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july 2008

Supreme Court of India · 2008-07-21

T.K. GINARAJAN vs COMMNR. OF INCOME TAX, COCHIN

Citation / case number
SC 2002/6318
Court
Supreme Court of India
Petitioner
T.K. GINARAJAN
Respondent
COMMNR. OF INCOME TAX, COCHIN
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,P. SATHASIVAM,AFTAB ALAM, ,

Judgment text excerpt

The Supreme Court referred the matter to a larger bench to determine whether the revenue can be precluded from defending itself by relying on contrary decisions, particularly in light of conflicting views from various High Courts. The Court emphasized that res judicata does not apply in tax matters for different assessment years, as each year presents a distinct cause of action. The principle established is that the revenue cannot challenge the correctness of a law accepted in one case for another case without just cause, reinforcing the precedential value of earlier decisions.

T.K. GINARAJAN vs COMMNR. OF INCOME TAX, COCHIN · Niyam