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Case Law Details

Case Name : Pr. CITVs M/s Nawany Construction Co. Pvt Ltd (Bombay High Court)
Appeal Number : Income Tax Appeal No.1142 of 2015
Date of Judgement/Order : 10/09/2018
Related Assessment Year :
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Pr. CIT Vs M/s Nawany Construction Co. Pvt Ltd (Bombay High Court)

Section 260A Low Tax Effect Circular– Department has made an attempt to get over the binding Circulars and in any case we shall not allow the Revenue to get over them in this manner. The Circulars continue to bind the Revenue and if they contain any conditions, whether such conditions are attracted or not would have to be proved and established by the Revenue. Once there is no such record before us, we do not countenance the oral request of Mr. Pinto. Consequently, we do not see any reason to entertain this appeal. It is dismissed.

FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT

1. When this appeal was called out, Mr. Arvind Pinto, appearing on behalf of the Revenue in support of this appeal, made a very strange request. He said that this appeal raises questions of law which are indeed substantial questions of law. These questions are proposed on page 5 of the paper­book {questions 6.1 to 6.3}.

2. He  would  submit  that  such  questions  are  already admitted by this Court and in that regard he would refer to an order passed by this Court in Income Tax Appeal No.254 of 2013. That Income Tax Appeal No.254 of 2013 has been erroneously withdrawn.

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