In my view Interim suspension order passed by the Hon'ble A.P High in the case of Merilyn Shipping (spl. bench order of Visakhapatnam bench) does not affect the binding value of the special bench order. The same continues to hold the field and may still be relied upon by the CIT(A)s and ITAT to give relief to the assessees on the paid /payable issue in respect of sec 40(a)(ia). To know why, pls visit-
www.subashagarwal.blogspot.in
But the department can take the benefit of this "interim suspension" of the Special Bench Order ! Then how can an assessee get the relief till the matter is finally decided? In any which way revenue succeeds in taking an interim relief from the AP HC !
Anumita, most probably u have not gone through my article on d issue available on my blog whose link is given below my initial post. My view is based on the interpretation given by d honble Apex Court n d honble high court of Calcutta under similar situation.
Yes sir, i have read your observation in your article and i completely agree with your interpretation. The case laws referred by you are helpful. :)
Thanks Anumita!