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    <title>2011 (2) TMI 1304 - GUJARAT HIGH COURT</title>
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    <description>Where a tribunal relies on an earlier ruling containing both a legal holding and consequential directions, it must either apply that ruling in full or give reasons for departing from the operative directions. The Tribunal had accepted the earlier view that annual production capacity had to be determined quasi-judicially by the Commissioner and validly communicated to the assessee, but it omitted the related direction for remand and fresh quantification of duty. That selective reliance without reasons was held unsustainable, and the matter was remanded for fresh decision in accordance with law.</description>
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    <pubDate>Thu, 10 Feb 2011 00:00:00 +0530</pubDate>
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      <title>2011 (2) TMI 1304 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=164346</link>
      <description>Where a tribunal relies on an earlier ruling containing both a legal holding and consequential directions, it must either apply that ruling in full or give reasons for departing from the operative directions. The Tribunal had accepted the earlier view that annual production capacity had to be determined quasi-judicially by the Commissioner and validly communicated to the assessee, but it omitted the related direction for remand and fresh quantification of duty. That selective reliance without reasons was held unsustainable, and the matter was remanded for fresh decision in accordance with law.</description>
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      <pubDate>Thu, 10 Feb 2011 00:00:00 +0530</pubDate>
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