https://www.taxtmi.com/caselaws?id=378207 Penalty and appellate orders based on a Division Bench precedent could not stand after that precedent was overruled by a Full Bench and the overruling was affirmed by the Supreme Court. As the assessing authority had proceeded on a legal position that no longer survived, the foundation of the impugned orders failed. The proper course was remand for reconsideration under the correct law, without any final view on the merits. The High Court therefore set aside the penalty and appellate orders and remitted the matter to the assessing authority for a fresh decision in accordance with law, in favour of the assessee. en-us Thu, 14 Mar 2019 00:00:00 +0530 Thu, 11 Apr 2019 05:11:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=378207 Penalty and appellate orders based on a Division Bench precedent could not stand after that precedent was overruled by a Full Bench and the overruling was affirmed by the Supreme Court. As the assessing authority had proceeded on a legal position that no longer survived, the foundation of the impugned orders failed. The proper course was remand for reconsideration under the correct law, without any final view on the merits. The High Court therefore set aside the penalty and appellate orders and remitted the matter to the assessing authority for a fresh decision in accordance with law, in favour of the assessee. Case-Laws VAT and Sales Tax Thu, 14 Mar 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=378207