DCIT, TIRUPPUR vs. SULOCHANA COTTON SPINNING MILLS PVT LTD., TIRUPPUR

All these appeals are filed by Revenue are directed against the different orders of the Commissioner of Income Tax (Appeals)-1, Coimbatore for the above assessment years. Since the issue in these appeals are common in nature, these appeals are clubbed, heard together, and disposed of by this common order for the sake of convenience. As far as in the case of M/s. SVA Syntex Pvt. Ltd is concerned, none appeared on behalf of the assessee, thus we dispose the case on merits after hearing the Departmental Representative .

Now the only contention of the Department before this Tribunal is that the Revenue has not accepted the judgment of Madras High Court and an appeal has already been filed along with Special Leave Petition and the same is pending before the Apex Court. This Tribunal is of the considered opinion that mere pendency of Special Leave Petition before the Apex Court cannot be a reason to take a different view. The judgment of Madras High Court is binding on all the authorities in the State of Tamil Nadu and Union Territory of Pondicherry. Therefore, the Commissioner of Income Tax (Appeals) has rightly allowed the claim of the assessees by following the binding judgment of Madras High Court in Velayudhaswamy Spinning Mills (P)