Binding precedent in the assessee's own case barred any substantial question of law; appeals were dismissed.

The Delhi HC held that no substantial question of law arose because the tribunal had followed the binding decision in the assessee's own case, under which the relevant advance ruling had already been set aside in the assessee's favour. The Court treated the issue as no longer res integra and held that the tribunal was right to remand the matters to the Assessing Officer for action consistent with that binding precedent. It further held that pendency of a review petition in the Supreme Court did not suspend the operation of the relied-upon judgment in the absence of any stay. The appeals were dismissed.

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Issues: Whether the income tax appeals raised any substantial question of law in view of the prior decision in the assessee's own case and the Supreme Court ruling relied upon by the Court.

Analysis: The impugned tribunal order had proceeded on the basis of the earlier decision in the assessee's own case, by which the relevant advance ruling had already been set aside in favour of the assessee. The Court treated the issue as no longer res integra and held that the tribunal had correctly remanded the matters to the Assessing Officer to act in accordance with that binding decision. It also noted that the pendency of a review petition in the Supreme Court did not suspend the operation of the judgment relied upon, as no stay had been granted.

Conclusion: No substantial question of law arose, and the appeals were dismissed.

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