Ramlal, Motilal and Chhotelal v. Rewa Coalfields Ltd.

2 SCR 762Reported decision1962#2920 most cited

What is Ramlal, Motilal and Chhotelal v. Rewa Coalfields Ltd. authority for?

When seeking to condone a delay in filing an appeal or application, it is sufficient to explain the delay occurring between the expiry of the limitation period and the actual filing date. The explanation does not need to cover the entire period from the judgment to the filing.

40

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2008 to 2026.

Also referred to as

Ramlal Motilal Chhotelal v. Rewa Coalfields Ltd. · 1962 · Supreme Court · delay in filing appeal · sufficient cause · condonation of delay · limitation period · explanation of delay

Sections most often in play

Section 1961Section 249(3)Section 253(5)Section 250 of the Income-tax ActSection 144Section 144BSection 147Section 250

Issues it is cited on

section 256section 202section 66short deduction of tdsbona fide mistakesection 253(5)section 253(3)section 249(3)section 249(2)section 200a(1)credit for tdssection 264

Judgments citing Ramlal, Motilal and Chhotelal v. Rewa Coalfields Ltd.

The Karnataka Chemists & Druggists Association®, Bangalore vs. Income Tax Officer, Ward-5(3)(2), Bangalore

In the result, all the appeals of the assessee are dismissed

ITA 702/BANG/2024[2014-15]Status: DisposedITAT Bangalore04 Jun 2024AY 2014-15

Bench: Shri Chandra Poojari & Shri Soundararajan K.

For Appellant: Shri Ravishankar, A.RFor Respondent: Shri V. Parithivel, D.R
Section 147Section 20Section 202Section 249(3)Section 271(1)(b)Section 271(1)(c)

…ng of this appeal within time prescribed U/s 253(3) of I.T. Act. 6.8 Further, at this stage, it is pertinent to mention the various precedents as follows: (i) Hon’ble Supreme Court in the case of Ramlal, Motilal and Chhotelal Vs. Rewa Coalfields Ltd. (1962) 2 SCR 762, observed as under: “In construing s.5 it is relevant to bear in mind two important considerations. The first consideration is that the expiration of the period of limitation prescribed for making an appeal gives rise to a right in favour of the decree-holder to treat the decree as binding between the parties. In other words, when the period of li…

The Karnataka Chemists & Druggists Association®, Bangalore vs. Income Tax Officer, Ward-5(3)(1), Bangalore

In the result, all the appeals of the assessee are dismissed

ITA 700/BANG/2024[2013-17]Status: DisposedITAT Bangalore04 Jun 2024AY 2013-17

Bench: Shri Chandra Poojari & Shri Soundararajan K.

For Appellant: Shri Ravishankar, A.RFor Respondent: Shri V. Parithivel, D.R
Section 147Section 20Section 202Section 249(3)Section 271(1)(b)Section 271(1)(c)

…ng of this appeal within time prescribed U/s 253(3) of I.T. Act. 6.8 Further, at this stage, it is pertinent to mention the various precedents as follows: (i) Hon’ble Supreme Court in the case of Ramlal, Motilal and Chhotelal Vs. Rewa Coalfields Ltd. (1962) 2 SCR 762, observed as under: “In construing s.5 it is relevant to bear in mind two important considerations. The first consideration is that the expiration of the period of limitation prescribed for making an appeal gives rise to a right in favour of the decree-holder to treat the decree as binding between the parties. In other words, when the period of li…

M/S. S J S Enterprises Limited, Bangalore vs. Deputy Commissioner of Income, Circle-6(1)(1), Bangalore

In the result, appeal of the assessee is dismissed

ITA 327/BANG/2024[2018-19]Status: DisposedITAT Bangalore29 May 2024AY 2018-19

Bench: Shri Chandra Poojari & Shri Keshav Dubeyassessment Years: 2018-19

For Appellant: Shri Rony Anthony, A.RFor Respondent: Shri Guru Kumar S., D.R
Section 143(1)Section 234ASection 250

…of this appeal within time prescribed U/s 253(3) of I.T. Act. 4.9 Further, at this stage, it is pertinent to mention the various precedents as follows: 4.9.1 Hon’ble Supreme Court in the case of Ramlal, Motilal and Chhotelal Vs. Rewa Coalfields Ltd. (1962) 2 SCR 762, observed as under: “In construing s.5 it is relevant to bear in mind two important considerations. The first consideration is that the expiration of the period of limitation prescribed for making an appeal gives rise to a right in favour of the decree-holder to treat the decree as binding between the parties. In other words, when the period of li…

Msk Project (India) Jv Ltd. Co.(Merged With Madhav Infra Project Ltd), Vadodara vs. ACIT, Circle-4, Vadodara

The appeal of the assessee is allowed for statistical purposes

ITA 498/AHD/2019[2005-06]Status: DisposedITAT Ahmedabad31 Jan 2024AY 2005-06

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2005-06 Msk Project (India) Jv Ltd. Vs. (Merged With Madhav Infra Acit, Projects Ltd), Circle-4, 4, Madhav House, Near Baroda Panchratna Building, Subhanpura, Vadodara Pan : Aadcm 1157 C अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri S.N. Soparkar, Sr. Advocate & Shri Parin Shah, Ar Revenue By : Ms. Saumya Pandey Jain, Sr. Dr सुनवाई क" तारीख/Date Of Hearing : 17.01.2024 घोषणा क" तारीख /Date Of Pronouncement: 31.01.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: Present Appeal Has Been Filed By The Assessee Against Order Of The Learned Commissioner Of Income-Tax (Appeals)-Iii, Baroda [Hereinafter Referred To As "Cit(A)" For Short] Dated 09.08.2012 Passed Under Section 250(6) Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2005-06. 2. The Grounds Raised By The Assessee Are As Under:- “1. Ld. Cit (A) Erred In Law & On Facts To Hold That No Appeal Lies Against Order Giving Effect To Findings Of Cit In Order Passed U/S 263 Of The Act. 2. Ld. Cit (A) Erred In Law & On Facts Dismissing Appeal Challenging Addition Of Rs.9,90,00,052/- Whereas Supreme Court Awarding Rs. 26.34 Lakhs

For Appellant: Shri S.N. Soparkar, Sr. Advocate &For Respondent: Ms. Saumya Pandey Jain, Sr. DR
Section 143(3)Section 234BSection 250(6)Section 263

…Limitation Act as under:- “14. The contours of the area of discretion of the courts in the matter of condonation of delays in filing appeals are set out in a number of pronouncements of this Court. See Ramlal v. Rewa Coalfields Ltd. [AIR 1962 SC 361 : (1962) 2 SCR 762] , Shakuntala Devi Jain v. Kuntal Kumari [AIR 1969 SC 575 : (1969) 1 SCR 1006] , Concord of India Insurance Co. Ltd. v. Nirmala Devi [(1979) 4 SCC 365 : 1979 SCC (Cri) 996 : (1979) 3 SCR 694] , Mata Din v. A. Narayanan [(1969) 2 SCC 770 : (1970) 2 SCR 90] and Collector (LA) v. Katiji [(1987) 2 SCC 107 : 1989 SCC (Tax) 172] , etc. There is, it is tr…

Shilpaben Nileshbhai Gami, Bardoli vs. Income Tax Officer, Ward - 3(1)(5), Surat

In the result, the appeal of the assessee is dismissed

ITA 372/SRT/2023[2007-08]Status: DisposedITAT Surat29 Dec 2023AY 2007-08

Bench: Dr. A. L. Saini, Am आयकर अपील सं./Ita No.372/Srt/2023 ("नधा"रण वष" / Assessment Year: (2007-08) (Hybrid Hearing) Shilpaben Nieshbhai Gami, Vs. Income Tax Officer, 9-10, Omkarnagar Society, Ward 3(1)(5), Near Jalaram Temple, Bardoli- Surat 394601 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acbpp 8678 C (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Assessee By Shri Manish J. Shah, Advocate िनधा"रती की ओर से /Respondent By Shri Vinod Kumar, Sr. Dr 31/10/2023 सुनवाई की तारीख /Date Of Hearing घोषणा की तारीख /Date Of Pronouncement 29/12/2023

Section 143(3)Section 148Section 250

…ining the delay for the period after 15.03.2017 till June, 2021 till the Second Appeal was preferred. 3.4 Making the above submissions and relying upon the decisions of this Court in the cases of Ramlal, Motilal and Chhotelal Vs. Rewa Coalfields Ltd., (1962) 2 SCR 762; P.K. Ramachandran Vs. State of Kerala and Anr., (1997) 7 SCC 556 as well as the decision in the cases of Pundlik Jalam Patil Vs. Executive Engineer, Jalgaon Medium Project, (2008) 17 SCC 448 and Basawaraj and Anr. Vs. Special Land Acquisition Officer., (2013) 14 SCC 81, it is prayed to allow the present appeal. 4. Shri Siddhartha Srivastava, learn…

Shri. Marate Venkateshkumar, Bangalore vs. Income Tax Officer, Ward-1(6), Hubli

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

ITA 819/BANG/2023[2017-18]Status: DisposedITAT Bangalore06 Dec 2023AY 2017-18

Bench: Shri Chandra Poojari & Smt. Madhumita Royassessment Year: 2017-18

For Appellant: Shri B. Venugopal, A.RFor Respondent: Shri Ganesh R. Ghale, Standing Counsel for Department
Section 250Section 69A

…he Court, has opined thus: "The contours of the area of discretion of the courts in the matter of condonation of delays in filing appeals are set out in a number of pronouncements of this Court. See : Ramlal, Motilal and Chhotelal v. Rewa Coalfield Ltd.(1962)(2 SCR 762); Shakuntala Devi Jain v. Kuntal Kumari(1969)(l SCR 1006); Concord of India Insurance Co. Ltd. V. Nirmala Devi(1979)(3 SCR 694); Lala Mata Din v. A. Narayanan(1970)(2 SCR 90); Collector, Land Acquisition v. Katiji etc. There is, it is true, no general principle saving the party from all mistakes of its counsel. If there is negligence, deliberate or…

Dipen Kumarpal Parekh, Mumbai vs. NFAC- DCIT, New Delhi

In the result, the appeal of the assessee is dismissed

ITA 1703/MUM/2022[2019-20]Status: HeardITAT Mumbai30 Aug 2023AY 2019-20

Bench: Shri Amit Shukla () & Shri Om Prakash Kant ()

For Appellant: NoneFor Respondent: Mr. P.D. Chougule, DR
Section 143(1)Section 36(1)(via)

…ave been settled in the meantime". (emphasis supplied) in the meantime". (emphasis supplied) 44. It is no doubt true that after a historic decision in 44. It is no doubt true that after a historic decision in Golak Nath v. Golak Nath v. Union of India, (1967) 2 SCR 762, this Court has accepted the doctrine Union of India, (1967) 2 SCR 762, this Court has accepted the doctrine Union of India, (1967) 2 SCR 762, this Court has accepted the doctrine of `prospective overruling'. It is based on the philosophy: "The past of `prospective overruling'. It is based on the philosophy: "The past of `prospective overruling'. I…

M/S. Garuda Security Services, Bangalore vs. ITO, Ward-5(2)(1), Bangalore

In the result, the appeals filed by the assessee are dismissed

ITA 1052/BANG/2022[2019-20]Status: DisposedITAT Bangalore15 Dec 2022AY 2019-20

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1051 & 1052/Bang/2022 Assessment Year: 2018-19 & 2019-20

For Appellant: Shri Raghavendra Chakravarthy, A.RFor Respondent: Smt. Priyadarshini Besaganni, D.R
Section 143(1)Section 154Section 36Section 36(1)(va)

…overruling decision. The overruling is retrospective, except as regards matters that that are res judicatae or accounts that have been settled in the meantime. 37. It is no doubt true that after a historic decision in Golak Nath v. State of Punjab[16] (1967) 2 SCR 762 this Court has accepted the doctrine of "prospective overruling". It is based on the philosophy: "The past cannot always be erased by a new judicial declaration." ITA Nos.1051 & 1052/Bang/2022 Garuda Security Services, Bangalore Page 17 of 18 It may, however, he stated that this is an exception to the general rule of the doctrine of precedent."…

M/S. Garuda Security Services, Bangalore vs. ITO, Ward-5(2)(1), Bangalore

In the result, the appeals filed by the assessee are dismissed

ITA 1051/BANG/2022[2018-19]Status: DisposedITAT Bangalore15 Dec 2022AY 2018-19

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1051 & 1052/Bang/2022 Assessment Year: 2018-19 & 2019-20

For Appellant: Shri Raghavendra Chakravarthy, A.RFor Respondent: Smt. Priyadarshini Besaganni, D.R
Section 143(1)Section 154Section 36Section 36(1)(va)

…overruling decision. The overruling is retrospective, except as regards matters that that are res judicatae or accounts that have been settled in the meantime. 37. It is no doubt true that after a historic decision in Golak Nath v. State of Punjab[16] (1967) 2 SCR 762 this Court has accepted the doctrine of "prospective overruling". It is based on the philosophy: "The past cannot always be erased by a new judicial declaration." ITA Nos.1051 & 1052/Bang/2022 Garuda Security Services, Bangalore Page 17 of 18 It may, however, he stated that this is an exception to the general rule of the doctrine of precedent."…

Mansi Finance Chennai Limited, Chennai vs. The ACIT, CC 4(1), Chennai

In the result, both the appeals filed by the assessee are allowed

ITA 109/CHNY/2021[2013-14]Status: DisposedITAT Chennai06 Jul 2022AY 2013-14

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos. 108 & 109/Chny/2021 िनधा"रण वष"/Assessment Years: 2012-13 & 2013-14

For Appellant: Shri Prithvi Chopda, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT

…he Court, has opined thus: "The contours of the area of discretion of the courts in the matter of condonation of delays in filing appeals are set out in a number of pronouncements of this Court. See : Ramlal, Motilal and Chhotelal v. Rewa Coalfield Ltd.(1962)(2 SCR 762); Shakuntala Devi Jain v. Kuntal Kumari(1969)(1 SCR 1006); Concord of India Insurance Co. Ltd. V. Nirmala Devi(1979)(3 SCR 694); Lala Mata Din v. A. Narayanan(1970)(2 SCR 90); Collector, Land Acquisition v. Katiji etc. There is, it is true, no general principle saving the party from all mistakes of its counsel. If there is negligence, deliberate or…

Mansi Finance Chennai Limited, Chennai vs. The ACIT, CC-4(1), Chennai

In the result, both the appeals filed by the assessee are allowed

ITA 108/CHNY/2021[2012-13]Status: DisposedITAT Chennai06 Jul 2022AY 2012-13

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos. 108 & 109/Chny/2021 िनधा"रण वष"/Assessment Years: 2012-13 & 2013-14

For Appellant: Shri Prithvi Chopda, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT

…he Court, has opined thus: "The contours of the area of discretion of the courts in the matter of condonation of delays in filing appeals are set out in a number of pronouncements of this Court. See : Ramlal, Motilal and Chhotelal v. Rewa Coalfield Ltd.(1962)(2 SCR 762); Shakuntala Devi Jain v. Kuntal Kumari(1969)(1 SCR 1006); Concord of India Insurance Co. Ltd. V. Nirmala Devi(1979)(3 SCR 694); Lala Mata Din v. A. Narayanan(1970)(2 SCR 90); Collector, Land Acquisition v. Katiji etc. There is, it is true, no general principle saving the party from all mistakes of its counsel. If there is negligence, deliberate or…

Sri. Suhas Suresh Shet, Bengaluru vs. Income Tax Officer, International Taxation, Ward-2(1), Bengaluru

In the result, these two assessee’s appeals are treated as partly allowed for statistical purposes

ITA 608/BANG/2021[2016-17]Status: DisposedITAT Bangalore04 Apr 2022AY 2016-17

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Shri Ravi Shankar, AdvFor Respondent: Smt. Priyadarshini Basaganni, Addl.CIT
Section 143(3)Section 271Section 271(1)(c)Section 271F

…he Court, has opined thus: "The contours of the area of discretion of the courts in the matter of condonation of delays in filing appeals are set out in a number of pronouncements of this Court. See : Ramlal, Motilal and Chhotelal v. Rewa Coalfield Ltd.(1962)(2 SCR 762); Shakuntala Devi Jain v. Kuntal Kumari(1969)(1 SCR 1006); Concord of India Insurance Co. Ltd. V. Nirmala Devi(1979)(3 SCR 694); Lala Mata Din v. A. Narayanan(1970)(2 SCR 90); Collector, Land Acquisition v. Katiji etc. There is, it is true, no general principle saving the party from all mistakes of its counsel. If there is negligence, deliberate or…

Sri. Suhas Suresh Shet, Bengaluru vs. Income Tax Officer, International Taxation, Ward-2(1), Bengaluru

In the result, these two assessee’s appeals are treated as partly allowed for statistical purposes

ITA 607/BANG/2021[2016-17]Status: DisposedITAT Bangalore04 Apr 2022AY 2016-17

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Shri Ravi Shankar, AdvFor Respondent: Smt. Priyadarshini Basaganni, Addl.CIT
Section 143(3)Section 271Section 271(1)(c)Section 271F

…he Court, has opined thus: "The contours of the area of discretion of the courts in the matter of condonation of delays in filing appeals are set out in a number of pronouncements of this Court. See : Ramlal, Motilal and Chhotelal v. Rewa Coalfield Ltd.(1962)(2 SCR 762); Shakuntala Devi Jain v. Kuntal Kumari(1969)(1 SCR 1006); Concord of India Insurance Co. Ltd. V. Nirmala Devi(1979)(3 SCR 694); Lala Mata Din v. A. Narayanan(1970)(2 SCR 90); Collector, Land Acquisition v. Katiji etc. There is, it is true, no general principle saving the party from all mistakes of its counsel. If there is negligence, deliberate or…

M/S. Boutique Hotels India (P) Ltd., New Delhi vs. ACIT, New Delhi

In the result, appeal of the assessee is dismissed

ITA 7042/DEL/2014[2009-10]Status: DisposedITAT Delhi31 Oct 2019AY 2009-10

Bench: Shri H.S. Sidhu & Shri Anadee Nath Misshra

For Appellant: Shri Neel Kanth Khandelwal, AdvFor Respondent: Shri Sanjog Kapoor, Sr. DR
Section 253(3)Section 80I

…FIT FOR PUBLICATION (HSS) (ANM) JM AM IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘A’: NEW DELHI) BEFORE SHRI H.S. SIDHU JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA No:- 7042/Del/2014 (Assessment Year: 2009-10) Boutique Hotels India (P) Ltd., ACIT, 3rd Floor, UCO Bank Building Vs. Circle-3(1), Parliament Street, New Delhi. New Delhi-110001. PAN No: AAACH2439K APPELLANT RESPONDENT Assessee by : Shri Neel Kanth Khandelwal, Adv. Revenue by : Shri Sanjog Kapoor, Sr. DR ORDER Per Anadee Nath Misshra, AM (A) This appeal by Assessee is filed against the order of Learned Commissi…

Income Tax Officer, Bangalore vs. Late Smt. Lakshmamma, Bangalore

In the result, all the appeals of the revenue are treated as allowed for statistical purposes

ITA 1696/BANG/2016[2007-2008]Status: DisposedITAT Bangalore20 Feb 2019AY 2007-2008

Bench: Shri N.V.Vasudevan, Vp & Shri B.R.Baskaran, Am

For Respondent: Miss Neera Malhotra, CIT-DR
Section 143(3)Section 154

…decision. The overruling is retrospective, except as regards matters that are res judicatae or accounts that have been settled in the meantime". (emphasis supplied) 44. It is no doubt true that after a historic decision in Golak Nath v. Union of India, (1967) 2 SCR 762, this Court has accepted the doctrine of `prospective overruling'. It is based on the philosophy: "The past cannot always be erased by a new judicial declaration". It may, however, be stated that this is an exception to the general rule of the doctrine of precedent.” In view of the law laid down by Hon’ble Supreme Court in the above said case, it i…

Income Tax Officer, Bangalore vs. Late Smt. Lakshmamma, Bangalore

In the result, all the appeals of the revenue are treated as allowed for statistical purposes

ITA 1695/BANG/2016[2006-07]Status: DisposedITAT Bangalore20 Feb 2019AY 2006-07

Bench: Shri N.V.Vasudevan, Vp & Shri B.R.Baskaran, Am

For Respondent: Miss Neera Malhotra, CIT-DR
Section 143(3)Section 154

…decision. The overruling is retrospective, except as regards matters that are res judicatae or accounts that have been settled in the meantime". (emphasis supplied) 44. It is no doubt true that after a historic decision in Golak Nath v. Union of India, (1967) 2 SCR 762, this Court has accepted the doctrine of `prospective overruling'. It is based on the philosophy: "The past cannot always be erased by a new judicial declaration". It may, however, be stated that this is an exception to the general rule of the doctrine of precedent.” In view of the law laid down by Hon’ble Supreme Court in the above said case, it i…

Income Tax Officer, Bangalore vs. Late Sri.A.S.Narayana Raju, Bangalore

In the result, all the appeals of the revenue are treated as allowed for statistical purposes

ITA 1694/BANG/2016[2007-2008]Status: DisposedITAT Bangalore20 Feb 2019AY 2007-2008

Bench: Shri N.V.Vasudevan, Vp & Shri B.R.Baskaran, Am

For Respondent: Miss Neera Malhotra, CIT-DR
Section 143(3)Section 154

…decision. The overruling is retrospective, except as regards matters that are res judicatae or accounts that have been settled in the meantime". (emphasis supplied) 44. It is no doubt true that after a historic decision in Golak Nath v. Union of India, (1967) 2 SCR 762, this Court has accepted the doctrine of `prospective overruling'. It is based on the philosophy: "The past cannot always be erased by a new judicial declaration". It may, however, be stated that this is an exception to the general rule of the doctrine of precedent.” In view of the law laid down by Hon’ble Supreme Court in the above said case, it i…

Income Tax Officer, Bangalore vs. Late Sri.A.S.Narayana Raju, Bangalore

In the result, all the appeals of the revenue are treated as allowed for statistical purposes

ITA 1693/BANG/2016[2006-07]Status: DisposedITAT Bangalore20 Feb 2019AY 2006-07

Bench: Shri N.V.Vasudevan, Vp & Shri B.R.Baskaran, Am

For Respondent: Miss Neera Malhotra, CIT-DR
Section 143(3)Section 154

…decision. The overruling is retrospective, except as regards matters that are res judicatae or accounts that have been settled in the meantime". (emphasis supplied) 44. It is no doubt true that after a historic decision in Golak Nath v. Union of India, (1967) 2 SCR 762, this Court has accepted the doctrine of `prospective overruling'. It is based on the philosophy: "The past cannot always be erased by a new judicial declaration". It may, however, be stated that this is an exception to the general rule of the doctrine of precedent.” In view of the law laid down by Hon’ble Supreme Court in the above said case, it i…

Grishma Securities P.Ltd, Mumbai vs. ITO 4(1)(2), Mumbai

ITA 7130/MUM/2014[2006-07]Status: DisposedITAT Mumbai26 Aug 2016AY 2006-07
For Appellant: Shri Anuj Kishnadwala-ARFor Respondent: Shri K.V. Vispute-DR
Section 143(3)Section 154Section 254(1)

…e over ruling is retrospective, except as regards matters that are res judicatae or accounts that have been settled in the meantime". (emphasis[14] supplied) 44. It is no doubt true that after the historic decision in L. C. Golak Nath v. Union of India [1967] 2 SCR 762, this court has accepted the doctrine of "prospective overruling". It is based on the philosophy : "The past cannot [2000] 246 ITR 188 (Guj) always be erased by a new judicial declaration." It may, however, be stated that this is an exception to the general rule of the doctrine of precedent. 45. Rectification of an order stems from the fundamental…

Assistant Commnr., Income Tax, Rajkot vs. Saurashtra Kutch Stock Exchange Ltd

C.A. No.-001171-001171 - 2004Supreme Court15 Sept 2008
Section 11Section 12ASection 143Section 154Section 25Section 254

…REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1171 OF 2004 ASSISTANT COMMISSIONER, INCOME TAX, RAJKOT … APPELLANT VERSUS SAURASHTRA KUTCH STOCK EXCHANGE LTD. … RESPONDENT J U D G M E N T C.K. THAKKER, J. 1. The present appeal is directed against the judgment and order passed by the High Court of Gujarat, Ahmedabad on March 31, 2003 in Special Civil Application No. 1247 of 2002 [Assistant Commissioner of Income-Tax v. Saurashtra Kutch Stock Exchange Ltd., (2003) 262 ITR 146]. By the said judgment, the High Court confirmed the order passed by the Inco…