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The Commercial Tax Officer (Audit) , The Deputy Commissioner of Commercial Taxes Versus M/s IFB Industries Ltd.

Validity of different view taken by Court - Tribunal has already decided the matter in case of original petitioner - Appellant contended that it could be made permissible if the higher forum had taken a different view - Held that:- if any party to th .....

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t to opening a pandora box. Such is neither conceived nor can be permitted in the system of administration of justice. Once a decision has attained finality, it cannot be upset just on a mere ground that subsequently the higher forum has taken a diff .....

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igher forum, meaning thereby the Department accepted the decision of the Tribunal. Once the Department having accepted the decision of the Tribunal, it would not be open to the Officer of the Department to re-open the issue may be under the guise of .....

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cted against the order dated 31.07.2014 passed by the learned Single Judge of this Court in W.P.No.12380/2014 and W.P.Nos.16018- 16028/2014, whereby the learned Single Judge has for the reasons recorded in the order allowed the writ petitions and has .....

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earned Additional Government Advocate appearing for the appellant. 3. The contention raised on behalf of the appellant was that after the Tribunal decided the matter in case of the original petitioner, this Court had taken a different view, resultant .....

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h the direction was issued by the learned Single Judge has not been carried by the Department before the higher forum. He submitted that the learned Single Judge ought to have relegated the original petitioner to the remedy of appeal instead of enter .....

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the parties to the proceedings. 5. If any party to the proceedings or party to the decision is permitted to reopen the issue which stood concluded by the earlier decision on a mere ground that subsequently legal position is altered, not only the sanc .....

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