Air I Ltd., vs Assessee
1
IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCH "
impossible, or, by reason of
some event which the promisor could not prevent,
unlawful, becomes void when the act becomes
impossible or unlawful."
Performance ... contract had not become
impossible or unlawful; the contract was in fact
performed by the Agents, and they have received
remuneration expressly stipulated
India for reasons beyond
his control and accordingly the doctrine of impossibility of
performance is application.
3. Whether while deleting the addition ... person cannot be expected to perform
impossible acts based on the recognized doctrine of impossibility of
performance:
1. Chandra Kishore Jha v. Mahaveer Prasad
action of not considering the impossibility of performance, in the light
of non-availability of single year data of comparables for the purpose ... ACIT
Asst.Year - 2009-10
- 11 -
the impossibility of impossibility of performance
performance because of non availability of single
year data
under Section 68 of the Act is
impossible to perform for the assessee. The impossibility of
performance releases the assessee from its obligation ... under Section 68 of the Act became
impossible to perform for the assessee. The impossibility of
performance releases the assessee from its obligation
Dcit 14(3)(1), Mumbai vs Reliance Infrstructure Ltd, Mumbai on 2 June, 2017
IN
general excuse him. When the obligation is one implied by law, impossibility of performance is a good excuse, say,. impotentia excusat legern.
7. Even under ... agreement, the contract is deemed to be void on account of impossibility of performance ( Section 56 ). The law regards the order and course of nature
time limit was impossibility due
to the attachment over the bank a/c as above. Thus, Doctrine of
impossibility of performance applies in all force ... impossible for the assessee to deduct tax at source
and put the issues beyond the control of the assessee--Doctrine of
impossibility of performance applies
Referring to the Doctrine of impossibility of performance, it was further
submitted by the ld AR that the law requires as assessee to invest ... impossible for
the appellant to perform the act desired on his part. Thus, Doctrine of
impossibility of performance applies in all force in this case
New Holland Tractors (India) (P) Ltd. vs Income Tax Officer on 21 March, 2003
Equivalent