2018 (1) TMI 1078

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....dya & Mr. Srihari Iyer for the Respondent   P. C. 1. Heard the learned Counsel appearing for the Appellant and the learned Counsel appearing for the Revenue. The learned Counsel appearing for the Appellant has pressed into service the following substantial questions of law : "(A) Whether on the facts and in the circumstance of the case and in law the Tribunal was right in holding tha....

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....me Tax Appellate Tribunal by which two Appeals preferred by the Appellant-Revenue for the Assessment years 2003-04 and 2004-05 were decided. The challenge in this Appeal is confined to the Appeal pertaining to the year 2004-05. The Appellate Tribunal while dismissing the Appeal preferred by the Appellant-Revenue first relied upon a decision of this Court in Income Tax Appeal No. 3474 of 2010 in....

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.... which is pending for final hearing before the Apex Court. However, there is no dispute that as of today, the decisions of this Court in both the cases stand. 3. As regards the second question of law, the Appellate Tribunal has followed the decision of Karnataka High Court dated 9th August, 2011 in the case of CIT vs Yokogawa India Ltd. Similar view was taken by this Court in the case of Hindus....

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....ate Benches of this Court continue to be bound by the said decision. Even if a judgment of the Coordinate bench is stayed by the higher Court, as far as this Court is concerned, it continues to be bound by the judgment. 6. A Division Bench of this Court in the case of Commissioner of Income Tax vs Desai Bros. Ltd. [1991] 189 ITR 88 (Bom) has dealt with the issue of effect of the pending of Spec....