M/S.Kerala State Warehousing Corpn, Ernakulam vs. The ACIT, Kochi
In the result, the appeal filed by the assessee is partly allowed for statistical purposes
ITA 389/COCH/2020[2015-16]Status: DisposedITAT Cochin01 Aug 2022AY 2015-16
Bench: Shri George George K. & Shri Laxmi Prasad Sahum/S. Kerala State Warehousing Vs Acit, Corporate Circle 1(2) Corporation Is Press Road Kochi 682018 Pb No. 1727, Warehousing Corporation Road Ernakulam 682016 Pan – Aabck1583G (Appellant) (Respondent) Assessee By: Shri K. Gopi, Ca Revenue By: Shri Shantam Bose, Cit Dr
For Appellant: Shri K. Gopi, CAFor Respondent: Shri Shantam Bose, CIT DR
Section 143Section 143(3)Section 263Section 42
…t is pari materia would not be binding if such later decision is not decided by a larger full bench as against the earlier decision decided by a division bench. In its earlier decision in the case of Siddharam Satlingappa Mhetre Vs State of Maharashtra (2011) 1 SCC 694 (SC), the Hon Supreme court cited various judicial precedents in explaining the concept of 'per incurium' which operates on the principle and premise that when a court bench of lower strength ignores the 5 M/s. Kerala State Warehousing Corporation decision of a bench of higher strength then the decision of the bench of lower strength can be discard…