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1 - 7 of 7 (0.24 seconds)Commissioner Of Income-Tax vs M/S. Sun Engineering Works (P.) Ltd. on 17 September, 1992
"It is neither desirable nor permissible to pick out a word or a
sentence from the judgment of this court, divorced from the
context of the question under consideration and treat it to be the
complete" law" declared by this court. The judgment must be
read as a whole and the observations from the judgment have
Page 17 of 19
I.T.A .No.-5551 & 5552/Del/2012
to be considered in the light of the questions which were before
this court. A decision of this court takes its colour from the
questions involved in the case in which it is rendered and, while
applying the decision to a later case, the courts must carefully
try to ascertain the true principle laid down by the decision of
this court and not to pick out words or sentences from the
judgment, divorced from the context of the questions under
consideration by this court, to support their reasonings.
Smt. Anchi Devi vs Commissioner Of Income Tax on 28 March, 2008
4.2.2. I have carefully gone through reasons recorded by the AO. The
AO has accepted that original assessment u/s 143(3) was time barred.
The re-opening is based on the same material which was considered
during assessment u/s 143(3), which has been quashed by the Id.
CIT(A). Thus, by re-opening proceedings, the AO has attempted to
infuse life into an assessment which has already become dead, on the
basis of same material which was considered during original
assessment. There is was no new material available before the AO for
reopening the assessment. The ratio of decision in case of Smt. Anchi
Devi vs. CIT (2008) 218 CTR 11 (P&H) is squarely applicable to facts of
the present case wherein it has been held that:
Article 7 in Constitution of India [Constitution]
Finance Act, 2013
H. H. Maharajadhiraja Madhav Rao Jiwaji ... vs Union Of India on 15 December, 1970
In
Madhav Rao Jivaji Rao Scindia Bahadur v. Union of India
[1971] 3 SCR 9; AIR 1971 SC 530, this court cautioned (at page
578 of AIR 1971 SC)."
Section 9 in Finance Act, 2013 [Entire Act]
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