PCIT v. JWC Logistics Park Pvt. Ltd.( 2018) 404 ITR 310 (Bom)(HC) , www.itatonline.org

S. 260A : Appeal – High Court – Strictures passed against Dept’s Advocate for “most unreasonable attitude” of seeking to reargue settled concluded issues and not following the judicial discipline and law of precedents – Infrastructure facility – – Container freight station ( CFS) is eligible deduction as an infrastructure facility [ S.80IA ]

Dismissing the appeal of the revenue the Court has passed strictures passed against Dept’s Advocate for “most unreasonable attitude” of seeking to reargue settled concluded issues. This results in unnecessary wastage of the scarce judicial time available in the context of the large number of the appeals awaiting consideration. Dept’s Advocate are expected to act with responsibility as an Officer of the Court and not merely argue for the sake of arguing when an issue is clearly covered by the decision of Co- ordinate Bench of the Court and take up scarce judicial time. Advocates must bear in mind that this is a Court of law and not an University/College debating Society, where debates are held for academic stimulation. We deal with real life disputes and decide them in accordance with the Rule of Law, of which an important limb is uniformity of application of law. This on the basis of judicial discipline and law of precedents. ( ITXA-613-2015 ITXA-618-2015 (SR.3), dt. 11.04.2018)( AY. 2008 -09 , 2009-10)