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Exemplary Cost to be imposed on Commissioner if precedent not followed while filing appeal Bombay High Court

Service Tax - By: - Manoj Agarwal - Dated:- 6-11-2015 - In a judgement dated 19-01-2015 in the case of Commissioner of Income-tax-8 Versus Proctor & Gamble Home Products Ltd. [2015 (3) TMI 272 - BOMBAY HIGH COURT], the Hon ble Bombay High Court while dismissing the appeal, passed stringent strictures and gave directions to the Revenue Authorities when the Revenue choose to persist with the Appeal, in spite of the issue being covered by the decision of the same High Court. This judgement coul .....

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ing the basis of the challenge i.e. some distinction in facts from the order of the High Court or that the order of the jurisdictional High Court is a subject matter of challenge before the Apex Court. Rule of law implies certainty of law and the State filing appeals on settled issues arbitrarily and/or without any application of mind. This filing of appeal without due application of mind leads to attempting to unsettle settled position without reasons. This casual manner of filing appeals subje .....

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