Whether the revenue must follow a binding ITAT Special Bench...

Whether the revenue must follow a binding ITAT Special Bench ruling on the tax rate applicable to capital gains computed under Section 50 and chargeable under Section 112: the court held that the Commissioner erred by refusing to apply the ITAT Special Bench decision, improperly treating it as non-final because the department contests it and one member dissented; administrative disagreement does not permit disregard of a binding tribunal decision. Reasoning: lower authorities cannot refuse to follow binding appellate rulings based on personal views of correctness. Outcome: impugned order set aside and matter remanded for a fresh order applying the ITAT Special Bench decision. - HC

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