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Union Of India & Ors vs M/S. Dharamendra Textile Processors ... on 29 September, 2008

It is contrary to all rules of construction unless the provision as it stands is meaningless or having 8 ITA Nos. 261 to 265(Asr)/2013 ITA Nos. 266 to 270(Asr)/2013 a doubtful meaning. We are not entitled to usurp legislative function disguise of interpretation. The courts are meant to interpret law, cannot legislate it. Our views find supports from the judgment of Hon'ble Supreme Court in the case of Union of India And Others vs. Dharmendra Textiles Processors And Others reported in (2008) 306 ITR 277. In the present case, issuance and service of notice under section 285BA(5) is not obligatory on the Income Tax Authority.
Supreme Court of India Cites 44 - Cited by 1355 - A Pasayat - Full Document
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