Fiber Boards (P) Ltd., Bangalore v. Commissiioner of Income Tax, Bangalore

10 SCC 333Reported decision2015#5474 most cited

What is Fiber Boards (P) Ltd., Bangalore v. Commissiioner of Income Tax, Bangalore authority for?

An omission of a provision by an amending Act amounts to a repeal of that provision. This includes repeals by express omission.

21

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2025.

Also referred to as

Fiber Boards · Fiber Boards (P) Ltd. · CIT · omission amounts to repeal · repeal and omission interchangeable · section 6 General Clauses Act · section 24 General Clauses Act · legislative practice · amending law

Issues it is cited on

Judgments citing Fiber Boards (P) Ltd., Bangalore v. Commissiioner of Income Tax, Bangalore

UTTAM ENERGY LIMITED,PUNE vs. ACIT CIRCLE-12, PUNE

Appeal of the Assessee is partly allowed

ITA 2033/PUN/2019[2015-16]Status: DisposedITAT Pune30 May 2024AY 2015-16

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2033/Pun/2019 िनधा"रण वष" / Assessment Year: 2015-16 Uttam Energy Limited, The Acit, Circle-12, Mahendra Chamber, Mayfair V Pune. Co-Op Housing Society, S A-4, Dhole Patil Road, Pune – 411001. Pan: Aabcu4100H Appellant/ Revenue Respondent /Assessee Assessee By Shri Ch Naniwadekar & Kiran Sanmane – Ar;S Revenue By Shri Deepak Garg – Cit Date Of Hearing 16/05/2024 Date Of Pronouncement 30/05/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Has Been Filed By The Assessee Against The Final Assessment Order Of The Learned Acit, Circle-12, Pune Passed U/Sec. 143(3) R.W.S. 144C(13) Of The Of The Income Tax Act, 1961 (In Short "The Act") After Giving Effect To The Learned Drp’S Order Dated 24.09.2019. 1.1 The Assessee Has Raised The Following Grounds Of Appeal :

Section 143(3)Section 153Section 153(1)Section 40A(2)(b)Section 92BSection 92C

…would not be included. We are, therefore, of the view that the second so-called ratio of the Constitution Bench in Rayala Corporation (P) Ltd.[(1969) 2 SCC 412] cannot be said to be a ratio decidendi at all and is really in the nature of obiter dicta."[(2015) 10 SCC 333 at p. 354] The Court even declared that the two five-Judge Bench decisions (.Rayala Corporation and Kolhapur Canesugar) were per incuriam as they did not consider Section 6-A of the GC Act. The Court with ITA No.2033/PUN/2019 / Uttam Energy Limited [A] this effect held that: “33. A reading of this section would show that a repeal by an amending…

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