Tribunal held that the Tribunal in the assessee’s own case for an earlier year holding against it, was contrary to judgments of the High Courts and the Supreme Court wherein a similar issue had been decided in favour of the assessee and the Tribunal did not have the benefit thereof. Order of High Court to be followed. Legal claim can be raised first time before Appellate Tribunal. (AY. 2003-04,2006-07 to 2008-09)
Jindal Steel and Power Ltd. v Add. CIT (2022) 97 ITR 516 (Delhi) (Trib)
S. 254(1) : Appellate Tribunal-Duties-Precedent-Additional ground-Legal claim-Can be raised first time before Appellate Tribunal-Order in Assessee’s own case for earlier year against-Order passed by Tribunal without benefit of rulings of High Courts and Supreme Court and Contrary thereto-Not to be followed-High Court order to be followed.