| Case ID |
44cc3f2a-ed59-4e1f-bb7b-c459c0bc9dcd |
| Body |
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| Case Number |
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| Decision Date |
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| Hearing Date |
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| Decision |
In this case, the Delhi High Court addressed the applications under section 256(2) of the Income-tax Act, 1961 concerning the assessment years 1979-80 and 1980-81. The petitioner urged the Tribunal to draw up a statement of case and refer two specific questions of law. The Court noted that for the prior assessment years 1977-78 and 1978-79, it had previously directed the Tribunal to make a consolidated statement of case and refer identical questions of law. The Court emphasized the need for consistency in tax matters, especially since the authorities had followed the earlier composite order for the years in question. Therefore, the Tribunal was instructed to prepare a consolidated statement of case for the assessment years 1979-80 and 1980-81 and refer the questions of law regarding the tax treatment of sums received by the assessee and the applicable tax rate. The applications were disposed of without costs. |
| Summary |
This case revolves around the Income-tax Act, 1961, specifically focusing on the assessment years 1979-80 and 1980-81. The Delhi High Court evaluated whether the Tribunal should maintain consistency in its rulings by referring identical questions of law as previously directed for earlier assessment years. The case involved a private discretionary trust established for the benefit of employees of Escorts Ltd. The Court highlighted the importance of adhering to established legal precedents and ensuring that similar cases are treated consistently to uphold the integrity of tax law. The Court directed the Tribunal to prepare a consolidated statement of case, addressing the tax liabilities of the trust and the applicable tax rate. This decision underscores the significance of consistency in taxation and legal proceedings, particularly in cases involving trusts and assessments under the Income-tax Act. |
| Court |
Delhi High Court
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| Entities Involved |
E Ltd.
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| Judges |
MRS. LEILA SETH,
ARUN B. SAHARYA
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| Lawyers |
B. Gupta,
R.C. Pandey,
Bishamber Lal
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| Petitioners |
Not available
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| Respondents |
Escorts Employees' Welfare Trust
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| Citations |
1989 SLD 2094,
(1989) 175 ITR 105
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| Other Citations |
CIT v. Eternal Science of Man's Society [1981] 128 ITR 456 (Delhi)
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| Laws Involved |
Income-tax Act, 1961
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| Sections |
256,
164
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