2021 (6) TMI 1084
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....ose Joseph. JUDGMENT A.K. Jayasankaran Nambiar, J. 1. The petitioner in Writ Petn. (Civil) No. 8878 of 2020 is the appellant before us, aggrieved by the judgment dt. 30th April, 2021 of the learned Single Judge that dismissed the writ petition. The brief facts necessary for disposal of the Writ Appeal are as follows: Faced with an order of assessment for the year 2018-19 under the IT Act (her....
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....despite referring to particular portions of the judgment of the Supreme Court referred above, proceeded to act directly in contravention thereto inter alia by finding that the petitioner's claim for deduction under s. 80P of the IT Act could not be acceded to, since, the name of the petitioner society had the word "bank" included in it, and had further opined, based on the activities carried o....
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....fore us that, although counsel for the petitioner had canvassed the aforesaid points before the learned Single Judge, the learned Single Judge dismissed the writ petition on the ground that the petitioner had an effective alternate remedy by way of an appeal before the first appellate authority under the IT Act. Indeed, it is also the case of the learned standing counsel for the IT Department that....
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....r a considerable period of time. The reversal by the Supreme Court was itself of a judgment rendered by a Full Bench of this Court, which, in turn, had taken note of conflicting views expressed by Division Benches of this Court. When the law is finally settled by the Supreme Court in a contentious issue such as the one presented in the instant case, the said law has necessarily to be applied by th....