Judicial discipline - Where facts and law in a subsequent ...

Consistent Rulings Required When Facts and Law Unchanged; Exceptions Include Per Incuriam or Distinguished Decisions.

September 24, 2022

Case Laws     Income Tax     AT

Judicial discipline - Where facts and law in a subsequent assessment year are the same, no authority whether quasi judicial or judicial can generally be permitted to take a different view. This mandate is subject only to the usual gateways of distinguishing the earlier decision or where the earlier decision is per incuriam. However, these are fetters only on a coordinate bench which, failing the possibility of availing of either of these gateways may yet differ with the view expressed and refer the matter to a bench of superior strength or in some cases to a bench of superior jurisdiction. - AT

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