2013 (10) TMI 225

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....M.K. Choudhary. For the Respondent : D.D. Chopra. ORDER:- Heard Mr. S.M.K. Chaudhary, Senior Advocate duly assisted by Mr. Rahul Srivastava, learned Counsel for the petitioner and Mr. D.D. Chopra, learned Counsel for the opposite parties. With the consent of parties' counsel, the writ petition is being disposed of at the admission stage itself. The petitioner-assessee is wholly owne....

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....me-tax Act. The order passed by the First Appellate Authority was challenged by the department by filing a second appeal before the Tribunal and the same is pending adjudication. In the meantime, the petitioner has submitted the return for the assessment year 2010-11, but on account of the subsequent development that in appeal, the appellate authority exempted the income under Section 10 (26AAB....

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....lowing the exemption under Section 10 (26AAB) of the Act. Further, he submits that the order of Commissioner dated 8.10.2012 is under challenge before the Tribunal. As the Commissioner of Income-tax is not the final authority, the relief granted to the petitioner is not final. Further, the proceedings initiated against the petitioner are to be completed by 31.3.2013. After arguing the matter at....

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....the orders of the higher appellate authorities should be followed unreservedly by the subordinate authorities. The mere fact that the order of the appellate authority is not "acceptable" to the department - in itself an objectionable phrase - and is the subject matter of an appeal can furnish no ground for not following it unless its operation has been suspended by a competent court. If this healt....