Prakash Nath Khanna v. CIT

266 ITR 1Supreme Court of India2004#962 most cited

What is Prakash Nath Khanna v. CIT authority for?

The court interprets the law as it is and cannot legislate by adding or subtracting from a statutory provision. Legislative casus omissus cannot be supplied by the judicial interpretative process, as it is for the Legislature to amend the law.

111

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2015 to 2025.

Also referred to as

Prakash Nath Khanna v. CIT · 266 ITR 1 · casus omissus · statutory interpretation · court cannot legislate · judicial interpretative process · legislative omission · Income Tax Act interpretation · Section 143(3) · Section 147 · Section 153A

Sections most often in play

Section 143(3)Section 153ASection 143(2)Section 144BSection 147Section 148Section 153DSection 234B
Read the full judgment

Issues it is cited on

section 274(2)section 243casus omissussection 245hasection 245csettlement applicationsection 245d(4)section 153(4)section 144basection 245dsection 244section 144a

Judgments citing Prakash Nath Khanna v. CIT

Vandana Bansal L/H of Late Dr. Ashwani Kumar Bansal, Allahabad vs. ACIT, Central Circle, Allahabad

In the result, the appeals and Cross Objections filed by the assessees are allowed and the appeals of the Revenue are dismissed

ITA 35/ALLD/2019[2008-09]Status: DisposedITAT Allahabad30 Sept 2025AY 2008-09

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

…ammed Meeran Shahul Hameed and 362 ITR 673 (SC) CIT vs. Calcutta Knitwears for the proposition that a provision of the Act is to be read as it is and nothing is to be added or taken away from it. Learned Departmental Representatives placed further reliance on 266 ITR 1 (SC) Prakash Nath Khanna vs CIT and 121 ITR 535 (SC) CIT vs. National Taj Traders for the proposition that casus omissus should not be readily inferred. Learned Departmental Representatives also relied on the case laws in [1963] 48 ITR 1 (SC) Gursahai Saigal vs. CIT and [1955] 27 ITR 20 (SC) India United Mills Ltd. vs. Commissioner of Excess Profit…

Vandana Bansal L/H of Late Dr. Ashwani Kumar Bansal, Allahabad vs. ACIT, Central Circle, Allahabad

In the result, the appeals and Cross Objections filed by the assessees are allowed and the appeals of the Revenue are dismissed

ITA 34/ALLD/2019[2007-08]Status: DisposedITAT Allahabad30 Sept 2025AY 2007-08

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

…ammed Meeran Shahul Hameed and 362 ITR 673 (SC) CIT vs. Calcutta Knitwears for the proposition that a provision of the Act is to be read as it is and nothing is to be added or taken away from it. Learned Departmental Representatives placed further reliance on 266 ITR 1 (SC) Prakash Nath Khanna vs CIT and 121 ITR 535 (SC) CIT vs. National Taj Traders for the proposition that casus omissus should not be readily inferred. Learned Departmental Representatives also relied on the case laws in [1963] 48 ITR 1 (SC) Gursahai Saigal vs. CIT and [1955] 27 ITR 20 (SC) India United Mills Ltd. vs. Commissioner of Excess Profit…

Minto Developers Pvt. Ltd., Allahabad vs. Assistant Commissioner of Income Tax, Central Circle, Allahabad

In the result, the appeals and Cross Objections filed by the assessees are allowed and the appeals of the Revenue are dismissed

ITA 337/ALLD/2018[2009-10]Status: DisposedITAT Allahabad30 Sept 2025AY 2009-10

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

…ammed Meeran Shahul Hameed and 362 ITR 673 (SC) CIT vs. Calcutta Knitwears for the proposition that a provision of the Act is to be read as it is and nothing is to be added or taken away from it. Learned Departmental Representatives placed further reliance on 266 ITR 1 (SC) Prakash Nath Khanna vs CIT and 121 ITR 535 (SC) CIT vs. National Taj Traders for the proposition that casus omissus should not be readily inferred. Learned Departmental Representatives also relied on the case laws in [1963] 48 ITR 1 (SC) Gursahai Saigal vs. CIT and [1955] 27 ITR 20 (SC) India United Mills Ltd. vs. Commissioner of Excess Profit…

Pune Madhyamik Shikshak Sahkari Patapedhi Maryadit, Pune vs. Principal Commissioner of Income Tax, Pune 4, Pune

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

ITA 909/PUN/2025[2020-21]Status: HeardITAT Pune03 Jul 2025AY 2020-21

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2020-21

For Appellant: Shri Sharad A ShahFor Respondent: Shri Amit Bobde, CIT
Section 143(2)Section 143(3)Section 263Section 56Section 80Section 80PSection 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND MS ASTHA CHANDRA, JUDICIAL MEMBER Assessment Year : 2020-21 Pune Madhyamik Shikshak Sahkari PCIT, Pune-4 Patapedhi Maryadit Vs. Saguna Apartment, 1310, Sadashiv Peth, Pune – 411030 PAN : AAAJP0500C (Appellant) (Respondent) Assessee by : Shri Sharad A Shah Department by : Shri Amit Bobde, CIT Date of hearing : 01-07-2025 Date of pronouncement : 03-07-2025 O R D E R PER R. K. PANDA, VP : This appeal filed by the assessee is directed against the order dated 27.02.2025 passed u/s 263 of the Income Tax Act, 1961…

Shree Cement Limited, Bangur Nagar vs. ACIT, Central Circle, Ajmer

In the result, the appeal of the assessee - appellant in ITA No

ITA 1517/JPR/2024[2019-2020]Status: DisposedITAT Jaipur24 Jun 2025AY 2019-2020

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Shri Dilip B. Desai, FCAFor Respondent: Shri Arvind Kumar, CIT-DR
Section 115JSection 143(1)Section 254Section 36(1)(va)Section 80Section 801A

…Health & Education Cess’ shall be levied @ 4%. (vi) However, no corresponding amendment has been brought under Explanation 2 to Sec. 115JB to include disallowance of ‘Health & Education Cess’. (vii) Hon’ble Apex Court in Prakash Nath Khanna –vs.- CIT (2004) 266 ITR 1 (SC) has held that while interpreting a provision the court only interprets the law and cannot legislate it. Hon’ble Apex Court has further held that legislative casus omissus cannot be supplied by judicial interpretative process and that it is for the Legislature to amend, modify or repeal it, if deemed necessary. The Similar view has been taken i…

Gurudeodatta Nagari Sahakari Patsanstha Limited, Pune vs. The PCIT It-4, Pune

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

ITA 487/PUN/2025[2020-21]Status: DisposedITAT Pune18 Jun 2025AY 2020-21

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2020-21

For Appellant: Shri Sanjay SuryawanshiFor Respondent: Shri Vishwas S. Mundhe
Section 143(2)Section 143(3)Section 263Section 56Section 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND MS ASTHA CHANDRA, JUDICIAL MEMBER Assessment Year : 2020-21 Gurudeodatta Nagari Sahakari PCIT, Pune-4 Patsanstha Limited Vs. Office No.F-1, Jagtap Chowk, Wanwadi, Pune – 411040 PAN : AAAAG4107H (Appellant) (Respondent) Assessee by : Shri Sanjay Suryawanshi Department by : Shri Vishwas S. Mundhe Date of hearing : 11-06-2025 Date of pronouncement : 18-06-2025 O R D E R PER R. K. PANDA, VP : This appeal filed by the assessee is directed against the order dated 04.02.2025 passed u/s 263 of the Income Tax Act, 19…

Shreenath Mhaskoba Credit Co-Op. Society Ltd., Pune vs. The PCIT, Pune-4, Pune

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

ITA 488/PUN/2025[2020-21]Status: DisposedITAT Pune17 Jun 2025AY 2020-21

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2020-21

For Appellant: Shri Sanjay SuryawanshiFor Respondent: Shri Vishwas S. Mundhe
Section 143(2)Section 143(3)Section 194NSection 263Section 56Section 80P(2)(a)Section 80P(2)(d)

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND MS ASTHA CHANDRA, JUDICIAL MEMBER Assessment Year : 2020-21 Shreenath Mhaskoba Credit Co- PCIT, Pune-4 Operative Society Ltd. S.No.12/2, 1st Floor, Meghdoot Vs. Building, Solapur Road, Hadapsar, Pune – 411028 PAN : AADAS1159A (Appellant) (Respondent) Assessee by : Shri Sanjay Suryawanshi Department by : Shri Vishwas S. Mundhe Date of hearing : 11-06-2025 Date of pronouncement : 17-06-2025 O R D E R PER R. K. PANDA, VP : This appeal filed by the assessee is directed against the order dated 06.02.2025 passed…

Aravali Buildhomes LLP, Jaipur vs. AO CPC, Jaipur

In the result, the appeal of the assessee is allowed

ITA 1154/JPR/2024[2021-22]Status: DisposedITAT Jaipur04 Jun 2025AY 2021-22

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Ashok Kumar Gupta, AdvFor Respondent: Sh. Anoop Singh, Addl. CIT
Section 139Section 139(1)Section 139(4)Section 143(1)Section 234ASection 80Section 80ASection 80I

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”B” JAIPUR Mk0 ,l- lhrky{eh] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, vk;dj vihy la-@ITA No. 1154/JP/2024 fu/kZkj.k o"kZ@Assessment Year : 2021-22 cuke Aravali Buildhomes LLP AO CPC, Vs. F. No. 205 Block A, Anukamapa Jaipur Residency, Durgapura, Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: ABFFA 5163 Q vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Ashok Kumar Gupta, Adv. jktLo dh vksj ls@…

Kuldeep Singh Shekhawat, Kota vs. ITO W-2(1), Kota

In the result, the appeal of the assessee is allowed

ITA 701/JPR/2024[2016-17]Status: DisposedITAT Jaipur06 Mar 2025AY 2016-17

Bench: Shri Sandeep Gosain & Shri Gagan Goyalkuldeep Singh Shekhawat, 11, Samridhi Traders, Police Line, Gopal Vihar, Baran Road-324001 Pan No. Araps0973M ...... Appellant Vs. Income Tax Officer, Ward-2(1), Kota …... Respondent

For Appellant: Mr. Mahendra Gargieya, Adv., Ld. ARFor Respondent: Mr. Manoj Kumar, JCIT, Ld. DR
Section 139(4)Section 143(3)Section 234ASection 250Section 54Section 54BSection 54F

…9(5) as the wordings used in section 54(2) is "section 139", and not section 139(1), which covers all sub-sections of section 139". The Supreme Court, in the context of interpretation of provisions of 276CC, in Prakash Nath Khanna v. CIT [2004] 135 Taxman 327/266 ITR 1 (SC) had observed that "…Had the Legislature intended to cover sub-section (4) also, use expression "section 139" alone would have sufficed." Therefore, in terms of the decision of the Supreme Court, since the legislature in section 54(2) used the words "section 139" only, the interpretation as discussed above seems plausible. 13. Section 54(2) is…

Vaishali Developers and Builders, Bhopal vs. Income Tax Officer -1(2), Bhopal

Appeals are allowed

ITA 27/IND/2024[2009-10]Status: DisposedITAT Indore24 Feb 2025AY 2009-10

Bench: Shri B.M. Biyani & Shri Udayan Das Gupta

Section 143(3)Section 80

…clean and unambiguous because a statute is an addict of legislature. The language employed in statute is the determinative factor of legislative intent. Our view is fortified by the decision from Hon'ble Apex Court in the case of Prakash Nath Khanna vs. CIT (266 ITR 1) (SC). 5. Substitution was further made by the Finance (No.2) Act 2009 with retrospective effect from 1.4.2009 and insertion by the Finance Act 2010 w.e.f. 1.4.2010 as per which the assessee is supposed to complete the project within the specified time form the end of the FY in which the housing project is approved by the local authority and the d…

Deputy Commissioner of Income Tax, Mumbai vs. Welspun Steel Limited, Gujarat

Accordingly, Ground No.1 raised by the Revenue is dismissed

ITA 3862/MUM/2023[2016-17]Status: DisposedITAT Mumbai31 Dec 2024AY 2016-17

Bench: SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER SHRI OMKARESHWAR CHIDARA (Accountant Member)

For Appellant: Shri Ajay NagpalFor Respondent: Dr.Kishor Dhule
Section 115JSection 143(3)Section 14ASection 153ASection 250

…r of income tax Vs. Poddar Cement P Ltd : (1997) 226 ITR 625 (SC) [laying emphasis on paragraph 42], Commissioner of Income Tax, Ahmedabad Vs. Gold Coin Health Foods P Ltd: (2008) 304 ITR 308 (SC) and Prakash Nath Khanna Vs. Commissioner of Income-Tax: (2004) 266 ITR 1 (SC). On the basis of the aforesaid, the Ld. Departmental Representative submitted that the order passed by the CIT(A) be set aside and addition made by the Assessing Officer be restored as the provisions contained in Section 14A of the Act do not provide that the disallowance under Section 14A of the Act is to be restricted to the amount of exempt…

Kesarwani & C0., Allahabad vs. Jt.CIT., Allahabad

In the result the appeal of the assessee is partly allowed

ITA 392/ALLD/2014[2009-10]Status: DisposedITAT Allahabad29 Nov 2024AY 2009-10
For Appellant: Sh. Praveen Godbole, C.AFor Respondent: Sh. Neel Jain, CIT DR
Section 132Section 143(1)Section 153ASection 153A(1)(b)Section 271(1)(c)Section 36(1)

…new system of assessment. The ld. CIT(A) recorded his respectful disagreement with the decision of the Special Bench Mumbai in the case of All Cargo Global Logistics Ltd , Mumbai vs. DCIT on the grounds, that in the case of Prakash Nath Khanna vs. CIT (2004) 266 ITR 1, the Hon’ble Supreme Court had held that the first and foremost rule of construction was that the intention of the Legislature had to be found from the words used by the Legislature itself. Thus the provision had to be read as a whole, as they exist and there was no necessity of reading them down or providing casus omissus. He held that where the s…

Kesarwani & C0, Allahabad vs. Jt CIT, Allahabad

In the result the appeal of the assessee is partly allowed

ITA 390/ALLD/2014[2007-08]Status: DisposedITAT Allahabad29 Nov 2024AY 2007-08
For Appellant: Sh. Praveen Godbole, C.AFor Respondent: Sh. Neel Jain, CIT DR
Section 132Section 143(1)Section 153ASection 153A(1)(b)Section 271(1)(c)Section 36(1)

…new system of assessment. The ld. CIT(A) recorded his respectful disagreement with the decision of the Special Bench Mumbai in the case of All Cargo Global Logistics Ltd , Mumbai vs. DCIT on the grounds, that in the case of Prakash Nath Khanna vs. CIT (2004) 266 ITR 1, the Hon’ble Supreme Court had held that the first and foremost rule of construction was that the intention of the Legislature had to be found from the words used by the Legislature itself. Thus the provision had to be read as a whole, as they exist and there was no necessity of reading them down or providing casus omissus. He held that where the s…

Kesarwani & Co., Allahabad vs. Jt.CIT, Allahabad

In the result the appeal of the assessee is partly allowed

ITA 389/ALLD/2014[2005-06]Status: DisposedITAT Allahabad29 Nov 2024AY 2005-06
For Appellant: Sh. Praveen Godbole, C.AFor Respondent: Sh. Neel Jain, CIT DR
Section 132Section 143(1)Section 153ASection 153A(1)(b)Section 271(1)(c)Section 36(1)

…new system of assessment. The ld. CIT(A) recorded his respectful disagreement with the decision of the Special Bench Mumbai in the case of All Cargo Global Logistics Ltd , Mumbai vs. DCIT on the grounds, that in the case of Prakash Nath Khanna vs. CIT (2004) 266 ITR 1, the Hon’ble Supreme Court had held that the first and foremost rule of construction was that the intention of the Legislature had to be found from the words used by the Legislature itself. Thus the provision had to be read as a whole, as they exist and there was no necessity of reading them down or providing casus omissus. He held that where the s…

The ACIT, 2(1), Bhopal vs. M/S. D.K. Construction, Bhopal

ITA 59/IND/2015[2009-10]Status: DisposedITAT Indore17 Oct 2024AY 2009-10

Bench: Shri Vijay Pal Rao & Shrib.M. Biyani

Section 143(2)Section 143(3)Section 80Section 801B(10)Section 80I

…s clean and unambiguous because a statute is an addict of legislature. The language employed in statute is the determinative factor of legislative intent.Our view is fortified by the decision from Hon'ble Apex Court in the case of Prakash Nath Khanna vs. CIT (266 ITR 1) (SC). 5. Substitution was further made by the Finance (No.2) Act 2009 with retrospective effect from 1.4.2009 and insertion by the Finance Act 2010 w.e.f. 1.4.2010 as per which the assessee is supposed to complete the project within the specified time form the end of the FY in which the housing project is approved by the local authority and the d…

The ACIT, 2(1), Bhopal vs. M/S. D.K. Construction, Bhopal

ITA 436/IND/2015[2011-12]Status: DisposedITAT Indore17 Oct 2024AY 2011-12

Bench: Shri Vijay Pal Rao & Shrib.M. Biyani

Section 143(2)Section 143(3)Section 80Section 801B(10)Section 80I

…s clean and unambiguous because a statute is an addict of legislature. The language employed in statute is the determinative factor of legislative intent.Our view is fortified by the decision from Hon'ble Apex Court in the case of Prakash Nath Khanna vs. CIT (266 ITR 1) (SC). 5. Substitution was further made by the Finance (No.2) Act 2009 with retrospective effect from 1.4.2009 and insertion by the Finance Act 2010 w.e.f. 1.4.2010 as per which the assessee is supposed to complete the project within the specified time form the end of the FY in which the housing project is approved by the local authority and the d…

The ACIT, -2(1), Bhopal vs. M/S. D.K. Construction, Bhopal

The appeal of the assesse is disposed off in terms of

ITA 159/IND/2015[2010-11]Status: DisposedITAT Indore17 Oct 2024AY 2010-11

Bench: Shri Vijay Pal Rao & Shrib.M. Biyani

Section 143(2)Section 143(3)Section 80Section 801B(10)Section 80I

…s clean and unambiguous because a statute is an addict of legislature. The language employed in statute is the determinative factor of legislative intent.Our view is fortified by the decision from Hon'ble Apex Court in the case of Prakash Nath Khanna vs. CIT (266 ITR 1) (SC). 5. Substitution was further made by the Finance (No.2) Act 2009 with retrospective effect from 1.4.2009 and insertion by the Finance Act 2010 w.e.f. 1.4.2010 as per which the assessee is supposed to complete the project within the specified time form the end of the FY in which the housing project is approved by the local authority and the da…

Doctor Punjabrao Deshmukh Krushi Vidyapeeth Karamchari Pat Sanstha Mryat, Akola vs. Income Tax Officer, Ward-1, Akola

ITA 331/NAG/2022[2018-2019]Status: DisposedITAT Nagpur19 Jun 2024AY 2018-2019

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri K.P. DewaniFor Respondent: Shri Abhay Y. Marathe
Section 139(1)Section 234ASection 250Section 80ASection 80P

…IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no331/Nag./2022 (Assessment Year : 2018–19) Doctor Punjabrao Deshmukh Krushi Vidyapeeth Karamchari Pat Sanstha ……………. Appellant Mryat Akola, Krushi Nagar, Akola 444 004 PAN – AAAAD3455D v/s Income Tax Officer ……………. Respondent Ward–1, Akola Assessee by : Shri K.P. Dewani Revenue by : Shri Abhay Y. Marathe Date of Hearing – 13/06/2024 Date of Order – 19/06/2024 O R D E R PER V. DURGA RAO, J.M. The present appeal has been filed by the assessee challenging the impugned or…

Sri.Parayarukandy Vettath Gangadharan, Calicut vs. The DCIT Circle-1(1), Calicut

In the result, the instant appeal by the assessee is dismissed

ITA 157/COCH/2023[2007-08]Status: DisposedITAT Cochin12 Apr 2024AY 2007-08

Bench: Shri Sanjay Arora & Shri Manomohan Dasparayarukandy Vettath Gangadharan Dy. Cit, Circle - 1(1) Kerala Transport Company (Decd., Calicut Vs. Represented By Lrs.) K.T.C. Building, Ymca Calicut 673001 [Pan: Adhpg8318B] (Appellant) (Respondent)

For Appellant: Shri Suresh Kumar C., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 147Section 148Section 149Section 150(1)Section 153Section 2(22)(e)Section 268A

…rts [2007] 290 ITR 323 (SC)]. As explained in Catholic Syrian Bank Ltd. v. CIT [2012] 343 ITR 270 (SC), the court shall give an interpretation which shall serve the legislative object and intention, rather than subvert it. In Prakash Nath Khanna v. CIT [2004] 266 ITR 1 (SC), the Hon’ble Court reminded that statutes should not be construed as theorems of Euclid, but by construing the words with some imagination of the purposes which lie behind them, reading them as a whole. No wonder, then, that it was in the given factual matrix held in Manaklal Porwal v. CIT [1985] 155 ITR 648 (Raj) that hearing the partner amou…

The N.D.D. P and T E.C.C Society Ltd., Nellore vs. Income Tax Officer, Ward-1, Nellore

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 611/HYD/2023[2017-18]Status: DisposedITAT Hyderabad19 Mar 2024AY 2017-18

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarआ.अपी.सं /Ita No.611/Hyd/2023 (निर्धारण वर्ष / Assessment Year: 2017-18) The Nddp & Tec Society Vs. Income Tax Officer Ltd, Ward-1 Nellore. Nellore. Pan:Aactt5322J (Appellant) (Respondent) /Assessee By: Shri M. Chandra Mouleswara निर्धारितीती द्वारा Rao, C.A /Revenue By: Shri Shakeer Ahmed, Sr.Ar राजस्‍व द्वारा ई की तारीखरीख/Date Of Hearing: 14/03/2024 सुनवाई की तारीखरीख/Pronouncement: 19/03/2024 घोषणा

For Appellant: Shri M. Chandra MouleswaraFor Respondent: Shri Shakeer Ahmed, Sr.AR
Section 139Section 142(1)Section 144Section 69ASection 80P

…477 (Calcutta)/[2018] 407 ITR 16 (Calcutta) Page 28 of 29 AACTT5322J- THE N.D.D. P&T E.C.C. SOCIETY LTD A.Y. 2017-18 ITBA/NFAC/S/250/2023-24/1056964246(1) • The Hon’ble Supreme Court in the case of Prakash Natth Khanna v CIT [2014] 135 Taxman 327 (SC)/[2014] 266 ITR 1(SC)/[2014] 187 CTR 97 (SC) • The ITAT Rajkot Bench (SPECIAL BENCH) in the case of Saffire Garments v ITO [2012] 28 taxmann.com 27 (Rajkot) (SB)/[2012] 20 ITR(T) 623 (Rajkot) (SB)/[2013] 140 ITD 6 (Rajkot)(SB)/[2013] 151 TTJ 114 (Rajkot) (SB) • The ITAT Mumbai Bench in the case of Dwarakadas G. Panchmatiya v ACIT 2015] 57 taxmann.com 2 (Mumbai)/[2…