2016 (8) TMI 1232

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....ram, Senior Advocate, a/w. Mr. Rahul Hakani and Mr. D. Shashank, for the Appellant Mr. Suresh Kumar, a/w. Ms. Samiksha Kanani, for the Respondent ORDER P. C. All these appeals under Section 260A of the Income Tax Act 1961 (Act) challenge the common order dated 4 September 2013 of the Income Tax Appellate Tribunal (Tribunal). The common impugned order is in respect of Assessment Years 1....

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....issue arising in the appeal before it is covered by the order of a Coordinate Bench of the Tribunal dated 24 June 2011 in its own case in respect of Assessment Years 2003-04 2004-05 and 2005-06. The order dated 24 June 2011 of the Tribunal was with regard to the two issues, which arose for consideration before the Tribunal in these six Assessment Years, namely, the application of principle of mutu....

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....ical issue, which had earlier arisen before the Coordinate Bench of the Tribunal on identical facts and a view has been taken on the issue then judicial discipline would demand that a subsequent bench of the Tribunal hearing the same issue should follow the view taken by its earlier Coordinate Bench. No doubt this discipline is subject to the well settled exceptions of the earlier order being pass....

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....oordinate Bench but the same must be recorded in the order. The impugned order is blissfully silent about the reason why it choses to ignore the earlier decision of the Tribunal rendered after consideration of Sind Co. Op. Hsg. Society (supra), and take a view contrary to that taken by its earlier Coordinate Bench. It is made clear that in case a subsequent bench of the Tribunal does not agree wit....