CIT v. Prakash Chand Lunia

454 ITR 61Supreme Court of India2023#4360 most cited

What is CIT v. Prakash Chand Lunia authority for?

For a precedent to be binding, there must be a conscious consideration of the issue involved. Previous decisions that did not consciously consider an issue may not lay down correct law, especially in light of subsequent legislative amendments.

27

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2023 to 2025.

Also referred to as

CIT v. Prakash Chand Lunia · precedent · binding precedent · conscious consideration · ratio decidendi · overruled decisions · legislative amendment · Section 37 Explanation 1 · Piara Singh · Dr. T.A. Quereshi · Haji Aziz & Abdul Shakoor Bros

Sections most often in play

Section 132Section 132(1)Section 132(3)Section 132(4)Section 139Section 143(3)Section 144Section 147

Issues it is cited on

compensatory interestsection 243section 262section 2(40)section 89section 208section 210section 115jaasection 140asection 5(b)section 10(1)section 90a

Judgments citing CIT v. Prakash Chand Lunia

New Higher Secondary School, Trivandrum vs. DCIT, Trivandrum

In the result, the appeals by the assessee are dismissed

ITA 54/COCH/2023[2015-16 (Qurt-3)]Status: DisposedITAT Cochin28 Aug 2023

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Sreeram Sekar, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200ASection 234E

…ional High Court has in ratio held that the power cannot be exercised even after 31.5.2015 where and to the extent it relates to a period prior to 01.6.2015, which, where so, would be accompanied by reason/s. As explained in CIT vs. Prakash Chand Lunia [2023] 454 ITR 61 (SC), for a precedent to be binding there has to be a conscious consideration of an issue involved. The scope of processing, a procedural matter, is unrelated to the period to which the charge, on the statute since 01/7/2012, relates. The machinery provisions, it is trite law, are to be read in a manner so as to make the charge effective. We may t…

New Higher Secondary School, Trivandrum vs. DCIT, Trivandrum

In the result, the appeals by the assessee are dismissed

ITA 53/COCH/2023[2015-16 QTR 2]Status: DisposedITAT Cochin28 Aug 2023

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Sreeram Sekar, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200ASection 234E

…ional High Court has in ratio held that the power cannot be exercised even after 31.5.2015 where and to the extent it relates to a period prior to 01.6.2015, which, where so, would be accompanied by reason/s. As explained in CIT vs. Prakash Chand Lunia [2023] 454 ITR 61 (SC), for a precedent to be binding there has to be a conscious consideration of an issue involved. The scope of processing, a procedural matter, is unrelated to the period to which the charge, on the statute since 01/7/2012, relates. The machinery provisions, it is trite law, are to be read in a manner so as to make the charge effective. We may t…

New Higher Secondary School, Trivandrum vs. DCIT, Trivandrum

In the result, the appeals by the assessee are dismissed

ITA 52/COCH/2023[2015-16 (QT1)]Status: DisposedITAT Cochin28 Aug 2023

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Sreeram Sekar, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200ASection 234E

…ional High Court has in ratio held that the power cannot be exercised even after 31.5.2015 where and to the extent it relates to a period prior to 01.6.2015, which, where so, would be accompanied by reason/s. As explained in CIT vs. Prakash Chand Lunia [2023] 454 ITR 61 (SC), for a precedent to be binding there has to be a conscious consideration of an issue involved. The scope of processing, a procedural matter, is unrelated to the period to which the charge, on the statute since 01/7/2012, relates. The machinery provisions, it is trite law, are to be read in a manner so as to make the charge effective. We may t…

Time Ads & Publicity, Kochi vs. ACIT Circle 2(2), Kochi

In the result, the appeal by the Revenue is allowed for statistical purposes, and the assessee’s appeal is dismissed

ITA 27/COCH/2023[2008-09]Status: DisposedITAT Cochin28 Aug 2023AY 2008-09

Bench: Shri Sanjay Arora, Am & Shri Manomohan Das, Jm

For Appellant: Shri Rajiv Khandelwal, CAFor Respondent: Shri Sajit Kumar Das, CIT-DR
Section 143(3)Section 40

…r, would not be available to the assessee. The 3 ITA Nos.226/C/2012 & 27/C/2023 (AY 2008-2009) Time Ads & Publicity v. Asst. CIT same cannot, clearly, be regarded as the ratio decidendi of the said decision. As explained in CIT vs. Prakash Chand Lunia [2023] 454 ITR 61 (SC), for a precedent to be binding there has to be a conscious consideration of an issue involved.It is, again, well-settled that any person approaching the Court should do so with clean hands. Rather, if anything, the Hon'ble Court observes at para 5 that the requirement for TDS cannot, in view of the amendment, be regarded as strict. It is, aga…

ACIT, Ernakulam vs. M/S.Time Ads & Publicity, Cochin

In the result, the appeal by the Revenue is allowed for statistical purposes, and the assessee’s appeal is dismissed

ITA 226/COCH/2012[2008-09]Status: DisposedITAT Cochin28 Aug 2023AY 2008-09

Bench: Shri Sanjay Arora, Am & Shri Manomohan Das, Jm

For Appellant: Shri Rajiv Khandelwal, CAFor Respondent: Shri Sajit Kumar Das, CIT-DR
Section 143(3)Section 40

…r, would not be available to the assessee. The 3 ITA Nos.226/C/2012 & 27/C/2023 (AY 2008-2009) Time Ads & Publicity v. Asst. CIT same cannot, clearly, be regarded as the ratio decidendi of the said decision. As explained in CIT vs. Prakash Chand Lunia [2023] 454 ITR 61 (SC), for a precedent to be binding there has to be a conscious consideration of an issue involved.It is, again, well-settled that any person approaching the Court should do so with clean hands. Rather, if anything, the Hon'ble Court observes at para 5 that the requirement for TDS cannot, in view of the amendment, be regarded as strict. It is, aga…

The Kalpetta Service Co-Operative Bank Ltd, Kalpetta vs. The ITO, Ward 1, Kalpetta

ITA 852/COCH/2022[2015-2016]Status: DisposedITAT Cochin27 Feb 2023AY 2015-2016

Bench: Shri Sanjay Arora, Am & Ms. Kavitha Rajagopal, Jm

For Appellant: Sri.Anil D.Nair, AdvocateFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 269SSection 271DSection 273B

…IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Sanjay Arora, AM & Ms. Kavitha Rajagopal, JM ITA No.851/Coch/2022 : Asst.Year 2015-2016 ITA No.852/Coch/2022 : Asst.Year 2015-2016 The Kalpetta Service Co-operative The Income Tax Officer Bank Limited, Ward 1 vs. Kalpetta – 673 121. Kalpetta. [PAN:AAAAT9488J] (Appellant) (Respondent) Appellant by: Sri.Anil D.Nair, Advocate Respondent by: Sri.Sanjit Kumar Das, CIT-DR Date of Hearing: 15.02.2024 Date of Pronouncement: 14.05.2024 O R D E R Per Sanjay Arora, AM: This is a set of two appeals by the assessee, directed against the confirmation of p…

The Kalpetta Service Co-Operative Bank Ltd, Kalpetta vs. The ITO, Ward 1, Kalpetta

ITA 851/COCH/2022[2015-2016]Status: DisposedITAT Cochin27 Feb 2023AY 2015-2016

Bench: Shri Sanjay Arora, Am & Ms. Kavitha Rajagopal, Jm

For Appellant: Sri.Anil D.Nair, AdvocateFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 269SSection 271DSection 273B

…IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Sanjay Arora, AM & Ms. Kavitha Rajagopal, JM ITA No.851/Coch/2022 : Asst.Year 2015-2016 ITA No.852/Coch/2022 : Asst.Year 2015-2016 The Kalpetta Service Co-operative The Income Tax Officer Bank Limited, Ward 1 vs. Kalpetta – 673 121. Kalpetta. [PAN:AAAAT9488J] (Appellant) (Respondent) Appellant by: Sri.Anil D.Nair, Advocate Respondent by: Sri.Sanjit Kumar Das, CIT-DR Date of Hearing: 15.02.2024 Date of Pronouncement: 14.05.2024 O R D E R Per Sanjay Arora, AM: This is a set of two appeals by the assessee, directed against the confirmation of p…