Municipal Corporation of City of Thane v. Vidyut Metallics Ltd. & Anr.

8 SCC 688Reported decision2007#7234 most cited
16

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2011 to 2025.

Issues it is cited on

Judgments citing Municipal Corporation of City of Thane v. Vidyut Metallics Ltd. & Anr.

SHRI V. NATARAJAN (INDIVIDUAL),RASIPURAM vs. ACIT, CENTRAL CIRCLE,, SALEM

In the result, both the appeals of assessee in ITA No

ITA 1801/CHNY/2024[2015-16]Status: DisposedITAT Chennai31 Oct 2025AY 2015-16

Bench: Shri Manu Kumar Giri & Shri Jagadishआयकर अपील सं./Ita Nos.1535 & 1801/Chny/2024 ननिाारण वर्ा/Assessment Years: 2016-17 & 2015-16 V. Varadappan Natarajan/ The Acit, V. Natarajan (Individual), Central Circle, No.64-C, Rotary Nagar, Salem. Rasipuram Tamil Nadu-637 408. [Pan: Acgpn1477Q] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Mr.T.S. Lakshmi Venkataraman, Fca (Virtual) प्रत्यर्थी की ओर से /Respondent By : Mr.Shiva Srinivas, Cit सुनवाईकीतारीख/Date Of Hearing : 09.10.2025 घोर्णाकीतारीख /Date Of Pronouncement : 31.10.2025

For Appellant: Mr.T.S. LakshmiFor Respondent: Mr.Shiva Srinivas, CIT
Section 115BSection 143(3)Section 153ASection 250Section 250(6)Section 37Section 68

…cision has been taken by AO in one year or number of years, it will not bind the assessing officer in assessment of subsequent year because there can't be any estoppel against the law. 7.3.6 In Municipal Corpn. of City of Thane v. Vidyut Metallics Ltd. [2007] 8 SCC 688, Hon'ble Supreme Court while holding that the strict rule of res judicata as envisaged by section 11 of C.P.C. has no application, their Lordships further held that as a general rule, each year's assessment is final for that year and does not govern later years because it determines the tax for a particular year. 7.3.7 In S. Nagaraj v. State of Kar…

VARADAPPAN NATARAJAN,RASIPURAM vs. ACIT, CENTRAL CIRCLE,, SALEM

In the result, both the appeals of assessee in ITA No

ITA 1535/CHNY/2024[2016-17]Status: DisposedITAT Chennai31 Oct 2025AY 2016-17

Bench: Shri Manu Kumar Giri & Shri Jagadishआयकर अपील सं./Ita Nos.1535 & 1801/Chny/2024 ननिाारण वर्ा/Assessment Years: 2016-17 & 2015-16 V. Varadappan Natarajan/ The Acit, V. Natarajan (Individual), Central Circle, No.64-C, Rotary Nagar, Salem. Rasipuram Tamil Nadu-637 408. [Pan: Acgpn1477Q] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Mr.T.S. Lakshmi Venkataraman, Fca (Virtual) प्रत्यर्थी की ओर से /Respondent By : Mr.Shiva Srinivas, Cit सुनवाईकीतारीख/Date Of Hearing : 09.10.2025 घोर्णाकीतारीख /Date Of Pronouncement : 31.10.2025

For Appellant: Mr.T.S. LakshmiFor Respondent: Mr.Shiva Srinivas, CIT
Section 115BSection 143(3)Section 153ASection 250Section 250(6)Section 37Section 68

…cision has been taken by AO in one year or number of years, it will not bind the assessing officer in assessment of subsequent year because there can't be any estoppel against the law. 7.3.6 In Municipal Corpn. of City of Thane v. Vidyut Metallics Ltd. [2007] 8 SCC 688, Hon'ble Supreme Court while holding that the strict rule of res judicata as envisaged by section 11 of C.P.C. has no application, their Lordships further held that as a general rule, each year's assessment is final for that year and does not govern later years because it determines the tax for a particular year. 7.3.7 In S. Nagaraj v. State of Kar…

SHREE SHANKAR SAHAKARI SAKHAR KARKHANA LTD,,SOALPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, SOLAPUR

In the result, appeal of the assessee is allowed for statistical purpose

ITA 317/PUN/2019[2013-14]Status: DisposedITAT Pune21 Jul 2022AY 2013-14

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.317/Pun/2019 िनधा"रणवष" / Assessment Year : 2013-14 Shree Shankar Sahakari Sakhar The Asst.Cit, Circle-1, Karkhan Ltd., Vs Solapur. Sadashivnagar, Tal-Malshiras, Dist.Solapur – 413111. Pan: Aaaas 3735 M Appellant/ Assessee Respondent / Revenue Assessee By Shri Prasanna Joshi – Ar Revenue By Shri Sardar Singh Meena – Dr Date Of Hearing 14/07/2022 Date Of Pronouncement 21/07/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-7, Pune For The A.Y. 2013-14 Dated 02.01.2018, Emanating Out Of Order Under Section 143(3) Of The Income Tax Act, 1961[In Short “The Act”]. The Assessee Has Raised Following Grounds Of Appeal: (A) Disallowance Out Of Sugarcane Purchases: 1. From 2011 To 2016 Appellant Suffered Cash Losses Of Rs 87.58 Crores Eroding Its Net Worth Many Times Over; Farmers Were Not Paid Their Frp For Cane Supplied In 2014-15 & 2015-16; Sugar Factory Could Start Or Operate In 2016-17; Workers Were Not Paid Salaries For 27 Months & Stopped Attending Office; State Govt, Appointed An Administrator On 7/12/2016 Whose Office Was Located At Solapur Over 100 Kms From Appellant’S Factory; And

Section 143(3)

…te to ITA No.317/PUN/2019 for A.Y. 2013-14 Shree Shankar Sahakari Sakhar Karkhana Ltd., Vs. ACIT, Circle-1 [A] allow this position to be changed in subsequent year, as re- confirmed by Supreme Court in Municipal Corporation of Thane v. Vidyut Metalics (2007) 8 SCC 688. 7. Ld. CIT(A) ought to have held that while computing profits of appellant society, the price to be allowed as a deduction for sugarcane supplied by farmers is the price fixed on co-operative principles as is required to be paid as per its bye laws and the same cannot be restricted to the notified statutory minimum price called Fair and Remunerati…

RAJARAMBAPU PATIL SSK LTD, ,SANGLI vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 2,, SANGLI

In the result, appeal of the assessee is allowed for statistical purpose

ITA 1867/PUN/2017[2012-13]Status: DisposedITAT Pune22 Apr 2022AY 2012-13

Bench: Shri Partha Sarathi Chaudhury, Jm & Dr. Dipak P. Ripote, Am आयकरअपीलसं. / Ita No.1867/Pun/2017 िनधा"रणवष" / Assessment Year : 2012-13 Rajarambapu Patil Ssk Ltd, The Assistant Commissioner Of Sakharale, Islampur, Vs Income Tax, Circle-2, Sangli. Dist. Sangli – 415 414. Pan: Aaaar 0790 D Appellant/ Revenue Respondent/ Assessee Assessee By Shri Prasanna L Joshi – Ar Revenue By Shri Deepak Garg - Dr Date Of Hearing 07/03/2022 Date Of Pronouncement 22/04/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-2, Kolhapur Dated 16.05.2017For The Assessment Year 2012-13. The Assessee Raised The Following Grounds Of Appeal: “1. Ld. Cit(A) Ought To Have Followed The Judgement Of Itat, Mumbai Dated 16/5/1968 In Pravara Ssk In Ita No. 10939-42 Upheld By Hon’Ble Supreme Court, 94 Itr 321, Which Was Accepted By It Dept, For Over 3 Decades & As Held By Supreme Court In Radhasoami Satsang, 193 Itr 321, It Would Not Be Appropriate To Allow The Position To Be Changed In A Subsequent Year, As Re- Confirmed By Hon’Ble Supreme Court In Municipal Corp. Of Thane V. Vidyut Metalics (2007) 8 Scc 688. 2. Ld. Cit(A) Ought To Have Held That It Is Government’S Policy To Encourage Co-Operatives & Appellant’S Business Which Is Run On Co- Operative Principles & Policy & Has Its Aims & Objects That Are

Section 9

…r 3 decades, and as held by Supreme Court in Radhasoami Satsang, 193 ITR 321, it would not be appropriate to allow the position to be changed in a subsequent year, as re- confirmed by Hon’ble Supreme Court in Municipal Corp. of Thane v. Vidyut Metalics (2007) 8 SCC 688. 2. Ld. CIT(A) ought to have held that it is Government’s policy to encourage co-operatives, and appellant’s business which is run on co- operative principles and policy and has its aims and objects that are ITA No.1867/PUN/2017 for A.Y. 2012-13 Rajarambapu Patil SSK Ltd (A) materially different from that of a private businessman, who may not find…

ITO, WARD-2(3), DURGAPUR, KOLKATA vs. M/S HEIGHT INSURANCE SERVICES LTD., KOLKATA

Appeal is dismissed

ITA 2266/KOL/2016[2011-12]Status: DisposedITAT Kolkata08 Jun 2018AY 2011-12

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2011-12 Income Tax Officer, V/S. M/S Height Insurance Ward-2(3), R/No.10/21, Services Ltd., Room 7Th Floor, Aayakar No.319,3Rd Floor, Bhawan, P-7, Kamalaya Centre, 156A, Chowringhee Square, Lenin Sarani, Kolakta-13 Kolkata-69 [Pan No.Aacch 0943 G] .. अपीलाथ" /Appellant ""यथ"/Respondent Md. Usman, Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri A.K. Tibrewal, Fca ""यथ" क" ओर से/By Respondent 31-05-2018 सुनवाई क" तार"ख/Date Of Hearing 08-06-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Revenue’S Appeal For Assessment Year 2011-12 Arises Against Commissioner Of Income Tax (Appeals)-14, Kolkata’S Order Dated 31.08.2016 In Case No. 188/Cit(A)-14/Wd-1(1)/2015-16, In Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. 2. The Revenue’S Solitary Grievance Pleaded In The Instant Appeal Seeks To Revive Section 37 R.W 40(A)(Ia) Disallowances / Addition Of ₹66,18,00,000/- Pertaining To Assessee’S Service Charges Paid To M/S Golden Trust Financial Services (Gtfs) Hereafter For Having Acted As Its Agent. It’S Next Two Averments Are That The Cit(A) Has Erred In Law As Well As On Facts In Examining Assessee’S Exclusive Method Of Accounting In Service Tax Receivable On Output Services As Against Inclusive Method Of Service Tax

Section 143(3)Section 37

…be attached to the judicial decisions. It was also held to be in the public interest that individuals should not be vexed twice over with the same kind of litigation. In the case of Municipal Corporation of City of Thane vs. Vidyut Metallics Ltd & Anr. (2007) 8 SCC 688, the facts were that in earlier litigation, the court had considered the evidence of Quality control Manager who was described as an "expert" on the point and accepting his evidence, the court had held that the goods imported by the company were ferrous in nature and not non ferrous and the company was right in paying octroi under item 71. It was t…