Kolkata Tribunal also lifts embargo on Merilyn Shipping

[subash agarwal,Adv kolkata]

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.

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http://www.subashagarwal.blogspot.in/2013/02/kolkata-tribunal-also-lifts-embargo-on.html

[Bhima]

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

[subash agarwal,Adv kolkata]

What to do when the appearing counsel is not a subscriber of ITAT online,  I mean unaware of the latest  interpretation.

[pawansingla]

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.

[subash agarwal,Adv kolkata]

 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.