Hon'ble ITAT , Kolkata Bench in the case of Surendra Commercial & Exim (P) Ltd., ITA No.916/Kol/2011, order pronounced on 15 February, 2013, has followed Merilyn Shipping , Spl. Bench Verdict post- interim suspension by the Hon'ble A.P High Court.
For full text visit:
http://www.subashagarwal.blogspot.in/2013/02/kolkata-tribunal-also-lifts-embargo-on.html
Please go through the judgment of ITAT, Rajikot bench wherein the ratio of Merilyn Shipping was not considered.
Income-tax Officer – Ward 1(4)
v.
Bhoomi Construction
IT APPEAL NO. 601 (RJT.) OF 2012
[ASSESSMENT YEAR 2006-07]
Date of Pronouncement: 08.02.2013
What to do when the appearing counsel is not a subscriber of ITAT online, I mean unaware of the latest interpretation.
There is nothing mentioned in this order that the suspension of Merlyn shipping was brought to the notice of Members. Further ,Sh.Mahavir Singh was one of the member in the special bench.
Members at Kolkata are aware of the "interim suspension" order. So since last few months whenever the issue of Merilyn Shipping was raised, the case was blocked for a few months. I had appeared in Surendra Commercial's case and had relied upon and placed on record the order of Calcutta High Court in Piyush Kanti Choudhary, which in principle was accepted by the Hon'ble Bench. Though the Calcutta High Court's judgement is not mentioned in the order, the very fact that Merilyn Shipping has been relied upon in the order means that the principle laid down by the Calcutta High Court's judgement has been accepted. It is irrelevant here as to who were the members of the special bench. Everybody follows judicial discipline and bows down to judicial propriety.