Revisional power in block assessment upheld, undisclosed search income sustained, freight suppression addition restored, accrued lorry hire liability ...
Reassessment and fee-for-technical-services classification: reopening upheld, but certain reimbursements and mobilization charges fell outside treaty ...
Section 80P deduction for co-operative societies remains available despite nominal members and housing society status, with limited interest income tr...
The Appellate Tribunal held that a later company petition could not be used to reopen reliefs already refused or deemed refused in an earlier final order. The liberty reserved in the prior judgment was confined to grievances arising from actions taken pursuant to the EGM directed thereunder, and did not authorise re-agitation of the entire controversy. As the later petition was substantially based on alleged non-compliance with the earlier order, the proper course was execution of that order, not a fresh petition. The Tribunal also applied res judicata and the principle underlying Order II Rule 2, finding substantial overlap with earlier claims and matters that could have been raised before. The appeal was dismissed.
The Appellate Tribunal held that a later company petition could not be used to reopen reliefs already refused or deemed refused in an earlier final order. The liberty reserved in the prior judgment was confined to grievances arising from actions taken pursuant to the EGM directed thereunder, and did not authorise re-agitation of the entire controversy. As the later petition was substantially based on alleged non-compliance with the earlier order, the proper course was execution of that order, not a fresh petition. The Tribunal also applied res judicata and the principle underlying Order II Rule 2, finding substantial overlap with earlier claims and matters that could have been raised before. The appeal was dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
