COMMISSIONER OF INCOME TAX Vs. V.M.SALGAONKAR BROTHERS PRIVATE LIMITED
LAWS(BOM)-2020-10-47
HIGH COURT OF BOMBAY (AT: PANAJI)
Decided on October 13,2020

COMMISSIONER OF INCOME TAX Appellant
VERSUS
V.M.Salgaonkar Brothers Private Limited Respondents

JUDGEMENT

- (1.) Introduction: The Revenue is the appellant in this tax appeal; it was dissatisfied with the order, dated 4 September 2014, of the Income Tax Appellate Tribunal. On 7 January 2016, this Court admitted the matter after framing two substantial questions of law. Then, the Revenue wanted this Court to frame a third substantial question of law on a specific issue. But, through a reasoned order, this Court refused.
(2.) When we took up the matter for final hearing, the Revenue filed a miscellaneous application. It again wanted us to frame "the same" or "similar" substantial question of law. According to it, this Court earlier refused to frame that substantial question of law, oblivious of the Supreme Court judgment on an identical issue.
(3.) Now the question before us is this: can wea Bench of different composition but of the same strength, thoughreconsider the issue, disregarding its earlier refusal, and frame a substantial question of law, afresh? Facts:;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.