Case Law Details
Case Name : Gar ware Polyester Vs. State (Bombay High Court)
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All High Courts Bombay High Court
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Gar ware Polyester Vs. State (Bombay High Court)
The AO passed an assessment order in which he declined to follow the judgement of the Bombay High Court in CST Vs. Pee Vee Textiles 26 VST 281 on the ground that the said judgement “is not accepted by the Sales Tax Department and legal proceeding is initiated against the said judgement”. On a Writ Petition filed by the assessee, the High Court has taken the view that as the said judgement in Pee Vee Textiles is not stayed, “Please become a Premium member. If you are already a Premium member, login here to access the full content.
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In the Income Tax Deptt., it is the established norm for decades (at least since 1980), to ignore Jurisdictional High Court orders and even Supreme Court. And, in the Administrative side, this deptt. traditionally and routinely ignores the orders of the CAT, even the orders passed holding the deptt. in contempt for not following its orders. The same for High Court orders. So, it is respectfully submitted, that the IT deptt. (like the Revenue deptt of the MOF, CBI, Info. & Broadcasting Ministry/Prasar Bharati, Uniformed Services, all the State Govts., etc.) WILL NOT PAY THE SLIGHTEST HEED TO THIS DECISION.