Coordinate bench precedent binding on identical facts absent stay, overruling or larger bench reference; later bench followed prior view.

A coordinate bench must follow an earlier decision in the assessee's own case on identical facts and issues unless that decision is stayed, overruled or referred to a larger bench. The later objection that the earlier order was based on concession was rejected because the prior ruling had attained finality to the extent unchallenged and remained operative in the absence of any stay. Applying judicial discipline, the Tribunal declined to depart from the binding precedent and followed it in disposing of the appeals in favour of the assessee.

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Issues: Whether the Tribunal was bound to follow its earlier decision in the assessee's own case on identical facts and issues.

Analysis: The earlier order in the assessee's own case had decided the same questions on identical facts, and that decision had attained finality to the extent not challenged. The later contention that the earlier order was merely on concession was not accepted. In a coordinate bench situation, judicial discipline requires following the earlier view unless the matter is referred to a larger bench. The absence of any stay against the earlier order also meant that it continued to operate and bind. The Tribunal therefore declined to depart from the prior decision and followed it in disposing of these appeals.

Conclusion: The earlier coordinate bench decision was binding and was correctly followed; the appeals were allowed in favour of the assessee.

Ratio Decidendi: A coordinate bench is bound by an earlier decision on identical facts and issues unless it is stayed, overruled, or referred to a larger bench, and a later bench cannot disregard that binding precedent on its own.

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