CIT v. Thana Electricity Supply Ltd.

206 ITR 727High Court1994#323 most cited

What is CIT v. Thana Electricity Supply Ltd. authority for?

The law declared by the Supreme Court is binding on all courts in India, and decisions of a High Court are binding on subordinate courts and tribunals within its jurisdiction but not on courts or tribunals outside its jurisdiction.

260

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Thana Electricity Supply Ltd. · 206 ITR 727 · 1994 · Bombay High Court · binding precedent · judicial hierarchy · High Court decisions · non-jurisdictional High Court · Income Tax Act 1961 · ITAT

Sections most often in play

Section 143(3)Section 142(1)Section 1961Section 147Section 1894Section 194ASection 143(1)Section 56(2)(viii)

Issues it is cited on

section 2(viii)section 56(viii)section 45(5)(c)section 155(16)undisclosed foreign income and assetssection 23(1a)section 45(5)(b)section 104section 145b(1)section 149(1)(c)section 194lakeyman insurance

Judgments citing CIT v. Thana Electricity Supply Ltd.

India Itme Sociey, Mumbai vs. CIT (Exemption), Mumbai

In the result, Appeal of assessee is allowed for both the years

ITA 721/MUM/2021[2015-16]Status: DisposedITAT Mumbai27 Feb 2023AY 2015-16

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

For Appellant: Mr. Vipul Joshi, ARFor Respondent: Mr. Sandeep Raj, CIT DR
Section 11Section 11(2)Section 12ASection 143Section 143(3)Section 263Section 80G

…Calcutta High Court in (1993) MANU/WB/0145/1991: 199 ITR 215 (Cal) (supra) in a later decision. Under these circumstances, and in the light of the decision of the Hon'ble Bombay High Court in the case of CIT v. Thane Elec. Supply Co. (1994) MANU/MH/0282/1993: 206 ITR 727 (Bom) at 738 we hold that the assessee is not entitled to the benefit of accumulation of deemed income which is taxable under Section 11(3) of the Act. 12. The assessee relied upon certain decisions in support of its contention that a legal fiction has to be carried to its logical conclusion. We fully agree with this proposition that a legal fic…

Shri Prabhas Patan Jain Swetambermurti Pujak Sangh, Rajkot vs. The Income Tax Officer (Exemption), Ward-2, Rajkot

In the result, the appeal of the assessee is dismissed for assessment year 2016-17

ITA 216/RJT/2019[2016-17]Status: DisposedITAT Rajkot22 Feb 2023AY 2016-17

Bench: Shri Waseem Ahmed (Accountant Member), Shri Siddhartha Nautiyal (Judicial Member)

For Appellant: Shri G.R. Sanghavi, A.RFor Respondent: Shri B.D. Gupta, Sr. D.R
Section 11Section 11(1)Section 11(1)(a)Section 11(2)Section 11(3)Section 250

…IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT [CONDUCTED THROUGH VIRTUAL COURT ] Before: Shri Waseem Ahmed, Accountant Member And Shri Siddhartha Nautiyal, Judicial Member Assessment Year 2015-16 Shri Prabhas Patan Jain The ITO(Exemption), Swetambermurti Pujak Ward-2 Sangh, 129 Bazar Gate Vs Rajkot Street, 1st Floor, (Respondent) Maharashtra PAN: AABTS0095C (Appellant) Assessment Year 2016-17 Shri Prabhas Patan Jain The ITO(Exemption), Swetambermurti Pujak Ward-2 Sangh, 129 Bazar Gate Vs Rajkot Street, 1st Floor, (Respondent) Maharashtra PAN: AABTS0095C (Appellant) I.T.A Nos. 377/Rjt/2018 & 21…

Shri Prabhas Patan Jain Swetambermurti Pujak Sangh, Rajkot vs. The Income Tax Officer (Exemption), Ward-2, Rajkot

In the result, the appeal of the assessee is dismissed for assessment year 2016-17

ITA 377/RJT/2018[2015-16]Status: DisposedITAT Rajkot22 Feb 2023AY 2015-16

Bench: Shri Waseem Ahmed (Accountant Member), Shri Siddhartha Nautiyal (Judicial Member)

For Appellant: Shri G.R. Sanghavi, A.RFor Respondent: Shri B.D. Gupta, Sr. D.R
Section 11Section 11(1)Section 11(1)(a)Section 11(2)Section 11(3)Section 250

…IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT [CONDUCTED THROUGH VIRTUAL COURT ] Before: Shri Waseem Ahmed, Accountant Member And Shri Siddhartha Nautiyal, Judicial Member Assessment Year 2015-16 Shri Prabhas Patan Jain The ITO(Exemption), Swetambermurti Pujak Ward-2 Sangh, 129 Bazar Gate Vs Rajkot Street, 1st Floor, (Respondent) Maharashtra PAN: AABTS0095C (Appellant) Assessment Year 2016-17 Shri Prabhas Patan Jain The ITO(Exemption), Swetambermurti Pujak Ward-2 Sangh, 129 Bazar Gate Vs Rajkot Street, 1st Floor, (Respondent) Maharashtra PAN: AABTS0095C (Appellant) I.T.A Nos. 377/Rjt/2018 & 21…

DCIT, Jaipur vs. Rajasthan Financial Corporation, Jaipur

In the result, the appeal of the revenue is dismissed

ITA 199/JPR/2022[2019-20]Status: DisposedITAT Jaipur12 Jan 2023AY 2019-20

Bench: The Hearing.”

For Appellant: Shri Sanjeev Mathur (C.A.)For Respondent: Shri Sanjay Dhariwal (CIT)
Section 115JSection 129(1)Section 143(1)Section 2(17)Section 2(18)

…the case Page No. 1 M/s A-One Granites vs. State of U.P. & Ors on 16 February, 1-9 2001 (Supreme Court of India) 2 State Bank of U. P. and Anr. Vs. M/s Synthetics and Chemicals 10-32 Ltd. and Anr. 18.07.1991 (SC) 3 CIT vs. Thana Electricity Supply Ltd. (1994) 206 ITR 727 33-43 (Bombay) 4 S. P. Gupta vs. President of India and Ors. On 30 December, 44-107 1981 (SC) 5 Commissioner of Income-tax vs. Sun Engineering Works (P.) 108-140 Ltd. (1992) 64 Taxman 442 (SC) 6 Mumbai Kamgar Sabha, Bombay vs. M/s Abdulbhai Faizullabhai 141-162 & Ors on 10 March, 1976 (SC) 7 Amar Nath Om Prakash And Ors. Vs. State of Punjab and O…

Jasodadevi Rajaram Jajoo, Surat vs. Income Tax Officer WD.-2(2)(2), Surat

In the result, appeal filed by the assessee (in ITA No

ITA 185/SRT/2021[2011-12]Status: DisposedITAT Surat06 Dec 2022AY 2011-12

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.183 To 184/Srt/2021 ("नधा"रणवष" / Assessment Years: (2011-12) (Physical Court Hearing) Damodar Jajoo, Vs. The Ito, Ward-2(2)(1), 429-432, Golden Point, Nr. Bsnl Surat. Office, Falsawadi, Ring Road, Surat-395002, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aawpj4341H (Assessee) (Respondent) आयकरअपीलसं./Ita No.185/Srt/2021 ("नधा"रणवष" / Assessment Year: (2012-13) Jasodadevi Rajaram Jajoo, Vs. The Ito, Ward-2(2)(2), 429-432, Golden Point, Ring Surat. Road, Falsawadi, Begampura, Surat-395002, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaqpj7257E (Assessee) (Respondent) Assessee By Ms Richa Tosniwal, Ca & Shri Harishankar Tosniwal, Ca Shri J. K. Chandnani, Sr. Dr Respondent By Date Of Hearing 21/11/2022 Date Of Pronouncement 09/12/2022

Section 10(38)Section 143(2)Section 143(3)Section 147Section 148Section 69

…nding judgment, on the Tribunal situated in Gujarat, as it is the judgment of Hon'ble jurisdictional High Court. At this juncture, it is useful to refer to the judgment of Hon'ble High Court of Bombay in the case of CIT v. Thana Electricity Supply Ltd. (1994) 206 ITR 727 (Bom.) wherein after considering various judgments of Supreme Court laid down the following propositions with regard to binding precedent. The findings of the Hon`ble Court are reproduced below: “ 6. On a careful consideration of the submissions of the learned counsel for the assessee, we find that before taking up the issue involved in the quest…

Damodar Jajoo, Surat vs. Income Tax Officer, WD.2(2)(1), Surat

In the result, appeal filed by the assessee (in ITA No

ITA 184/SRT/2021[2012-13]Status: DisposedITAT Surat06 Dec 2022AY 2012-13

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.183 To 184/Srt/2021 ("नधा"रणवष" / Assessment Years: (2011-12) (Physical Court Hearing) Damodar Jajoo, Vs. The Ito, Ward-2(2)(1), 429-432, Golden Point, Nr. Bsnl Surat. Office, Falsawadi, Ring Road, Surat-395002, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aawpj4341H (Assessee) (Respondent) आयकरअपीलसं./Ita No.185/Srt/2021 ("नधा"रणवष" / Assessment Year: (2012-13) Jasodadevi Rajaram Jajoo, Vs. The Ito, Ward-2(2)(2), 429-432, Golden Point, Ring Surat. Road, Falsawadi, Begampura, Surat-395002, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaqpj7257E (Assessee) (Respondent) Assessee By Ms Richa Tosniwal, Ca & Shri Harishankar Tosniwal, Ca Shri J. K. Chandnani, Sr. Dr Respondent By Date Of Hearing 21/11/2022 Date Of Pronouncement 09/12/2022

Section 10(38)Section 143(2)Section 143(3)Section 147Section 148Section 69

…nding judgment, on the Tribunal situated in Gujarat, as it is the judgment of Hon'ble jurisdictional High Court. At this juncture, it is useful to refer to the judgment of Hon'ble High Court of Bombay in the case of CIT v. Thana Electricity Supply Ltd. (1994) 206 ITR 727 (Bom.) wherein after considering various judgments of Supreme Court laid down the following propositions with regard to binding precedent. The findings of the Hon`ble Court are reproduced below: “ 6. On a careful consideration of the submissions of the learned counsel for the assessee, we find that before taking up the issue involved in the quest…

Damodar Jajoo, Surat vs. Income Tax Officer, WD.2(2)(1), Surat

In the result, appeal filed by the assessee (in ITA No

ITA 183/SRT/2021[2011-12]Status: DisposedITAT Surat06 Dec 2022AY 2011-12

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.183 To 184/Srt/2021 ("नधा"रणवष" / Assessment Years: (2011-12) (Physical Court Hearing) Damodar Jajoo, Vs. The Ito, Ward-2(2)(1), 429-432, Golden Point, Nr. Bsnl Surat. Office, Falsawadi, Ring Road, Surat-395002, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aawpj4341H (Assessee) (Respondent) आयकरअपीलसं./Ita No.185/Srt/2021 ("नधा"रणवष" / Assessment Year: (2012-13) Jasodadevi Rajaram Jajoo, Vs. The Ito, Ward-2(2)(2), 429-432, Golden Point, Ring Surat. Road, Falsawadi, Begampura, Surat-395002, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaqpj7257E (Assessee) (Respondent) Assessee By Ms Richa Tosniwal, Ca & Shri Harishankar Tosniwal, Ca Shri J. K. Chandnani, Sr. Dr Respondent By Date Of Hearing 21/11/2022 Date Of Pronouncement 09/12/2022

Section 10(38)Section 143(2)Section 143(3)Section 147Section 148Section 69

…nding judgment, on the Tribunal situated in Gujarat, as it is the judgment of Hon'ble jurisdictional High Court. At this juncture, it is useful to refer to the judgment of Hon'ble High Court of Bombay in the case of CIT v. Thana Electricity Supply Ltd. (1994) 206 ITR 727 (Bom.) wherein after considering various judgments of Supreme Court laid down the following propositions with regard to binding precedent. The findings of the Hon`ble Court are reproduced below: “ 6. On a careful consideration of the submissions of the learned counsel for the assessee, we find that before taking up the issue involved in the quest…

Shinhan Bank, Mumbai vs. DCIT (It) 4(2)(1), Mumbai

In the result, the cross-objection is dismissed

ITA 2229/MUM/2017[2012-13]Status: DisposedITAT Mumbai09 Nov 2022AY 2012-13
Section 143(3)

…ould not really make a difference. While dealing with judicial precedents from non- jurisdictional High Courts, however, we may also usefully take of the observations of Hon'ble jurisdictional High Court in the case of CIT v. Thane Electricity Co. Ltd. [1994] 206 ITR 727 (Bom.)], to the effect "The decision of one High Court is neither binding precedent for another High Court nor for the courts or the Tribunals outside its own territorial jurisdiction. It is well- settled that the decision of a High Court will have the force of binding precedent only in the State or territories on which the court has jurisdiction…

Shinhan Bank, Mumbai vs. DCIT (It) 4(2)(1), Mumbai

In the result, the cross-objection is dismissed

ITA 2227/MUM/2017[2013-14]Status: DisposedITAT Mumbai09 Nov 2022AY 2013-14
Section 143(3)

…ould not really make a difference. While dealing with judicial precedents from non- jurisdictional High Courts, however, we may also usefully take of the observations of Hon'ble jurisdictional High Court in the case of CIT v. Thane Electricity Co. Ltd. [1994] 206 ITR 727 (Bom.)], to the effect "The decision of one High Court is neither binding precedent for another High Court nor for the courts or the Tribunals outside its own territorial jurisdiction. It is well- settled that the decision of a High Court will have the force of binding precedent only in the State or territories on which the court has jurisdiction…

ACIT-Central Circle -1, Ludhiana vs. M/S Aarti International Ltd., Ludhiana

The appeal of the Revenue is partly allowed in light of aforesaid directions

ITA 102/CHANDI/2022[2011-12]Status: DisposedITAT Chandigarh26 Oct 2022AY 2011-12

Bench: Cit(A)?

For Appellant: Shri Subhash Aggarwal, AdvocateFor Respondent: Smt. Priyanka Dhar, Sr. DR
Section 143(1)Section 143(3)Section 154Section 244ASection 244A(2)Section 250(6)

…nnot refuse to carry out the directions of the High Court. (1961) 1 SCR 474, Foil. (Para 12)" 4.6 In this genre, it may not be out of place to refer to the oft quoted decision of the Bombay High Court in the case of CIT Vs Thana Electricity Supply Ltd. (1994) 206 ITR 727 (Bom) or alternately in the genre of cases being cited, it is necessary to also refer to this decision wherein the Court while enunciating the general principles which are in regard to precedents held that the decisions of the High Courts are binding on the subordinating Courts and authorities or Tribunals in its superintendence throughout the te…

Luxora Infrastructure Pvt. Ltd, Mumbai vs. DCIT Central Circle 2 (1), Mumbai

In the result, the appeal is allowed in the terms indicated above

ITA 1292/MUM/2019[2009-10]Status: DisposedITAT Mumbai21 Oct 2022AY 2009-10

Bench: Us Is A Company Engaged In The Business Of, Inter Alia, The Construction & Development Of Integrated Townships. The Assessment Under Section 143(3) Was Completed On 12Th December 2011 At A Total Income Of Rs 42,18,260. However, As A Result Of Search Operations Having Been Carried Out By The Income Tax Department On The Assessee & Its Associated Persons & Group Enterprises, The Assessee Was Called Upon To File A Fresh Return Under Section 153A, Which Was

Section 143(3)Section 153ASection 68

…t a ruling of a superior Court is binding law”. While dealing with judicial precedents from non- jurisdictional High Courts, we may usefully take of observations of Hon'ble jurisdictional High Court in the case of CIT vs. Thana Electricity Supply Ltd. [(1994) 206 ITR 727 (Bom)], to the effect "The decision of one High Court is neither binding precedent for another High Court nor for the Courts or the Tribunals outside its own territorial jurisdiction. It is well-settled that the decision of a High Court will have the force of binding precedent only in the State or territories on which the Court has jurisdiction.…

M/S Chandrakant H. Kakkad, Rajkot-Gujarat vs. The Income Tax Officer, Ward-4(2), Rajkot-Gujarat

In the result, this ground of the assessee’s appeal is allowed

ITA 126/RJT/2017[2006-07]Status: DisposedITAT Rajkot21 Sept 2022AY 2006-07
For Appellant: Shri Deepak Rindani, A.RFor Respondent: Shri B.D. Gupta, Sr. D.R
Section 139(1)Section 143(3)Section 144ASection 54Section 54F

…d precedents subsilentio are not material'; and Twisden J agreed : precedents sub-silentio and without argument are of no moment'. This rule has ever since been followed." (q) In fact this Court in Commissioner of Income Tax vs. Thana Electricity Supply Ltd. 206 ITR 727 has observed that a decision of one High Court is not binding as a precedent on another High Court unlike a decision of the Apex Court. In support, reliance-was placed in the above order upon the decision of the Apex court in Valliamma Champaka Pillai vs. Sivathanu Filial AIR 1137 1979 (SC) 1937 to hold that it is well settled that decision of on…

Late Jayesh Thar, Mumbai vs. Income Tax Officer TDS, Ward Kalyan, Kalyan

In the result, the appeal stands allowed to the extent indicated in the order

ITA 1479/MUM/2022[2013-2014]Status: DisposedITAT Mumbai19 Sept 2022AY 2013-2014
Section 154Section 200(3)Section 200ASection 220(2)Section 234E

…e taken in terms of the decision of Hon’ble Supreme Court rendered in CIT V/s Vegetable products Ltd. (1972 88 ITR 192). 2.2.The learned CIT(A), going by the law of stare decisis as explained by Hon’ble Bombay High Court in CIT V/s Thana Electric Supply Ltd. (206 ITR 727) concluded that in case of conflicting decisions of co-ordinate jurisdiction, the later decision is to be preferred if it was reached after full consideration of the earlier decisions and therefore, upheld the levy of fees u/s 234E. Since the decision of Hon’ble Gujarat High Court was later in point of time and rendered after consideration of ear…

Late Jayesh Thar, Mumbai vs. Income Tax Officer TDS, Ward Kalyan, Kalyan

In the result, the appeal stands allowed to the extent indicated in the order

ITA 1478/MUM/2022[2013-2014]Status: DisposedITAT Mumbai19 Sept 2022AY 2013-2014
Section 154Section 200(3)Section 200ASection 220(2)Section 234E

…e taken in terms of the decision of Hon’ble Supreme Court rendered in CIT V/s Vegetable products Ltd. (1972 88 ITR 192). 2.2.The learned CIT(A), going by the law of stare decisis as explained by Hon’ble Bombay High Court in CIT V/s Thana Electric Supply Ltd. (206 ITR 727) concluded that in case of conflicting decisions of co-ordinate jurisdiction, the later decision is to be preferred if it was reached after full consideration of the earlier decisions and therefore, upheld the levy of fees u/s 234E. Since the decision of Hon’ble Gujarat High Court was later in point of time and rendered after consideration of ear…

Late Shri Jayesh Thar, Mumbai vs. Income Tax Officer TDS, Ward Kalyan, Kalyan

In the result, the appeal stands allowed to the extent indicated in the order

ITA 1477/MUM/2022[2013-2014]Status: DisposedITAT Mumbai19 Sept 2022AY 2013-2014
Section 154Section 200(3)Section 200ASection 220(2)Section 234E

…e taken in terms of the decision of Hon’ble Supreme Court rendered in CIT V/s Vegetable products Ltd. (1972 88 ITR 192). 2.2.The learned CIT(A), going by the law of stare decisis as explained by Hon’ble Bombay High Court in CIT V/s Thana Electric Supply Ltd. (206 ITR 727) concluded that in case of conflicting decisions of co-ordinate jurisdiction, the later decision is to be preferred if it was reached after full consideration of the earlier decisions and therefore, upheld the levy of fees u/s 234E. Since the decision of Hon’ble Gujarat High Court was later in point of time and rendered after consideration of ear…

Late Shri Jayeesh Thar, Mumbai vs. Income Tax Officer, TDS Ward Kalyan, Kalyan

In the result, the appeal stands allowed to the extent indicated in the order

ITA 1476/MUM/2022[2013-2014]Status: DisposedITAT Mumbai19 Sept 2022AY 2013-2014
Section 154Section 200(3)Section 200ASection 220(2)Section 234E

…e taken in terms of the decision of Hon’ble Supreme Court rendered in CIT V/s Vegetable products Ltd. (1972 88 ITR 192). 2.2.The learned CIT(A), going by the law of stare decisis as explained by Hon’ble Bombay High Court in CIT V/s Thana Electric Supply Ltd. (206 ITR 727) concluded that in case of conflicting decisions of co-ordinate jurisdiction, the later decision is to be preferred if it was reached after full consideration of the earlier decisions and therefore, upheld the levy of fees u/s 234E. Since the decision of Hon’ble Gujarat High Court was later in point of time and rendered after consideration of ear…

M/S. Harman Connected Services Corporation India Private Limited, Bengaluru vs. Assistant Commissioner of Income Tax, Circle- 3(1)(2), Bengaluru

In the result, the appeal is partly allowed

ITA 2243/BANG/2019[2015-16]Status: DisposedITAT Bangalore16 Sept 2022AY 2015-16

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S

For Appellant: Shri T. Suryanarayana, AdvocateFor Respondent: Shri. Biju, M.K., CIT(DR)(ITAT), Bengaluru
Section 115JSection 143(2)Section 143(3)Section 14ASection 80GSection 92C

…y jurisdiction of Hon'ble High Court. The decisions rendered by Hon'ble High Court are binding on all subordinate courts working within its jurisdiction. In this regard we may refer to the following decisions:— '(i) CIT v. Thana Electricity Supply Ltd. (1994) 206 ITR 727 (Bom.), wherein on the issue of "whose decision is binding on whom", the. Hon'ble Bombay Court considered in detail the hierarchy of the courts and has observed as under: "It is also well-settled that though there is no specific provision making the law declared by the High Court binding on subordinate courts, it is implicit in the power of super…

Madhyanchal Gramin Bank, Tendukheda Branch., Sagar vs. ITO(TDS)-1, Jabalpur

In the result, the assessee‟s appeals are dismissed

ITA 77/JAB/2022[2014-15]Status: DisposedITAT Jabalpur13 Sept 2022AY 2014-15

Bench: Shri Sanjay Arora, Hon‟Ble & Shri Manomohan Das, Hon'Ble

…c) to s. 200A(1) w.e.f. 01/6/2015 makes explicit what was implicit, and is thus clarificatory. 4.4 Finally, we may consider the aspect of judicial precedence, law on which is no longer res integra. As explained in CIT vs. Thana Electricity Supply Ltd. [1994] 206 ITR 727 (Bom), a decision of a High Court is not binding on other High Courts or Courts or Tribunals outside it‟s territorial jurisdiction. The decision stands rendered after considering the decision in CIT v. Godavari Devi Saraf [1978] 113 ITR 589 (Bom), relied upon by the assessee before the first appellate authority. True, where there is no contrary d…

Madhyanchal Gramin Bank, Mandi Road Nowgong Branch., Sagar vs. ITO(TDS)-1, Jabalpur

In the result, the assessee‟s appeals are dismissed

ITA 76/JAB/2022[2013-14]Status: DisposedITAT Jabalpur13 Sept 2022AY 2013-14

Bench: Shri Sanjay Arora, Hon‟Ble & Shri Manomohan Das, Hon'Ble

…c) to s. 200A(1) w.e.f. 01/6/2015 makes explicit what was implicit, and is thus clarificatory. 4.4 Finally, we may consider the aspect of judicial precedence, law on which is no longer res integra. As explained in CIT vs. Thana Electricity Supply Ltd. [1994] 206 ITR 727 (Bom), a decision of a High Court is not binding on other High Courts or Courts or Tribunals outside it‟s territorial jurisdiction. The decision stands rendered after considering the decision in CIT v. Godavari Devi Saraf [1978] 113 ITR 589 (Bom), relied upon by the assessee before the first appellate authority. True, where there is no contrary d…

Madhyanchal Gramin Bank, Buxwaha Branch., Sagar vs. ITO(TDS)-1, Jabalpur

In the result, the assessee‟s appeals are dismissed

ITA 75/JAB/2022[2014-15]Status: DisposedITAT Jabalpur13 Sept 2022AY 2014-15

Bench: Shri Sanjay Arora, Hon‟Ble & Shri Manomohan Das, Hon'Ble

…c) to s. 200A(1) w.e.f. 01/6/2015 makes explicit what was implicit, and is thus clarificatory. 4.4 Finally, we may consider the aspect of judicial precedence, law on which is no longer res integra. As explained in CIT vs. Thana Electricity Supply Ltd. [1994] 206 ITR 727 (Bom), a decision of a High Court is not binding on other High Courts or Courts or Tribunals outside it‟s territorial jurisdiction. The decision stands rendered after considering the decision in CIT v. Godavari Devi Saraf [1978] 113 ITR 589 (Bom), relied upon by the assessee before the first appellate authority. True, where there is no contrary d…