Wednesday, February 8, 2012

Tribunal’s order is binding and failure to follow it is ‘Contempt of Court’

M/s. Cargo Handling Private Workers Pool vs. DCIT (ITAT Vizag)


Though the Tribunal in the assessee’s own case held that exemption u/s 11 was available and the facts were identical, the CIT (A), for a subsequent year, declined to follow it inter alia on the ground that the DR had not advanced arguments before the Tribunal in a ‘comprehensive and effective manner’. The assessee filed an appeal demanding exemplary costs u/s 254(2B). HELD by the Tribunal after a comprehensive review of the law on the subject:

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