https://www.taxtmi.com/caselaws?id=27095 Section 7 of the Companies (Profits) Surtax Act, 1964 was construed as allowing the Income-tax Officer to go beyond the return, but not to disregard the legal position then binding on him. A Supreme Court ruling and the decision of the jurisdictional High Court remain binding during assessment even if an appeal or special leave petition is pending, so the officer cannot ignore them merely because they are under challenge. Where there is a conflict between High Courts and no binding jurisdictional ruling applies, the view favourable to the assessee may be adopted; only plainly untenable claims may be rejected. en-us Wed, 20 Apr 1983 00:00:00 +0530 Fri, 31 Oct 2025 10:01:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=27095 Section 7 of the Companies (Profits) Surtax Act, 1964 was construed as allowing the Income-tax Officer to go beyond the return, but not to disregard the legal position then binding on him. A Supreme Court ruling and the decision of the jurisdictional High Court remain binding during assessment even if an appeal or special leave petition is pending, so the officer cannot ignore them merely because they are under challenge. Where there is a conflict between High Courts and no binding jurisdictional ruling applies, the view favourable to the assessee may be adopted; only plainly untenable claims may be rejected. Case-Laws Income Tax Wed, 20 Apr 1983 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=27095