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Issues: Whether the assessees were entitled to set-off of tax already paid on paddy under section 4BB of the U.P. Trade Tax Act, 1948 while computing the benefit under section 4A, and whether the Tribunal was bound to follow the earlier coordinate Bench decision on the same issue.
Analysis: The benefit under section 4BB was treated as a statutory benefit available to the assessees. A circular issued by the Commissioner also supported the claim. An earlier Division Bench of the Tribunal had already allowed the same benefit in materially similar matters, and a coordinate Bench was required to follow that view unless distinguished. The impugned orders were passed without following the earlier binding line of decisions, warranting interference. Since the issue required reconsideration in the light of the earlier precedent and after giving the assessees a reasonable opportunity of hearing, the matter was fit to be sent back for fresh adjudication.
Conclusion: The assessees were held entitled to have their claim examined in accordance with the earlier precedent, the Tribunal's orders were set aside, and the matter was remanded for fresh decision de novo.
Ratio Decidendi: A coordinate Bench must ordinarily follow an earlier decision on the same legal issue, and where that precedent is ignored, the resulting order can be set aside and the matter remanded for fresh consideration.
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