Allowing the appeal of the assessee the Court held that the Tribunal ought to have applied its decision in the assessee’s own case for the earlier assessment years. The Court also observed that 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. Since the matters had been remanded to the Assessing Officer, the order was not to be interfered with. 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. (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. 254(1) : Appellate Tribunal-Duties-Infrastructure Facility-Container Freight Station-Part of Inland Port-Tribunal cannot ignore Decision of Co-Ordinate Bench-Order of the Tribunal is not interfered with-The Assessing Officer is directed to follow the order of the Tribunal. [S. 80IA(4)(i), 253]