DCIT 4(2), Mumbai vs. Vimla S. Jajoo, Mumbai
In the result, all the appeals of the Revenue are hereby dismissed and the appeal of the assessee i
ITA 2469/MUM/2009[2005-2006]Status: DisposedITAT Mumbai22 Jan 2016AY 2005-2006
Bench: Shri Sanjay Garg & Shri Ashwani Taneja
For Appellant: Dr. Santosh Mankoskar, A.RFor Respondent: Shri Madhur Agarwal, D.R
Section 143(3)
…licable to decisions of tax authorities i.e. the tax authorities are not bound by earlier decisions and are accordingly entitled to depart from such decisions. The limitations of this general rule have been succinctly explained in Shah & Co (HA) v. CIT (1956) 30 ITR 61 624-25 (Born). In terms of this decision, while it is true that a tax authority is entitled to go back upon an earlier finding, such entitlement is hedged with clear limitations. If a given case falls into the parameters of these limitations, the tax authority would not be entitled to unsettle the earlier finding. Thus, in the following circumstanc…