Home › Tax Laws › CIT v. Vallabh Pesticides Ltd. And Another. (2018) 408 ITR 54 /(2019) 173 DTR 356(Guj) (HC) Editorial: SLP is granted to the assessee . Vallabh Pesticides Ltd. v. CIT (2018) 407 ITR 27 (St) (SC)

CIT v. Vallabh Pesticides Ltd. And Another. (2018) 408 ITR 54 /(2019) 173 DTR 356(Guj) (HC) Editorial: SLP is granted to the assessee . Vallabh Pesticides Ltd. v. CIT (2018) 407 ITR 27 (St) (SC)

Interpretation of taxing statues – Precedent – Settlement Commission must follow decision of jurisdictional High Court. [ S.245C, 245D ]

It was not open for the Settlement Commission to disturb such ratio of the judgment of the High Court. If the Settlement Commission had noticed a judgment of a larger Bench of the same High Court or a judgment of the Supreme Court which, in an identical situation, laid down law to the contrary, it was open for the Settlement Commission to record that the judgment of the High Court in the case of Shalibhadra Developers  ( 2017) 8 ITR.OL355 (Guj) (HC) was rendered per incuriam. Except for this proposition, it was simply not open for the Settlement Commission to disturb the conclusions of the High Court on law points reached after detailed consideration. On the dispute about the orders of assessment being actually passed on December 26, 2017 itself or not, the Commissioner had given no finding.