Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2008

Supreme Court of India · 2008-11-07

Commnr. Of Income Tax, Kanpur vs J.K. Charitable Trust, Kanpur

Citation / case number
AIRONLINE 2008 SC 438
Court
Supreme Court of India
Petitioner
Commnr. Of Income Tax, Kanpur
Respondent
J.K. Charitable Trust, Kanpur
Author
Arijit Pasayat
Bench
Lokeshwar Singh Panta, C.K. Thakker, Arijit Pasayat

Judgment text excerpt

The Supreme Court addressed the appeals against the Allahabad High Court's order favoring the assessee under the Income Tax Act, 1961, specifically referencing Section 256(1) and Section 11. The Court established that the principle of res judicata does not apply to tax matters across different assessment years, affirming that each year constitutes a distinct cause of action. The Court held that the revenue cannot be barred from filing appeals for different assessment years even if no appeals were filed for others, thereby upholding the High Court's decision in favor of the assessee.

Commnr. Of Income Tax, Kanpur vs J.K. Charitable Trust, Kanpur · Niyam