| Question And Answer | |
|---|---|
| Subject: | Binding nature of Jurisdictional ITAT order in revision u/s 264 of IT Act 1961 |
| Category: | Income-Tax |
| Querist: | Kanika Agrawal |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | appeal, Appellate Tribunal, binding nature of order of Tribunal, Revision |
| Date: | September 14, 2022 |
PF/ESI deposited after due dates of respective Acts but before due date of filing ITR for A.Y. prior to A.Y. 21-22.
Jurisdictional ITAT, Indore Bench consistently deleted the additions made on the above issue, holding that amendments made by Finance Bill 2021 on the above issues are not applicable before 31.03.2021.
No subsequent order of Jurisdictional High Court of MP
Revision u/s 264 filed before Jurisdictional P.C.I.T. Indore.
Query
Whether the order of Jurisdictional ITAT are binding in Revision u/s 264? Whether different view can be taken?
Citation Please
Thanks & Regards
The view of the jurisdictional Tribunal is binding on the departmental officers.
In the case of Bajaj Auto Finance Ltd. v. CIT (2018) 404 ITR 564 (Bom.)(HC), It was held that interpretations given by High Courts and Tribunals cannot be ignored by the Assessing Officers.
In the case of ITO v. Siemens India Ltd (1985) 156 ITR 11 (Bom)(HC) and Bank of Baroda v. H.C. Shrivastava (2002) 256 ITR 385 (Bom) (HC) it was held that the Assessing Officer cannot ignore the decision taken by the Appellate Tribunal in favour of the assessee and take a contrary view.