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Judgment of jurisdictional High Court not binding if there is a later contrary judgment of non-jurisdictional HC
Case Law Details
- Case Name
- Shri Prakash V. Golwala Vs ACIT (ITAT Ahmedabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2009- 10
- Courts
- All ITAT, ITAT Ahmedabad
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One thing is apparent that divergent view have been expressed by the Hon’ble Courts what is to be charged u/s.22 of the IT Act is the annual value of the property, irrespective of the fact whether or not any income is either actually received or accrued to the assessee. Since, the Hon’ble High Courts have expressed different views, therefore, we have to apply a thumb rule in respect of the applicability of the precedents cited.
A thumb rule is that a latest decision of the Hon’ble High Court is required to be followed to maintain the judicial discipline. We have noted t...
