CIT v. Thana Electricity Supply Ltd.

206 ITR 727High Court1994#323 most cited

What is CIT v. Thana Electricity Supply Ltd. authority for?

The law declared by the Supreme Court is binding on all courts in India, and decisions of a High Court are binding on subordinate courts and tribunals within its jurisdiction but not on courts or tribunals outside its jurisdiction.

260

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Thana Electricity Supply Ltd. · 206 ITR 727 · 1994 · Bombay High Court · binding precedent · judicial hierarchy · High Court decisions · non-jurisdictional High Court · Income Tax Act 1961 · ITAT

Sections most often in play

Section 143(3)Section 142(1)Section 1961Section 147Section 1894Section 194ASection 143(1)Section 56(2)(viii)

Issues it is cited on

section 2(viii)section 56(viii)section 45(5)(c)section 155(16)undisclosed foreign income and assetssection 23(1a)section 45(5)(b)section 104section 145b(1)section 149(1)(c)section 194lakeyman insurance

Judgments citing CIT v. Thana Electricity Supply Ltd.

Sh. Amardeep Singh Athwal, Yamunanagar vs. ITO, Ward-1, Yamunanagar

ITA 566/CHANDI/2023[2015-16]Status: DisposedITAT Chandigarh11 Nov 2025AY 2015-16

Bench: BEFORE: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Suraj Bhan Nain, AdvocateFor Respondent: Shri Manav Bansal, CIT, DR

…n the development of law and its contemporary status - both would be immediate casualty" Keeping in view thereto question No. (ii) is also answered in favour of the assessee and against the appellant. In the case of citvs Thana Electricity Supply Ltd.*1994] 206 ITR 727 73. (Bombay)/[1993] 112 CTR 356 (Bombay) hon’ble Bombay high court had held as under :- “It is also well-settled that though there is no specific provision making the law declared by the High Court binding on subordinate courts, it is implicit in the power of supervision conferred on a superior Tribunal that the Tribunals subject to its supervis…

Sh. Amardeep Singh Athwal, Yamunanagar vs. ITO, Ward-1, Yamunanagar

ITA 565/CHANDI/2023[2014-15]Status: DisposedITAT Chandigarh11 Nov 2025AY 2014-15

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Suraj Bhan Nain, AdvocateFor Respondent: Shri Manav Bansal, CIT, DR

…n the development of law and its contemporary status - both would be immediate casualty" Keeping in view thereto question No. (ii) is also answered in favour of the assessee and against the appellant. In the case of citvs Thana Electricity Supply Ltd.*1994] 206 ITR 727 73. (Bombay)/[1993] 112 CTR 356 (Bombay) hon’ble Bombay high court had held as under :- “It is also well-settled that though there is no specific provision making the law declared by the High Court binding on subordinate courts, it is implicit in the power of supervision conferred on a superior Tribunal that the Tribunals subject to its supervis…

Sh. Ajit Singh, Pinjore vs. ITO, Ward-1, Panchkula

ITA 539/CHANDI/2023[2015-16]Status: DisposedITAT Chandigarh11 Nov 2025AY 2015-16
For Respondent: Shri Suraj Bhan Nain, Advocate

…edents but it will also lead to inconsistency in decisions on the point of law; consistency and certainty in the development of law and its contemporary status - both would be immediate casualty" 62 73. In the case of citvs Thana Electricity Supply Ltd.*1994] 206 ITR 727 (Bombay)/[1993] 112 CTR 356 (Bombay) hon'ble Bombay high court had held as under :- "It is also well-settled that though there is no specific provision making the law declared by the High Court binding on subordinate courts, it is implicit in the power of supervision conferred on a superior Tribunal that the Tribunals subject to its supervision w…

Ranjeet Singh Khubber, Ambala vs. ITO, Ward 2, Ambala

ITA 50/CHANDI/2023[2012-13]Status: DisposedITAT Chandigarh11 Nov 2025AY 2012-13

…edents but it will also lead to inconsistency in decisions on the point of law; consistency and certainty in the development of law and its contemporary status - both would be immediate casualty" 62 73. In the case of citvs Thana Electricity Supply Ltd.*1994] 206 ITR 727 (Bombay)/[1993] 112 CTR 356 (Bombay) hon'ble Bombay high court had held as under :- "It is also well-settled that though there is no specific provision making the law declared by the High Court binding on subordinate courts, it is implicit in the power of supervision conferred on a superior Tribunal that the Tribunals subject to its supervision w…

Sh. Ram Lal, Chandigarh vs. ITO, Ward-6(1), Chandigarh

ITA 317/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh11 Nov 2025AY 2018-19
For Appellant: Shri Suraj Bhan Nain, AdvocateFor Respondent: Shri Manav Bansal, CIT, DR

…recedents but it will also lead to inconsistency in decisions on the point of law; consistency and certainty in the development of law and its contemporary status - both would be immediate casualty" 73. In the case of citvs Thana Electricity Supply Ltd.*1994] 206 ITR 727 (Bombay)/[1993] 112 CTR 356 (Bombay) hon'ble Bombay high court had held as under :- "It is also well-settled that though there is no specific provision making the law declared by the High Court binding on subordinate courts, it is implicit in the power of supervision conferred on a superior Tribunal that the Tribunals subject to its supervision w…

Sh. Pardeep Kumar, Ambala vs. ITO, Ward-3, Ambala

ITA 275/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh11 Nov 2025AY 2018-19
For Appellant: Shri Suraj Bhan Nain, AdvocateFor Respondent: Shri Manav Bansal, CIT, DR

…the development of law and its contemporary status - both would be immediate casualty" 73. Keeping in view thereto question No. (ii) is also answered in favour of the assessee and against the appellant. In the case of citvs Thana Electricity Supply Ltd.*1994] 206 ITR 727 (Bombay)/[1993] 112 CTR 356 (Bombay) hon'ble Bombay high court had held as under :- "It is also well-settled that though there is no specific provision making the law declared by the High Court binding on subordinate courts, it is implicit in the power of supervision conferred on a superior Tribunal that the Tribunals subject to its supervision w…

Sh. Pargat Singh, Panipat vs. ITO, Ward -1, Kaithal

ITA 180/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh11 Nov 2025AY 2018-19
For Appellant: Shri Navdeep Monga, AdvocateFor Respondent: Shri Manav Bansal, CIT, DR

…recedents but it will also lead to inconsistency in decisions on the point of law; consistency and certainty in the development of law and its contemporary status - both would be immediate casualty" 73. In the case of citvs Thana Electricity Supply Ltd.*1994] 206 ITR 727 (Bombay)/[1993] 112 CTR 356 (Bombay) hon'ble Bombay high court had held as under :- "It is also well-settled that though there is no specific provision making the law declared by the High Court binding on subordinate courts, it is implicit in the power of supervision conferred on a superior Tribunal that the Tribunals subject to its supervision w…

Sh. Gurinder Singh Grewal L/H of Parneet Kaur Grewal, Chandigarh vs. ACIT, Circle 4(1), Chandigarh

ITA 129/CHANDI/2023[2017-18]Status: DisposedITAT Chandigarh11 Nov 2025AY 2017-18
For Respondent: Shri Suraj Bhan Nain, Advocate

…recedents but it will also lead to inconsistency in decisions on the point of law; consistency and certainty in the development of law and its contemporary status - both would be immediate casualty" 73. In the case of citvs Thana Electricity Supply Ltd.*1994] 206 ITR 727 (Bombay)/[1993] 112 CTR 356 (Bombay) hon'ble Bombay high court had held as under :- "It is also well-settled that though there is no specific provision making the law declared by the High Court binding on subordinate courts, it is implicit in the power of supervision conferred on a superior Tribunal that the Tribunals subject to its supervision w…

M/S Yograj Chaudhary, Yamuna Nagar vs. ITO, Ward-5, Yamuna Nagar

ITA 116/CHANDI/2023[2017-18]Status: DisposedITAT Chandigarh11 Nov 2025AY 2017-18

…the development of law and its contemporary status - both would be immediate casualty" 73. Keeping in view thereto question No. (ii) is also answered in favour of the assessee and against the appellant. In the case of citvs Thana Electricity Supply Ltd.*1994] 206 ITR 727 (Bombay)/[1993] 112 CTR 356 (Bombay) hon'ble Bombay high court had held as under :- "It is also well-settled that though there is no specific provision making the law declared by the High Court binding on subordinate courts, it is implicit in the power of supervision conferred on a superior Tribunal that the Tribunals subject to its supervision w…

Sh. Ramesh Chand, Jagadhri vs. ITO, Ward-3, Yamuna Nagar

ITA 731/CHANDI/2022[2015-16]Status: DisposedITAT Chandigarh11 Nov 2025AY 2015-16
For Appellant: Shri Suraj Bhan Nain, AdvocateFor Respondent: Shri Manav Bansal, CIT, DR

…s but it will also lead to inconsistency in decisions on the point of law; consistency and certainty in the development of law and its contemporary status - both would be immediate casualty" Page 62 73. In the case of citvs Thana Electricity Supply Ltd.*1994] 206 ITR 727 (Bombay)/[1993] 112 CTR 356 (Bombay) hon'ble Bombay high court had held as under :- "It is also well-settled that though there is no specific provision making the law declared by the High Court binding on subordinate courts, it is implicit in the power of supervision conferred on a superior Tribunal that the Tribunals subject to its supervision w…

Sh. Kulbir Singh S/O Sh. Jagir Singh, Pinjore vs. ITO, Ward 2, Panchkula

ITA 641/CHANDI/2022[2015-16]Status: DisposedITAT Chandigarh11 Nov 2025AY 2015-16

…recedents but it will also lead to inconsistency in decisions on the point of law; consistency and certainty in the development of law and its contemporary status - both would be immediate casualty" 73. In the case of citvs Thana Electricity Supply Ltd.*1994] 206 ITR 727 (Bombay)/[1993] 112 CTR 356 (Bombay) hon'ble Bombay high court had held as under :- "It is also well-settled that though there is no specific provision making the law declared by the High Court binding on subordinate courts, it is implicit in the power of supervision conferred on a superior Tribunal that the Tribunals subject to its supervision w…

Saroj Chaudhary Bala, Panchkula vs. ITO, Ward-4, Panchkula

ITA 635/CHANDI/2022[2017-18]Status: DisposedITAT Chandigarh11 Nov 2025AY 2017-18

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Suraj Bhan Nain, AdvocateFor Respondent: Shri Manav Bansal, CIT, DR

…n the development of law and its contemporary status - both would be immediate casualty" Keeping in view thereto question No. (ii) is also answered in favour of the assessee and against the appellant. In the case of citvs Thana Electricity Supply Ltd.*1994] 206 ITR 727 73. (Bombay)/[1993] 112 CTR 356 (Bombay) hon’ble Bombay high court had held as under :- “It is also well-settled that though there is no specific provision making the law declared by the High Court binding on subordinate courts, it is implicit in the power of supervision conferred on a superior Tribunal that the Tribunals subject to its supervis…

Smt. Shankri Devi, Panchkula vs. ACIT, Panckula Circle, Panchkula

ITA 596/CHANDI/2022[2013-14]Status: DisposedITAT Chandigarh11 Nov 2025AY 2013-14

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Suraj Bhan Nain, AdvocateFor Respondent: Shri Manav Bansal, CIT, DR

…n the development of law and its contemporary status - both would be immediate casualty" Keeping in view thereto question No. (ii) is also answered in favour of the assessee and against the appellant. In the case of citvs Thana Electricity Supply Ltd.*1994] 206 ITR 727 73. (Bombay)/[1993] 112 CTR 356 (Bombay) hon’ble Bombay high court had held as under :- “It is also well-settled that though there is no specific provision making the law declared by the High Court binding on subordinate courts, it is implicit in the power of supervision conferred on a superior Tribunal that the Tribunals subject to its supervis…

Harmala, Chandigarh vs. ITO, Ward 1(1), Nangal

ITA 432/CHANDI/2022[2015-16]Status: DisposedITAT Chandigarh11 Nov 2025AY 2015-16

…edents but it will also lead to inconsistency in decisions on the point of law; consistency and certainty in the development of law and its contemporary status - both would be immediate casualty" 62 73. In the case of citvs Thana Electricity Supply Ltd.*1994] 206 ITR 727 (Bombay)/[1993] 112 CTR 356 (Bombay) hon'ble Bombay high court had held as under :- "It is also well-settled that though there is no specific provision making the law declared by the High Court binding on subordinate courts, it is implicit in the power of supervision conferred on a superior Tribunal that the Tribunals subject to its supervision w…

Amrinder Singh Khubber, Ambala vs. ITO, W-5, Ambala

ITA 1043/CHANDI/2019[2012-13]Status: DisposedITAT Chandigarh11 Nov 2025AY 2012-13

…recedents but it will also lead to inconsistency in decisions on the point of law; consistency and certainty in the development of law and its contemporary status - both would be immediate casualty" 73. In the case of citvs Thana Electricity Supply Ltd.*1994] 206 ITR 727 (Bombay)/[1993] 112 CTR 356 (Bombay) hon'ble Bombay high court had held as under :- "It is also well-settled that though there is no specific provision making the law declared by the High Court binding on subordinate courts, it is implicit in the power of supervision conferred on a superior Tribunal that the Tribunals subject to its supervision w…

Babubhai Kanjibhai Sakaria, Jetpur vs. ITO WD 1(2)(1), Rajkot

In the result, the appeal filed by the assessee is allowed

ITA 156/RJT/2025[2016-17]Status: DisposedITAT Rajkot06 Nov 2025AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 156/Rjt/2025 (Assessment Year: 2016-17) Babubhai Kanjibhai Sakariya Vs. Ito, Wd 1(2)(1), Rajkot Plot No. 82 Satyam Park, Amarnagar Aaykar Bhavan, Race Course Ring Road, Jetpur,(Rajkot-Gujarat) -360370 Road, Rajkot 360001 "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Agnps7407C (अपीलाथ"/Appellant) (""थ"/Respondent)

For Appellant: Shri Rajendra Singhal, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 194ASection 250Section 28

…and known, and that, when the law is declared by Court of competent jurisdiction authorised to construe it." Further, the Doctrine of Stare Decisis is applicable in case under Income Tax Act, 1961, also as held in CIT vs. Thana Electricity Supply Ltd. (1994) 206 ITR 727 (Bom.) and Consolidated Pneumatic Tool Co. (India) Ltd. vs. CIT (1994) 209 ITR 277 (Bom.).We note that Ld. Pr. CIT has passed impugned order u/s. 263 of the Act, relying upon order of the Hon'ble Punjab and Haryana High Court in the case of Manjeet Singh (HUF) vs. Union of India (Supra). However, with due respect, the above cited decision of the…

M/S R C Jewellers Pvt Ltd, New Delhi vs. DCIT, CC-32 New Delhi, New Delhi

Appeal is dismissed

ITA 1971/DEL/2025[2018-19]Status: HeardITAT Delhi03 Nov 2025AY 2018-19

Bench: Sh. Satbeer Singh Godara & Sh. Naveen Chandra

For Appellant: Sh. Anil Jain, CA &For Respondent: Sh. Mahesh Kumar, CIT-DR
Section 143(3)Section 153CSection 153DSection 234ASection 270A

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘G’, NEW DELHI Before Sh. Satbeer Singh Godara, Judicial Member & Sh. Naveen Chandra, Accountant Member ITA No. 1971/Del/2025 : Asstt. Year: 2018-19 M/s R C Jewellers Pvt. Ltd., Vs DCIT, C/o Anil Jain DD & Co., 611, Surya Central Circle-32, Kiran Building, 19, K. G. Marg, New Delhi-110055 New Delhi-110001 (APPELLANT) (RESPONDENT) PAN No. AACCR7113A Assessee by : Sh. Anil Jain, CA & Sh. Aslam, CA Revenue by : Sh. Mahesh Kumar, CIT-DR Date of Hearing: 03.11.2025 Date of Pronouncement: 03.11.2025 ORDER Per Satbeer Singh Godara, Judicial Member: This assessee’s appeal…

Nishant Parekh- Legal Heir of Mina Parekh, Jamnagar vs. Income Tax Officer, Ward-1(3), Jamnagar

In the result, the appeal of the assessee is allowed

ITA 215/RJT/2025[2015-16]Status: DisposedITAT Rajkot14 Oct 2025AY 2015-16

Bench: Dr. Arjun Lal Saini. आयकरअपीलसं./Ita No.215/Rjt/2025 "नधा"रणवष" / Assessment Year: (2015-2016) Nishant Parekh – Legal Heir Of Vs. Income Tax Officer Mina Parekh Aaykar Bhavan 322 Madhav Square, Opp 361001, Gujrat Avantika Complex, Limda Lane Road, Gujrat-361001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aanpp9471F (Appellant) (Respondent)

For Appellant: Shri Sagar Shah, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 10(38)Section 115BSection 147Section 250Section 68

…ding judgments, on the Tribunal situated in Gujarat, as it is the judgment of Hon'ble jurisdictional High Court. At this juncture, it is useful to refer to the judgment of Hon'ble High Court of Bombay in the case of CIT v. Thana Electricity Supply Ltd. (1994) 206 ITR 727 (Bom.) wherein after considering various judgments of Supreme Court laid down the following propositions with regard to binding precedent. The relevant findings of the Hon`ble Court are reproduced below: Nishant Parekh – Legal Heir of Mina Parekh “17. From the foregoing discussion, the following propositions emerge: (a) The law declared by the Su…

Pritiben Jagdishbhai Mehta, Rajkot vs. The Pr. Commissioner of Income Tax-1, Rajkot

In the result, appeal filed by the assessee is allowed

ITA 333/RJT/2024[2015-16]Status: DisposedITAT Rajkot01 Sept 2025AY 2015-16

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha

For Appellant: Shri Vipul Dattani, Ld. A.RFor Respondent: Shri Sanjay Pungalia, Ld. CIT(DR)
Section 147Section 263

…IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT BEFORE DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER AND SHRI DINESH MOHAN SINHA, JUDICIAL MEMBER आयकरअपीलसं./ITA No.333/RJT/2024 Assessment Year: (2015-16) (Hybrid Hearing) Pritiben Jagdishbhai Mehta Vs. The Pr. Commissioner of White house, Amin marg, Income Tax – 1, Rajkot - 360003 Aaykar bhawan, race course ring road, Rajkot - 360001 "थायीलेखासं./जीआइआरसं./PAN/GIR No.: ACLPM4450F (Appellant) (Respondent) Appellant by : Shri Vipul Dattani, Ld. A.R. Respondent by : Shri Sanjay Pungalia, Ld. CIT(DR) Date of Hearing : Heard on 26/11/2024 and Re-fixed for Clarif…

Mansukhbhai Kanjibhai Sakariya, Rajkot vs. Principal Commissioner of Income Tax, Rajkot-1, Rajkot

In the result, appeal filed by the assessee is allowed

ITA 318/RJT/2024[2016-17]Status: DisposedITAT Rajkot27 Aug 2025AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं/.Ita No.318/Rjt/2024 "नधा"रणवष"/ Assessment Year: 2016-17 Mansukhbhai Kanjibhai Sakariya The Pr.Commissioner Of बनाम At Khajuri Gundala Income Tax-1, Rajkot. Post Station: Vavdi Vs. Amarnagar, Khajuri Gundala. Pan : Aslps 7027 E (अपीलाथ"/Assessee) : (""यथ"/Respondent) "नधा"रतीक"ओरसे/Assessee By : Shri Rajendra Singhal, Ld.Ar राज"वक"ओरसे/Revenue By : Shri Sanjay Punglia, Ld.Cit-Dr

For Appellant: Shri Rajendra Singhal, ld.ARFor Respondent: Shri Sanjay Punglia, ld.CIT-DR
Section 144BSection 147Section 263

…आयकरअपील"यअ"धकरण,राजकोट"यायपीठ,राजकोट। IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT BEFORE DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER AND SHRI DINESH MOHAN SINHA, JUDICIAL MEMBER आयकरअपीलसं/.ITA No.318/RJT/2024 "नधा"रणवष"/ Assessment Year: 2016-17 Mansukhbhai Kanjibhai Sakariya The Pr.Commissioner of बनाम At Khajuri Gundala Income Tax-1, Rajkot. Post Station: Vavdi Vs. Amarnagar, Khajuri Gundala. PAN : ASLPS 7027 E (अपीलाथ"/assessee) : (""यथ"/Respondent) "नधा"रतीक"ओरसे/Assessee by : Shri Rajendra Singhal, ld.AR राज"वक"ओरसे/Revenue by : Shri Sanjay Punglia, ld.CIT-DR सुनवाईक"तार"ख /Date of Hearing : 11…