Against the judgement of the Supreme Court in UOI vs. Azadi Bachao Andolan 263 ITR 706, a review petition was filed. That petition was dismissed by a division bench of 2 judges. Upon that dismissal, a curative petition was filed. That curative petition has been dismissed by a bench of 5 judges.
Note: For the law on whether Azadi Bachao Andolan can prevail against McDowell vs. CTO 159 ITR 148 (SC), see CIT vs. Lazor Syntex & CIT vs. Akshay Textiles Trading (Bombay High Court).
Related Judgements
- State vs. Abraham Kurian (Supreme Court)
(1) Tax administration is a complex subject. It consists of several aspects. The Government needs to strike a balance in the imposition of tax between collection of revenue on one hand and business-friendly approach on the other hand. (2) Exemption is a matter of policy. If the Government,…
- CIT vs. Lazor Syntex & CIT vs. Akshay Textiles Trading (Bombay High Court)
In McDowell 154 ITR 148, the Court nowhere said that every action or inaction on the part of the tax payer which results in reduction of tax liability to which he may be subjected to in the future, is to be viewed with suspicion and be treated as a…
