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july 2008

Supreme Court of India · 2008-07-21

C.K. Gangadharan & Anr vs Commnr. Of Income Tax, Cochin

Court
Supreme Court of India
Petitioner
C.K. Gangadharan & Anr
Respondent
Commnr. Of Income Tax, Cochin
Author
Arijit Pasayat
Bench
Aftab Alam, P. Sathasivam, Arijit Pasayat

Judgment text excerpt

The Supreme Court addressed whether the revenue can be precluded from defending itself by relying on contrary decisions, referencing earlier cases such as Union of India v. Kaumudini Narayan Dalal (2001) and CIT v. Narendra Doshi (2004). The Court clarified that res judicata does not apply to tax matters across different assessment years, emphasizing the principle of precedent. The matter was referred to a larger bench for further consideration, indicating the need for clarity on the application of legal principles in tax disputes.

C.K. Gangadharan & Anr vs Commnr. Of Income Tax, Cochin · Niyam