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Judicial discipline requires consistent reassessment treatment where identical facts were decided for the same taxpayer in the preceding assessment year.
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Judicial discipline requires a High Court to follow a Coordinate Bench decision in the same assessee's preceding assessment year where the material facts are identical. In reassessment proceedings concerning an alleged bogus insurance-brokerage transaction, the facts differed only by assessment year from those previously considered. That identity of facts precluded a different view on the challenge to the preliminary reassessment order and consequential reassessment notice. The writ petition was therefore dismissed.
Judicial discipline requires a High Court to follow a Coordinate Bench decision in the same assessee's preceding assessment year where the material facts are identical. In reassessment proceedings concerning an alleged bogus insurance-brokerage transaction, the facts differed only by assessment year from those previously considered. That identity of facts precluded a different view on the challenge to the preliminary reassessment order and consequential reassessment notice. The writ petition was therefore dismissed.
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