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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

Cooperative Cane Deve. Union, Ltd., Haridwar vs. ITO, W- 1(3)(1), Haridwar

In the result, appeal of the assessee is partly allowed

ITA 158/DDN/2024[2019-20]Status: DisposedITAT Dehradun16 Jan 2026AY 2019-20

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Through Virtual Mode] [Assessment Year: 2019-20] Co-Operative Cane Development Vs Ito Union Limited, Jawalapur, Ward-1(3)(1) Vill. & P.O. Jawalapur, Distt.- Haridwar Haridwar, Uttarakhand-249407 Uttarakhand Pan-Aaaic0152B Appellant Respondent Assessee By None Revenue By Shri Amar Pal Singh, Jcit Dr Date Of Hearing 13.11.2025 Date Of Pronouncement 16.01.2026 Order Per Manish Agarwal, Am : The Captioned Appeal Is Filed By The Assessee Against The Order Dated 26.07.2024 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld. Cit(A)”] In Appeal No. Nfac/2018-19/10076885 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Intimation Order Dated 02.12.2020 Passed U/S 143(1) Of The Act Pertaining To Assessment Year 2019-20. 2. At The Time Of Hearing, Assessee Filed The Letter & Stated That The Written Submission Made Be Considered. Therefore, Ld. Sr. Dr Was Heard & Proceeded To Decide The Appeal Filed By The Assessee On The Basis Of Material Available On Record. 3. Brief Facts Of The Case Are That Assessee Is A Co-Operative Society Constituted By The State Government, Engaged In The Business Of Providing Credit Facilities To Its Members Who Are Agriculturists & Cane Growers Also, Marketing Of Agricultural Products & Purchase Of Agricultural Implements & Other Products Like Fertilizers, Insecticides Etc. Assessee Filed Its Return Of Income On 29.08.2019, Declaring Total Income At Nil & Claimed Deduction U/S 80P Of Inr 1,04,54,668/-. Thereafter, The Return Of Income Was Processed U/S 143(1), Assessed Total Income At Inr 1,04,54,668/- Where Deduction U/S 80P Was Not Provided To The Assessee Society.

Section 143(1)Section 143(1)(a)Section 143(3)Section 250Section 80P

adjustment u/s 143(1)(a)(il) on account of disallowance of deduction claimed u/s 80P for these years, hence even as per rule of consistency, the similar claim of deduction u/s 80P under similar facts and circumstances for the intervening assessment year 2019-20 is allowable, therefore, from this point