ITO v. Dilip Shirodkar

DCIT CIRCLE-5(1), KOLKATA vs. S K SARAWAGI AND COMPANY PVT LTD, KOLKATA

Accordingly, the revenue succeeds partially\non this issue.\n\n7.\nConsidering the discussion above, the Revenue's appeals are partly\nallowed

…man 188, Siemens India Ltd.\nvs. K. Subramanian, ITO [1983] 143 ITR 120/13 Taxman 146 and R. Parthasarathy, Asstt.\nCollector of Central Excise vs. Dipsi Chemicals (P.) Ltd. [1988] 173 ITR 497 (Bom.).\n\nThe ITAT, Panaji Bench in ITO v. Dilip Shirodkar [2004] 2 SOT 947, also expressed the view\nthat once a higher authority than the Tribunal has expressed a view, the Tribunal has to\nrespectfully follow the same even though that decision may be of a non-jurisdictional High\nCourt, it observed as under: \".\n\n. In the hierarchical judicial system that we have, better wisdom of the Court below has to\nyield to high…

DCIT, CIRCLE-5(1), KOLKATA vs. S K SARAWAGI AND COMPANY PRIVATE LIMITED, KOLKATA

Appeals are partly allowed

Bench: The O/O Pcit-2, Kolkata 23.01.2024 Certificate Of Filing 2Nd Appeal Was Received From The O/O Pr. Cit-2, Kolkata 24.01.2024 Necessary Hardcopies Of Documents/ Paper/ Details Required For Filing 2Nd Appeal Before The Hon’Ble Itat, Kolkata Were Collected & Prepared. 25.01.2024 2Nd Appeal Was Filed

…Taxman 188, Siemens India Ltd. vs. K. Subramanian, ITO [1983] 143 ITR 120/13 Taxman 146 and R. Parthasarathy, Asstt. Collector of Central Excise vs. Dipsi Chemicals (P.) Ltd. [1988] 173 ITR 497 (Bom.). The ITAT, Panaji Bench in ITO v. Dilip Shirodkar [2004] 2 SOT 947, also expressed the view that once a higher authority than the Tribunal has expressed a view, the Tribunal has to respectfully follow the same even though that decision may be of a non-jurisdictional High Court, it observed as under: ". . . In the hierarchical judicial system that we have, better wisdom of the Court below has to yield to higher wis…

DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA vs. M/S. GRAPHITE INDIA LTD., KOLKATA

In the result, considering the discussions made above, the appeal filed by the Revenue is partly allowed and the cross objection filed by the assessee are dismissed

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

…8 Taxman 188, Siemens India Ltd. vs. K. Subramanian, ITO [1983] 143 ITR 120/13 Taxman 146 and R. Parthasarathy, Asstt. Collector of Central Excise vs. Dipsi Chemicals (P.) Ltd. [1988] 173 ITR 497 (Bom.). The ITAT, Panaji Bench in ITO v. Dilip Shirodkar [2004] 2 SOT 947, also expressed the view that once a higher authority than the Tribunal has expressed a view, the Tribunal has to respectfully follow the same even though that decision may be of a non-jurisdictional High Court, it observed as under: ". . . In the hierarchical judicial system that we have, better wisdom of the Court below has to yield to higher wis…