Allowing the petition the Court held that, if the issue involved is covered by a decision of the High court which is not available while passing the order on a 264 petition and is subsequently available, the decision will have to be applied and relief granted to the assessee. (AY. 2001-02)
N.S.R Murthy v. CIT (2023) 291 Taxman 580 / 333 CTR 869(Telangana) (HC)
S. 89 : Relief for income-tax-Arrears or advance of salary-Order of High Court decision was not available when the order was passed-Order of High Court was available subsequently-Entitle for the relief.[.S.10(10C), 264, Art, 226]