissioner of Income-Tax And
Others [2006] 280 ITR 136 (Bom), Commissioner of Income-
Tax v. B.M. Edward, India Sea Foods [1979] 119 ITR 334
(Kerala), Commissioner of Income Tax v. N.T. Ramarao
(H.U.F.) [1984] 163 ITR 453 (AP).).
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