JUDGMENT 58. In Keshavji Ravji and Co. v. CIT

VIJAY KRISHNASWAMI @ KRISHNASWAMI VIJAYAKUMAR vs. THE DEPUTY DIRECTOR OF INCOME TAX (INVESTIGATION)

Bench: The Additional Chief Metropolitan Magistrate (E.O.Ii), Egmore, Chennai, For The Offence Under Section 276C(1)2 Of The Income Tax Act, 1961, (In Short “It Act”) For Assessment Year 2017- 1 High Court Of Judicature At Madras. 2 Wilful Attempt To Evade Tax, Etc. 1 Digitally Signed By Gulshan Kumar Arora Date: 2025.08.28 20:56:48 Ist Reason: Signature Not Verified

…that circulars issued by the Central Board of Direct Taxes under Section 119 of the Act are binding on all officers and persons employed in the execution of the Act even if they deviate from the provisions of the Act. In Keshavji Ravji and Co. v. CIT [(1990) 2 SCC 231] a Bench of three Judges of this Court has also taken the view that circulars beneficial to the assessee which tone down the rigour of the law and are issued in exercise of the statutory powers under Section 119 are binding on the authorities in the administration of the Act. The benefit of such circulars is admissible to the asses…

M/s. Kausalya Shelters Private Limited vs. Deputy Commissioner of Income Tax

Bench: N.TUKARAMJI,UJJAL BHUYAN

…dia v. Raman Iron Foundry, Digitally Signed By:DHARMENDER SINGH Signing Date:30.05.2023 18:35:47 Signature Not Verified OMP(COMM) 274/2022 Page 14 of 76 (1974) 2 SCC 231, wherein it was categorically held that in case of a breach of contract, the party complaining of the breach does not become entitled to a 'debt' due from the other party. i. He submitted that in comparison to a 'debt' which becomes payable eo instanti, as observed in the afore- said case, in case of a breach of contract, the party which comm…

Principal Commissioner of Income Tax-2 vs. M/s Indur Green Power Private Limited

In the result, all the appeals fail and are hereby

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

…eye ‘some’ violence to language is permissible.” Page 60 of 96 C/TAXAP/627/2015 JUDGMENT 58. In Keshavji Ravji and Co. v. CIT, (1990) 183 ITR 1 (SC); (1990) 2 SCC 231, it has been held by the Supreme Court that when in a taxation statute where literal interpretation leads to a result that does not sub-serve the object of the legislation another construction in consonance with the object can be adopted. 59. We now propose to examine the matter, keeping in mind the fourth limb of Section 2(15)…

COMMNR. OF CUSTOMS, CALCUTTA ETC.ETC. vs. M/S. INDIAN OIL CORPORATION LTD

…lars of the Board, even if they are plainly contrary to the provisions of the Act, should be given effect to and binding on the authorities concerned in the administration of the Act. That is the case of Keshavji Ravji & Co. Vs. I.T. Commissioner [(1990) 2 SCC 231]. Venkatachaliah, J (as he then was) speaking for the Court observed thus: "Sri Ramachandran contended that circular of 1965 of the Central Board of Direct Taxes was binding on the authorities under the Act and should have been relied upon by the High Court in support of the Court’s construction of Section 40(b) to accord with the understandi…