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“rule of consistency”

Judicial DoctrinesRadhasoamiRadhasoami1,041 judgments

The decision most relied on for rule of consistency is M/s Sahara India (Farms) v. CIT & Anr. (300 ITR 403), cited in 268 judgments on BharatTax.

Leading authorities on rule of consistency

M/s Sahara India (Farms) v. CIT & Anr.
300 ITR 403 · 2008 · Supreme Court
268
citing judgments

Administrative orders must be consistent with the rules of natural justice.

DIT (E) v. Apparel Export Promotion Council
245 ITR 492 · 2000 · High Court
193
citing judgments

The rule of consistency applies when facts or legal positions remain unchanged in earlier assessment years, preventing the Revenue from adopting a divergent stance in subsequent years without new material. This ensures stability and predictability in tax assessments.

Munjal Sales Corporation v. CIT
298 ITR 298 · 2008 · Supreme Court
191
citing judgments

The Supreme Court approves the mixed fund theory, holding that no interest disallowance is warranted under section 36(1)(iii) if investments or advances are made from the assessee's own non-interest bearing funds, even when mixed funds are available. This presumption applies when non-interest bearing funds are sufficient to meet the investments.

(i) Sultana Begum v. Prem Chand Jain
1 SCC 373 · 1997 · Reported
187
citing judgments

A statute must be read as a whole, construing every clause with reference to its context and other provisions, to determine the legislature's real intention and ensure a consistent enactment. This principle, known as "ex visceribus actus," helps avoid inconsistencies within the law.

Berger Paints India Ltd. v. CIT
266 ITR 99 · 2004 · Supreme Court
181
citing judgments

The Revenue cannot take a conflicting stand from what it had earlier accepted in a previous assessment year without compelling justification. This principle of consistency applies to various issues, including the treatment of customs duty in closing inventory.

Radhasoami Satsang v. CIT
244 ITR 734 · 2000 · High Court
168
citing judgments

The Revenue is bound by the rule of consistency and cannot adopt a divergent position in a subsequent assessment year unless there is a change in facts or law.

Krishak Bharati Cooperative Ld v. DCIT
23 Taxmann.com 265 · 2012 · High Court
147
citing judgments

The rule of consistency does not override the correct application of law and should not be applied if it leads to an anomalous outcome.

Bharat Sanchar Nigam Ltd. v. Union of India
282 ITR 273 · 2006 · Supreme Court
136
citing judgments

The rule of consistency requires that in the absence of any change in material facts or law, a different view or decision on an issue cannot be adopted for subsequent assessment years, thus ensuring uniformity in tax assessments.

Judgments citing rule of consistency

Progress Software Development Private Limited, Hyd, Hyderabad vs. ACIT, Circle-16(2), Hyderabad

In the result appeal of the assessee is allowed

ITA 391/HYD/2015[2010-11]Status: DisposedITAT Hyderabad16 Jul 2024AY 2010-11

Bench: Shri K.Narasimha Chary & Shri Madhusudan Sawdiaआ.अपी.सं / Ita No. 391/Hyd/2015 (िनधा"रण वष" / Assessment Year: 2010-11) Progress Software Development Vs. Asstt.Commissioner Of Pvt. Ltd, Hyderabad Income Tax, Circle 16(2) [Pan : Aadcp4833A] Hyderabad अपीलाथ" / Appellant "" यथ" / Respondent िनधा""रती "ारा/Assessee By: C.A M Sripada & Ca Ashishi Jai राज" व "ारा/Revenue By: Smt. Th Vijaya Lakshmi, Cit( Dr) सुनवाई की तारीख/Date Of Hearing: 20/06/2024 घोषणा की तारीख/Pronouncement On: 16/07/2024 आदेश / Order Per K. Narasimha Chary, J.M: Aggrieved By The Assessment Order Dated 02/02/2014 Passed By The Assessing Officer (“Ld. Ao”), In The Case Of Progress So"Ware Development Private Limited (“The Assessee”) For The Assessment Year 2010-11. Brief Facts Of The Case Are That Originally By Common Order Dated 15/3/2021, A Coordinate Bench Of This Tribunal Disposed Of Ita 391/Hyd/ 2015 Also, Allowing The Plea Of The Assessee. However, Subsequently By Order Dated 10/4/2024 In Ma No. 18/Hyd/ 2022 The Said Order In The Appeal Was Recalled Insofar As Ground No. 12 Rela"Ng To The Interest Paid

For Appellant: C.A M Sripada &For Respondent: Smt. TH Vijaya Lakshmi, CIT( DR)

accepted the interest rate at 5.14% payable on ECB for the assessment years 2008-09 and 2009-10 also. Learned AR prayed that rule of consistency may be followed for this year also, since there are no compelling circumstances for the Revenue to deviate from the same. He placed reliance

Sri. A. S. Srinath (HUF), Shivamogga vs. Income Tax Officer, Ward-1 & Tps, Shivamogga

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

ITA 228/BANG/2024[2017-18]Status: DisposedITAT Bangalore10 Jul 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Keshav Dubeya.S. Srinath (Huf) The Income Tax Officer No. 1, Mallikarjuna Nilaya Ward 1 & Tps 1St Cross, Hosamane Jail Road Vs. No.75, 100 Feet Road Shivamogga 577201 Gopal Gowda Exten. Pan – Aamha9965J Shivamoga 577201 (Appellant) (Respondent) Assessee By: Shri Rajeev C. Nulvi, Advocate Revenue By: Shri Guru Kumar S., Addl. Cit-Dr Date Of Hearing: 28.05.2024 Date Of Pronouncement: 10.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi / Cit(A) Dated 09.01.2024 Vide Din & Order No. Itba/Nfac/250/2023-24/1059510032(1) Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Order Of The Authorities Below Is Against The Facts Of The Case & Passed On Assuming The Facts Which Are Unrealistic. 2. On The Facts & Circumstances Of The Case & In The Provisions Of The Law, The Assessing Officer Erred In Estimating The Agricultural Expenditure At A Certain Percentage Of Agricultural Income Is Against The Fact, As The Increase In The Gross Receipts May Be For Various Reasons, Which Are Not Dependent On Agricultural Expenditure.

For Appellant: Shri Rajeev C. Nulvi, AdvocateFor Respondent: Shri Guru Kumar S., Addl. CIT-DR
Section 139(4)Section 143(3)Section 250

brought into record a single evidence to show that the income is earned through other sources of income and the AO should follow rule of consistency as in the earlier years the same were never disputed by the AO. 7. The learned D.R., on the other hand, supported the orders

M/S. Labland Private Limited, Mysuru vs. Income Tax Officer, Ward-1(1), Mysuru

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

ITA 608/BANG/2024[2017-18]Status: DisposedITAT Bangalore09 Jul 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Keshav Dubeylabland Biotechs Pvt. Ltd. The Income Tax Officer #01, 8Th Km, Krs Road Ward - 1(1), Mysuru Vs. Metagalli, Mysuru 570016 Pan – Aaacl2892A (Appellant) (Respondent) Assessee By: Shri V. Srinivasan, Advocate Revenue By: Shri Guru Kumar S., Addl. Cit-Dr Date Of Hearing: 28.05.2024 Date Of Pronouncement: 09.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against Din & Order No. Itba/Nfac/S/250/2023-24/1062548837(1) Dated 13.03.2024 Passed By The National Faceless Appeal Centre, Delhi (Cit(A)) Under Section 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Orders Of The Authorities Below In So Far As They Are Against The Appellant Are Opposed To Law, Equity, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Case. 2. The Learned Commissioner Of Income Tax [Appeals] / National Faceless Appeal Centre [Nfac For Short] Is Not Justified In Confirming The Assessment Of A Sum Of Rs.87,39,282/- As Income From Other Sources Under The Facts & In The Circumstances Of The Appellant'S Case. 2.1 The Learned Cit[A]/Nfac Failed To Appreciate That The Income Derived By The Appellant Is From Agriculture Operations, Which Is Exempt U/S.10[1] Of The Act Read With Explanation Of Section 2[1] Of The Act & Consequently, The Learned Cit[A]/Nfac

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Shri Guru Kumar S., Addl. CIT-DR
Section 10Section 10(1)Section 142(1)Section 143(2)Section 143(3)Section 2Section 234ASection 250

assessee in which the same income is held to be agricultural income under the similar facts and circumstances and submitted that the rule of consistency should by followed by the Revenue. 7. The learned D.R., on the other hand, supported the orders of the authorities below and submitted that

Vellingiri, Tiruppur vs. ITO, Ward-2(1), Tiruppur

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 1458/CHNY/2023[2015-16]Status: DisposedITAT Chennai28 Jun 2024AY 2015-16

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita Nos.: 1456 & 1458/Chny/2023 िनधा"रण वष" / Assessment Years: 2013-14 & 2015-16 Income Tax Officer, Vellingiri, V. Ward -2(1), 55/79, Kuppanna Chettiyar Tirupur. Street, Palladam Road, Tirupur – 641 604. [Pan: Aekpv-1257-N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. S. Sridhar, Advocate (Erode) ""यथ" क" ओर से/Respondent By : Shri. D. Hema Bhupal, Jcit सुनवाई क" तारीख/Date Of Hearing : 07.05.2024 घोषणा क" तारीख/Date Of Pronouncement : 28.06.2024 आदेश /O R D E R Per S. R. Raghunatha:

For Appellant: Shri. S. Sridhar, Advocate (Erode)For Respondent: Shri. D. Hema Bhupal, JCIT
Section 143(3)Section 69A

there is is no change in facts or law and the business remaining the same, :-4-: ITA. No: 1456 & 1458/Chny/2023 as per the rules of consistency, the assessee’s income may be estimated at an average net profit for both the years. 5. Per contra, the ld.DR opposed the prayer ... business activity of the assessee and no change in facts or law could by pointed out by the Ld.DR, we apply the rule of consistency and is of the opinion that the entire cash deposits in the bank account cannot be added in the hands of the assessee as unaccounted

Vellingiri, Tirupur vs. ITO, Ward-2(1), Tirupur

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 1456/CHNY/2023[2013-14]Status: DisposedITAT Chennai28 Jun 2024AY 2013-14

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita Nos.: 1456 & 1458/Chny/2023 िनधा"रण वष" / Assessment Years: 2013-14 & 2015-16 Income Tax Officer, Vellingiri, V. Ward -2(1), 55/79, Kuppanna Chettiyar Tirupur. Street, Palladam Road, Tirupur – 641 604. [Pan: Aekpv-1257-N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. S. Sridhar, Advocate (Erode) ""यथ" क" ओर से/Respondent By : Shri. D. Hema Bhupal, Jcit सुनवाई क" तारीख/Date Of Hearing : 07.05.2024 घोषणा क" तारीख/Date Of Pronouncement : 28.06.2024 आदेश /O R D E R Per S. R. Raghunatha:

For Appellant: Shri. S. Sridhar, Advocate (Erode)For Respondent: Shri. D. Hema Bhupal, JCIT
Section 143(3)Section 69A

there is is no change in facts or law and the business remaining the same, :-4-: ITA. No: 1456 & 1458/Chny/2023 as per the rules of consistency, the assessee’s income may be estimated at an average net profit for both the years. 5. Per contra, the ld.DR opposed the prayer ... business activity of the assessee and no change in facts or law could by pointed out by the Ld.DR, we apply the rule of consistency and is of the opinion that the entire cash deposits in the bank account cannot be added in the hands of the assessee as unaccounted