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.