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Income Tax Appellate Tribunal, “D” BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI A. MOHAN ALANKAMONY
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
This appeal of the assessee is directed against the order of the Commissioner of Income Tax (Appeals)-1, Coimbatore, dated 29.12.2014 and pertains to assessment year 2011-12.
Dr. B. Nischal, the Ld. Departmental Representative, submitted that the only issue arises for consideration is with regard to deduction claimed by the assessee under Section 80-IA of the Income-tax Act, 1961 (in short 'the Act'). The CIT(Appeals) allowed the claim of the assessee on the basis of the judgment of the Madras High Court in Velayudhaswamy Spinning Mills (P) Ltd. v.
ACIT (2010) (231 CTR 368). The only objection of the Revenue is that it has already filed a Special Leave Petition before the Supreme Court against the judgment of Madras High Court in Velayudhaswamy Spinning Mills (P) Ltd. (supra).
We have heard Shri G. Baskar, the Ld.counsel for the assessee also. The assessee claimed deduction under Section 80- IA of the Act. However, the Assessing Officer rejected the same.
The CIT(Appeals), by following the judgment of Madras High Court in Velayudhaswamy Spinning Mills (P) Ltd. (supra), allowed the claim of the assessee. It is not the case of the Revenue that the judgment of Madras High Court in Velayudhaswamy Spinning Mills (P) Ltd. (supra) is not applicable to the case before us. The only objection of the Ld. D.R. is that an SLP is pending before the Supreme Court. This Tribunal is of the considered opinion that mere pendency of SLP before the Supreme Court cannot be a reason not to follow the judgment of the jurisdictional High Court. In other words, the judgment of the Madras High Court is not only binding on this Tribunal but also binding on both the parties before this Tribunal. Therefore, the CIT(Appeals) has rightly followed the judgment of the jurisdictional High Court in Velayudhaswamy Spinning Mills (P) Ltd. (supra). Therefore, this Tribunal do not find any reason to interfere with the order of the CIT(Appeals) and accordingly, the same is confirmed.
In the result, the appeal filed by the Revenue is dismissed.
Order pronounced on 13th November, 2015 at Chennai.