CIT v. Vinay Cements Ltd.

213 CTR 268Supreme Court of India2007#171 most cited

What is CIT v. Vinay Cements Ltd. authority for?

Employees' contributions to provident fund and ESI are allowable as a deduction under Section 36(1)(va) read with Section 2(24)(x) if deposited by the assessee before the due date for filing the income tax return.

422

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. Vinay Cements Ltd. · Vinay Cements SC · employees contribution PF ESI · Section 36(1)(va) · Section 2(24)(x) · belated deposit ESI EPF · deduction allowability · due date filing return · penalty Section 270A

Sections most often in play

Section 250Section 143(1)(a)Section 143(3)Section 270ASection 28Section 36(1)(va)

Issues it is cited on

section 2(24)(x)section 36(1)(va)section 36(1)section 36india

Judgments citing CIT v. Vinay Cements Ltd.

Kalpajeet Basu Mallik, Kolkata vs. CPC, Bangalore

In the result, appeal of the assessee is allowed

ITA 582/KOL/2021[2019-20]Status: HeardITAT Kolkata16 Feb 2022AY 2019-20

Bench: Shri A. T. Varkey & Shri Rajesh Kumar] I.T.A. No. 582/Kol/2021 Assessment Years: 2019-20

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…

Gangotri Health Care & Research Pvt. Ltd., Darjeeling vs. CPC, Bagalore(ACIT, Cir. 1, Siliguri), Bangalore

In the result, appeal of the assessee is allowed

ITA 580/KOL/2021[2019-20]Status: HeardITAT Kolkata16 Feb 2022AY 2019-20

Bench: Shri A. T. Varkey & Shri Rajesh Kumar] I.T.A. No. 580/Kol/2021 Assessment Years: 2019-20 Gangotri Health Care & Research Vs. Cpc, Bangalore [Acit, Cir-1, Pvt. Ltd. Siliguri] (Pan: Aafcg7852G) Appellant Respondent

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…

Earthbags Export (P) Ltd., Kolkata vs. ITO, Ward-4(4), Kolkata

In the result, appeal of the assessee is allowed for statistical purposes

ITA 574/KOL/2021[2018-19]Status: DisposedITAT Kolkata16 Feb 2022AY 2018-19

Bench: Shri A. T. Varkey, Jm]

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…

Jayanta Chakraborty, Durgapur vs. ITO, Ward 1(2), Durgapur

In the result, appeal of the assessee is allowed for statistical purposes

ITA 568/KOL/2021[2018-19]Status: DisposedITAT Kolkata16 Feb 2022AY 2018-19

Bench: Shri A. T. Varkey, Jm]

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…

Shri Tarit Kumar Ghosh, Kolkata vs. A.O. CPC, Bangalore

In the result, appeals of the assessee are allowed for statistical purposes

ITA 500/KOL/2021[2019-20]Status: DisposedITAT Kolkata16 Feb 2022AY 2019-20

Bench: Shri A. T. Varkey] I.T.A. No. 499 & 500/Kol/2021 Assessment Years: 2018-19 & 2019-20 Shri Tarit Kumar Ghosh Vs. Dcit, Cpc, Bengaluru (Pan: Adhpg7436L) Appellant Respondent

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…

Shri Tarit Kumar Ghosh, Kolkata vs. A.O. CPC, Bangalore

In the result, appeals of the assessee are allowed for statistical purposes

ITA 499/KOL/2021[2018-19]Status: DisposedITAT Kolkata16 Feb 2022AY 2018-19

Bench: Shri A. T. Varkey] I.T.A. No. 499 & 500/Kol/2021 Assessment Years: 2018-19 & 2019-20 Shri Tarit Kumar Ghosh Vs. Dcit, Cpc, Bengaluru (Pan: Adhpg7436L) Appellant Respondent

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…

Orange Securitas Pvt. Ltd., Kolkata vs. A.O. Cir. 6(2), Kolkata

In the result, appeal of the assessee is allowed

ITA 490/KOL/2021[2017-18]Status: HeardITAT Kolkata16 Feb 2022AY 2017-18

Bench: Shri A. T. Varkey & Shri Rajesh Kumar] I.T.A. No. 490/Kol/2021 Assessment Years: 2017-18 Orange Securities Pvt. Ltd. Vs. A.O., Circle-6(2), Kolkata (Pan: Aaaco 8239 L) Appellant Respondent

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…

Premier Irrigation Adritee Pvt. Ltd., Kolkata vs. ACIT, Cir. 11(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 481/KOL/2021[2019-20]Status: HeardITAT Kolkata16 Feb 2022AY 2019-20

Bench: Shri A. T. Varkey & Shri Rajesh Kumar] I.T.A. No. 481/Kol/2021 Assessment Years: 2019-20 Premier Irrigation Adritec Pvt. Ltd. Vs. Acit, Circle-11(1), Kolkata (Pan: Aafcm 4800 Q) Appellant Respondent

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…

Diamond Engineering, Kolkata vs. DCIT, CPC, Bangalore

In the result, appeal of the assessee is allowed for statistical purposes

ITA 473/KOL/2021[2019-20]Status: DisposedITAT Kolkata16 Feb 2022AY 2019-20

Bench: Shri A. T. Varkey] I.T.A. No. 472 & 473/Kol/2021 Assessment Years: 2018-19 & 2019-20 Diamond Engineering Vs. Dcit, Cpc, Bengaluru (Pan:Aacfd5820F) Appellant Respondent

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…

Diamond Engineering, Kolkata vs. DCIT, CPC, Bangalore

In the result, appeal of the assessee is allowed for statistical purposes

ITA 472/KOL/2021[2018-19]Status: DisposedITAT Kolkata16 Feb 2022AY 2018-19

Bench: Shri A. T. Varkey] I.T.A. No. 472 & 473/Kol/2021 Assessment Years: 2018-19 & 2019-20 Diamond Engineering Vs. Dcit, Cpc, Bengaluru (Pan:Aacfd5820F) Appellant Respondent

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…

Hind Electric & Trading Co., Kolkata vs. CPC/ITO, WD-40(3), Kolkata

In the result, appeal of the assessee is allowed

ITA 464/KOL/2021[2019-20]Status: DisposedITAT Kolkata16 Feb 2022AY 2019-20

Bench: Shri A. T. Varkey] I.T.A. No. 464/Kol/2021 Assessment Year: 2019-20

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…

Arun Kumar Biswas, Bishnupur vs. ITO, Ward-26(1), Kolkata

In the result, both the appeals of the assessee are allowed

ITA 408/KOL/2021[2018-19]Status: DisposedITAT Kolkata16 Feb 2022AY 2018-19

Bench: Shri A. T. Varkey] I.T.A. Nos. 370 & 408/Kol/2021 Assessment Years: 2018-19

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…

M/S Jayanta Food Products, Kolkata vs. DCIT, CPC, Bangalore

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 384/KOL/2021[2019-20]Status: DisposedITAT Kolkata16 Feb 2022AY 2019-20

Bench: Shri A. T. Varkey] I.T.A. Nos. 383 & 384/Kol/2021 Assessment Years: 2018-19 & 2019-20

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…

M/S Jayanta Food Products, Kolkata vs. DCIT, CPC, Bangalore

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 383/KOL/2021[2018-19]Status: DisposedITAT Kolkata16 Feb 2022AY 2018-19

Bench: Shri A. T. Varkey] I.T.A. Nos. 383 & 384/Kol/2021 Assessment Years: 2018-19 & 2019-20

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…

Arun Kumar Biswas, Bishnupur vs. ITO, Ward-26(1), Kolkata

In the result, both the appeals of the assessee are allowed

ITA 370/KOL/2021[2018-19]Status: HeardITAT Kolkata16 Feb 2022AY 2018-19

Bench: Shri A. T. Varkey] I.T.A. Nos. 370 & 408/Kol/2021 Assessment Years: 2018-19

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…

Shyamal Banerjee, Purulia vs. CPC, Bangalore

In the result, appeal of the assessee is allowed for statistical purposes

ITA 502/KOL/2021[502]Status: DisposedITAT Kolkata16 Feb 2022

Bench: Shri A. T. Varkey] I.T.A. No. 502/Kol/2021 Assessment Years: 2018-19 Shyamal Banerjee Vs. Cit(A), Nfac, Delhi (Pan:Adupb0408N) Appellant Respondent

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…

Cogwheel Facility Management Pvt Ltd, New Delhi vs. DCIT CPC, Bangalore

In the result, appeal of the assessee is allowed

ITA 1838/DEL/2020[2018-19]Status: DisposedITAT Delhi14 Feb 2022AY 2018-19

Bench: Shri R.K. Pandaassessment Year: 2018-19 Cogwheel Facility Management Pvt. Vs Dcit, Ltd., J-128/1, 2Nd Floor, Cpc, Mohammadpur Village, Bangalore. Near Bhikaji Cama Place, Rk Puram, New Delhi. Pan: Aagcc1517K (Appellant) (Respondent) Assessee By : Shri Ruchesh Sinha, Advocate Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 03.02.2022 Date Of Pronouncement : .02.2022 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27Th August, 2020 Of The Cit(A)-2, New Delhi, Relating To Assessment Year 2018-19. 2. The Grounds Of Appeal Raised By The Assessee Are As Under:- “1. That The Ld.Cit(A) Has Erred On Facts & In Law In Upholding The Order Of The Ao, Passed Under Section 154 Of The Income Tax Act, 1961. 2. That The Ld. Cit(A) Has Erred On Facts & In Law In Upholding The Addition Of Rs.23,55,432/- Made By Ao By Invoking The Provisions Of Section 36(1)(Va) Of The Income Tax Act, 1961 3. That The Ld. Cit(A) Has Erred On Facts & In Law In Ignoring The Well- Established Judicial Pronouncements Including That Of The Jurisdictional High Court. 4. That The Impugned Appellate Order Is Arbitrary, Illegal, Bad In Law & The Violation Of Rudimentary Principle Of Contemporary Jurisprudence. 5. That The Appellant Craves Leave To Add, Amend, Alter, Vary And/Or Withdraw Any Or All The Above Grounds Of Appeal Before Or At The Time Of Hearing Of The Appeal.”

For Appellant: Shri Ruchesh Sinha, AdvocateFor Respondent: Shri Om Prakash, Sr. DR
Section 139(1)Section 143(1)Section 154Section 2(24)(x)Section 36Section 36(1)(va)Section 43B

…ive Statutory Acts. The appellant has analyzed the various sections pertaining to sections 43B, scope of 143(l)(a), 36(l)(va) etc., alongwith the following judicial decisions :- i) CIT vs. Kichha Sugar Company Ltd. (Uttarakhand) ii) CIT vs. Vinay Cement Ltd., 213 CTR 268 (SC) iii) CIT vs. AIMIL Ltd. & Anrs., 321 ITR 508 iv) CIT vs. Alom Extrusion Ltd., 319 ITR 306 2 4.1 The submissions made by the appellant needs to be evaluated in the context of legal provisions laid down in the Act. The same are enumerated hereunder:- 4.1.1 The legal provision > Section 36(1)(va) deals with deduction in respect of the sum rece…

Kanishka Basu Mallik, Kolkata vs. Asstt. Director of Income Tax, CPC, Kolkata

In the result, appeal of the assessee is allowed

ITA 27/KOL/2022[2019-20]Status: HeardITAT Kolkata11 Feb 2022AY 2019-20

Bench: Shri A. T. Varkey & Shri Rajesh Kumar] I.T.A. No. 27/Kol/2022 Assessment Years: 2019-20 Kanishka Basu Mallik Vs. Adit, Cpc, Bengaluru (Pan: Bwapm2770E) Appellant Respondent

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…

Genesis Intellectuals Pvt. Ltd., Kolkata vs. Asst. Director of Income Tax, CPC, Kolkata

In the result, appeal of the assessee is allowed

ITA 26/KOL/2022[2019-20]Status: HeardITAT Kolkata11 Feb 2022AY 2019-20

Bench: Shri A. T. Varkey & Shri Rajesh Kumar] I.T.A. No. 26/Kol/2022 Assessment Years: 2019-20 Genesis Intellectuals Pvt. Ltd. Vs. Adit, Cpc (Pan: Aagcg2638H) Appellant Respondent

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…

Maithan Alloys Limited, Kolkata vs. DCIT, CPC, Bangalore

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 560/KOL/2021[2019-20]Status: HeardITAT Kolkata11 Feb 2022AY 2019-20

Bench: Shri A. T. Varkey & Shri Rajesh Kumar]

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…ve PF/ESI Acts, however insofar as the Income Tax Act is concerned, the assessee can get the benefit of deduction if the actual payment is made before the return is filed as per the principle laid down by the Hon’ble Supreme Court in Vinay Cements reported in 213 CTR 268 (SC). Therefore, according to Ld. A.R., since the later judgment of the Division Bench of Hon’ble Delhi High Court in Bharat Hotels Ltd.(supra) did not consider the Co-ordinate Bench decision as the case of CIT vs. Aimil Ltd. (supra) it cannot be a stare-decise. And moreover it is settled position of law that when there is conflict between two de…