Court held that the Tribunal ought to have applied its decision in the assessee’s own case for the earlier assessment years. If the identical issue had arisen in the assessee’s own case for the earlier assessment years and the assessee had succeeded before the Tribunal then the decision of the Tribunal was binding on the authorities, which were anterior to that of the Tribunal and would bind the Assessing Officer. Furthermore, the Tribunal could not ignore the decision of a Co-ordinate Bench unless it distinguished the decision on the merits or disagreed with the view taken by the Tribunal in which case the only option would be to refer it for consideration to a larger Bench. The matters were remanded to the Assessing Officer with a direction to the Assessing Officer to apply the decision of the Tribunal in I. T. A. Nos. 825 and 826/Mds/2010 dated June 14, 2011. (Followed A. L. Logistics Pvt. Ltd.(2015) 374 ITR 609 (Mad) (HC) ( AY.2006-07 to 2008-09, 2010-11, 2011-12)
A. S. Shipping Agencies Pvt. Ltd. v. Dy. CIT (2020) 428 ITR 38 (Mad) (HC)
S. 80IA :Industrial undertakings – Infrastructure development- Appellate Tribunal – Container freight station — Part of inland port — Tribunal cannot ignore decision of co-ordinate Bench- Matter remanded to the Assessing Officer to apply the decision of Tribunal [ S. 253 , 254(1)