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Hexaware Technologies Ltd vs Assistant Commissioner Of Income Tax, ... on 29 March, 2022

3. We have also been apprised of the judgments rendered by different High Courts including the Bombay High Court in Hexaware Technologies Ltd vs. Assistant Commissioner of Income Tax [2024 SCC OnLine Bom 1249] and Kairos Properties Private Limited vs. Assistant Commissioner of Income Tax [2024:BHC-OS:11962-DB] as well as the Punjab and Haryana High Court in Jatinder Singh Bhangu vs. Union of India [2024:PHHC:090942-DB] where cognizance was taken of what has been described to be an Office Memorandum dated 20 February 2023. From a reading of those judgments it would appear that the Memorandum has been recognized as instructions issued by the Central Board of Direct Taxes ["CBDT"]. However, a closer examination of those communications would reveal that they were merely instructions provided to learned counsels appearing in certain legal cases and in that sense may not be liable to be construed as a principled view expressed by the CBDT in accordance with Section 119 of the Income Tax Act ["Act"]. This since, they were at best privileged communications between the respondents in those matters and their counsel.
Bombay High Court Cites 78 - Cited by 0 - K R Shriram - Full Document
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