MALAYALA MANORAMA CO LTD. vs. COMMR.OF INCOME TAX, TRIVANDRUM

The appeals are allowed and the

273, question No. 2 has to be answered in the negative and in favour of the assessee.\024 Mr. Vellapally further placed reliance on Commissioner of Income Tax v. Loyal Textiles Mills Ltd. (2003) 261 ITR 307 (Madras), Commissioner of Income Tax v. Thiroo Arooran Sugars Ltd. (2006) 152 Taxman 344 (Madras), Cochin Cadalas (P) Ltd. v. Commissioner of Income

VINUBHAI MOHANLAL DOBARIA vs. CHIEF COMMISSIONER OF INCOME TAX

The appeal is disposed of in the aforesaid terms

Bench: HON'BLE MR. JUSTICE J.B. PARDIWALA

273] it was observed that courts must avoid the danger of a priori determination of the meaning of a provision based on their own preconceived notions of ideological structure or scheme into which the provision to be interpreted is somewhat fitted. They are not entitled to usurp legislative function under the disguise of interpretation