Union of India and Others v. Kamlakshi Finance Corporation Ltd.

55 ELT 433Supreme Court of India1991#1967 most cited

What is Union of India and Others v. Kamlakshi Finance Corporation Ltd. authority for?

A lower authority is bound to follow an order of a superior judicial authority, even if the order is not acceptable to the department and is subject to an appeal. The mere fact that an order is not accepted by the Department and is under appeal does not furnish grounds for not following it.

58

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2016 to 2026.

Also referred to as

Union of India vs. Kamlakshi Finance Corporation Ltd. · 55 ELT 433 · binding effect of orders · appellate authority · departmental appeal · following superior court judgments · section 147 · section 148 · section 153A

Sections most often in play

Section 148Section 147Section 144BSection 153ASection 153DSection 143(3)Section 144ASection 151A

Issues it is cited on

section 41(1)(a)section 274(2)section 153(a)section 135asection 148bsection 94casus omissusviolation of natural justicesection 271aaasection 38section 132(4a)faceless assessment scheme

Judgments citing Union of India and Others v. Kamlakshi Finance Corporation Ltd.

Ramji Vaish, Allahabad vs. DCIT(C.C.), Allahabad

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 101/ALLD/2023[2008-09]Status: DisposedITAT Allahabad31 Oct 2025AY 2008-09

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…5 & 6/ALLD/2020 Vijay Stone Product set aside by the Hon’ble Supreme Court and for this proposition the ld. ARs placed reliance on the judgment of the Hon’ble Supreme Court in the case of Union of India and Others vs Kamlakshi Finance Corporation Ltd. (1991) 55 ELT 433 (SC), wherein the Hon’ble Apex Court had held that even if the order of a superior court was not acceptable, the lower authority was still bound to follow the orders of the superior judicial authority. It was submitted that the approval dated 26.03.2013 granted by the JCIT under section 153D was without application of mind and now the DRs, with a…

Asstt. Commissioner of Income Tax, Central Circle, Allahabad vs. Vijay Stone Product, Sonebhadra

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 65/ALLD/2019[2011-12]Status: DisposedITAT Allahabad31 Oct 2025AY 2011-12

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…5 & 6/ALLD/2020 Vijay Stone Product set aside by the Hon’ble Supreme Court and for this proposition the ld. ARs placed reliance on the judgment of the Hon’ble Supreme Court in the case of Union of India and Others vs Kamlakshi Finance Corporation Ltd. (1991) 55 ELT 433 (SC), wherein the Hon’ble Apex Court had held that even if the order of a superior court was not acceptable, the lower authority was still bound to follow the orders of the superior judicial authority. It was submitted that the approval dated 26.03.2013 granted by the JCIT under section 153D was without application of mind and now the DRs, with a…

Asstt. Commissioner of Income Tax Central Circle, Allahabad vs. Vijay Stone Products, Sonebhadra

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 64/ALLD/2019[2010-11]Status: DisposedITAT Allahabad31 Oct 2025AY 2010-11

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…5 & 6/ALLD/2020 Vijay Stone Product set aside by the Hon’ble Supreme Court and for this proposition the ld. ARs placed reliance on the judgment of the Hon’ble Supreme Court in the case of Union of India and Others vs Kamlakshi Finance Corporation Ltd. (1991) 55 ELT 433 (SC), wherein the Hon’ble Apex Court had held that even if the order of a superior court was not acceptable, the lower authority was still bound to follow the orders of the superior judicial authority. It was submitted that the approval dated 26.03.2013 granted by the JCIT under section 153D was without application of mind and now the DRs, with a…

Vijay Stone Product, Sonebhadra vs. Asstt. Commissioner of Income Tax, Central Circle, Allahabad

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 33/ALLD/2019[2011-12]Status: DisposedITAT Allahabad31 Oct 2025AY 2011-12

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…5 & 6/ALLD/2020 Vijay Stone Product set aside by the Hon’ble Supreme Court and for this proposition the ld. ARs placed reliance on the judgment of the Hon’ble Supreme Court in the case of Union of India and Others vs Kamlakshi Finance Corporation Ltd. (1991) 55 ELT 433 (SC), wherein the Hon’ble Apex Court had held that even if the order of a superior court was not acceptable, the lower authority was still bound to follow the orders of the superior judicial authority. It was submitted that the approval dated 26.03.2013 granted by the JCIT under section 153D was without application of mind and now the DRs, with a…

Vijay Stone Product, Sonebhadra vs. Asstt. Commissioner of Income Tax, Central Circle, Allahabad

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 32/ALLD/2019[2010-11]Status: DisposedITAT Allahabad31 Oct 2025AY 2010-11

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…5 & 6/ALLD/2020 Vijay Stone Product set aside by the Hon’ble Supreme Court and for this proposition the ld. ARs placed reliance on the judgment of the Hon’ble Supreme Court in the case of Union of India and Others vs Kamlakshi Finance Corporation Ltd. (1991) 55 ELT 433 (SC), wherein the Hon’ble Apex Court had held that even if the order of a superior court was not acceptable, the lower authority was still bound to follow the orders of the superior judicial authority. It was submitted that the approval dated 26.03.2013 granted by the JCIT under section 153D was without application of mind and now the DRs, with a…

Vijay Stone Product, Sonebhadra vs. Asstt. Commissioner of Income Tax, Central Circle, Allahabad

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 31/ALLD/2019[2009-10]Status: DisposedITAT Allahabad31 Oct 2025AY 2009-10

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…5 & 6/ALLD/2020 Vijay Stone Product set aside by the Hon’ble Supreme Court and for this proposition the ld. ARs placed reliance on the judgment of the Hon’ble Supreme Court in the case of Union of India and Others vs Kamlakshi Finance Corporation Ltd. (1991) 55 ELT 433 (SC), wherein the Hon’ble Apex Court had held that even if the order of a superior court was not acceptable, the lower authority was still bound to follow the orders of the superior judicial authority. It was submitted that the approval dated 26.03.2013 granted by the JCIT under section 153D was without application of mind and now the DRs, with a…

Vijay Stone Product, Sonebhadra vs. Asstt. Commissioner of Income Tax, Central Circle, Allahabad

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 30/ALLD/2019[2007-08]Status: DisposedITAT Allahabad31 Oct 2025AY 2007-08

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…5 & 6/ALLD/2020 Vijay Stone Product set aside by the Hon’ble Supreme Court and for this proposition the ld. ARs placed reliance on the judgment of the Hon’ble Supreme Court in the case of Union of India and Others vs Kamlakshi Finance Corporation Ltd. (1991) 55 ELT 433 (SC), wherein the Hon’ble Apex Court had held that even if the order of a superior court was not acceptable, the lower authority was still bound to follow the orders of the superior judicial authority. It was submitted that the approval dated 26.03.2013 granted by the JCIT under section 153D was without application of mind and now the DRs, with a…

M/S Jai Maa Sharda Service Station, Allahabad vs. ACIT, Central Circle, Allahabad

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 25/ALLD/2019[2011-12]Status: DisposedITAT Allahabad31 Oct 2025AY 2011-12

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…5 & 6/ALLD/2020 Vijay Stone Product set aside by the Hon’ble Supreme Court and for this proposition the ld. ARs placed reliance on the judgment of the Hon’ble Supreme Court in the case of Union of India and Others vs Kamlakshi Finance Corporation Ltd. (1991) 55 ELT 433 (SC), wherein the Hon’ble Apex Court had held that even if the order of a superior court was not acceptable, the lower authority was still bound to follow the orders of the superior judicial authority. It was submitted that the approval dated 26.03.2013 granted by the JCIT under section 153D was without application of mind and now the DRs, with a…

M/S Jai Maa Sharda Service Station, Allahabad vs. ACIT, Central Circle, Allahabad

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 24/ALLD/2019[2010-11]Status: DisposedITAT Allahabad31 Oct 2025AY 2010-11

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…5 & 6/ALLD/2020 Vijay Stone Product set aside by the Hon’ble Supreme Court and for this proposition the ld. ARs placed reliance on the judgment of the Hon’ble Supreme Court in the case of Union of India and Others vs Kamlakshi Finance Corporation Ltd. (1991) 55 ELT 433 (SC), wherein the Hon’ble Apex Court had held that even if the order of a superior court was not acceptable, the lower authority was still bound to follow the orders of the superior judicial authority. It was submitted that the approval dated 26.03.2013 granted by the JCIT under section 153D was without application of mind and now the DRs, with a…

M/S Subhash Stone Product Private Limited, Sonebhadra vs. Asstt. Commissioner of Income Tax Central Circle, Allahabad

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 108/ALLD/2019[2010-11]Status: DisposedITAT Allahabad31 Oct 2025AY 2010-11

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…5 & 6/ALLD/2020 Vijay Stone Product set aside by the Hon’ble Supreme Court and for this proposition the ld. ARs placed reliance on the judgment of the Hon’ble Supreme Court in the case of Union of India and Others vs Kamlakshi Finance Corporation Ltd. (1991) 55 ELT 433 (SC), wherein the Hon’ble Apex Court had held that even if the order of a superior court was not acceptable, the lower authority was still bound to follow the orders of the superior judicial authority. It was submitted that the approval dated 26.03.2013 granted by the JCIT under section 153D was without application of mind and now the DRs, with a…

Subhash Stone Product (P) Ltd., Sonebhadra vs. Asstt. Commissioner of Income Tax Central Circle, Allahabad

In the result, all the appeals filed by the assessees are held to be partly allowed as above, while the Departmental appeals in the matter of Vijay Stone

ITA 107/ALLD/2019[2008-09]Status: DisposedITAT Allahabad31 Oct 2025AY 2008-09

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Sh. Praveen Godbole, C.A. & Sh. SuyashFor Respondent: Sh. Amalendu Nath Mishra, CIT DR & Sh
Section 132(1)Section 153Section 153ASection 153DSection 250

…5 & 6/ALLD/2020 Vijay Stone Product set aside by the Hon’ble Supreme Court and for this proposition the ld. ARs placed reliance on the judgment of the Hon’ble Supreme Court in the case of Union of India and Others vs Kamlakshi Finance Corporation Ltd. (1991) 55 ELT 433 (SC), wherein the Hon’ble Apex Court had held that even if the order of a superior court was not acceptable, the lower authority was still bound to follow the orders of the superior judicial authority. It was submitted that the approval dated 26.03.2013 granted by the JCIT under section 153D was without application of mind and now the DRs, with a…

Mr. Vasamsetty Veera Venkata Satyanarayana vs. The Principal Commissioner of Income Tax -1

The appeal is allowed and the order passed

ITTA/14/2025HC Telangana19 Mar 2025

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

Section 130Section 154Section 27Section 27(2)

…Others Versus The Commissioner of Customs (Port), Customs House and Others 18 wherein it was held that the duty which was paid under mistake was legally not payable, which could not be 14 (1991) 55 ELT 433 (SC) 15 (2014) 14 Taxmann.com 1 (SC) 16 (2022) 60 GSTL 3 (SC) 17 (1987) 32 ELT 388 (Kol) 18 (2015) 318 ELT 379 (Kol) CUSTA NO. 14 OF 2025 REPORTABLE Page 19 of 50 retained by the revenue and the same cannot be considered to be “duty” and thus the limitation prescribed in Section 27 of the Act/Section 11B of the Central Excise…

Cae Simulation Training P.Ltd, New Delhi vs. DCIT, Circle-4(2), New Delhi

In the result, the appeal of the assessee is allowed for statistical purposes subject to the direction contained in para 9 above

ITA 2573/DEL/2022[2017-18]Status: DisposedITAT Delhi18 Sept 2023AY 2017-18

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandraasstt. Year: 2017-18

For Appellant: S/Sh. Rohit Jain, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 143(3)Section 195Section 250Section 40Section 9Section 9(1)(vi)

…ipline require that the orders of the higher appellate authorities should be followed unreservedly by the subordinate authorities (refer Union of India and others vs. Kamlakshi Finance Corporation Limited: AIR 1992 SC 711/1992 Supp (1) Supreme Court Cases 443/55 ELT 433)” 12.2 The Ld. AR then drew our attention to the agreement dated 19.04.2016 entered by the assessee with Symbiotics Ltd. UK in respect of the services rendered by Symbiotics Ltd. UK to the assessee and referred to relevant clauses of the agreement dealing with scope of work/services, deliverables and ownership of software and data contained there…

Everest Industries Ltd., Noida vs. Dy CIT Circle- 1, Thane

In the result, appeals of the Revenue as well appeals of the In the result, appeals of the Revenue as well appeals of the In the result, appeals of the Revenue as well appeals of the assessee are a...

ITA 720/MUM/2020[2016-17]Status: DisposedITAT Mumbai30 Jun 2023AY 2016-17

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant ()

For Appellant: Mr. Yogesh Thar/For Respondent: Mr. Biswanath Das, CIT-DR/

…that the Hon’ ble Supreme Court in the relevant to state that the Hon’ ble Supreme Court in the case of Union of India vs., Kamlakshi Finance case of Union of India vs., Kamlakshi Finance case of Union of India vs., Kamlakshi Finance Corporation Ltd., [1991] 55 ELT 433 (SC) has held that ‘ Corporation Ltd., [1991] 55 ELT 433 (SC) has held that ‘ Corporation Ltd., [1991] 55 ELT 433 (SC) has held that ‘ mere fact that the order of t mere fact that the order of the appellate authority is not he appellate authority is not “acceptable” to the Department and is the subject “acceptable” to the Department and is the sub…

Everest Industries Ltd., Noida vs. Dy CIT Circle- 1, Thane

In the result, appeals of the Revenue as well appeals of the In the result, appeals of the Revenue as well appeals of the In the result, appeals of the Revenue as well appeals of the assessee are a...

ITA 719/MUM/2020[2015-16]Status: DisposedITAT Mumbai30 Jun 2023AY 2015-16

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant ()

For Appellant: Mr. Yogesh Thar/For Respondent: Mr. Biswanath Das, CIT-DR/

…that the Hon’ ble Supreme Court in the relevant to state that the Hon’ ble Supreme Court in the case of Union of India vs., Kamlakshi Finance case of Union of India vs., Kamlakshi Finance case of Union of India vs., Kamlakshi Finance Corporation Ltd., [1991] 55 ELT 433 (SC) has held that ‘ Corporation Ltd., [1991] 55 ELT 433 (SC) has held that ‘ Corporation Ltd., [1991] 55 ELT 433 (SC) has held that ‘ mere fact that the order of t mere fact that the order of the appellate authority is not he appellate authority is not “acceptable” to the Department and is the subject “acceptable” to the Department and is the sub…

DCIT Circle-1, Thane vs. M/S Everest Industries Ltd., Delhi

In the result, appeals of the Revenue as well appeals of the In the result, appeals of the Revenue as well appeals of the In the result, appeals of the Revenue as well appeals of the assessee are a...

ITA 652/MUM/2020[2014-15]Status: DisposedITAT Mumbai30 Jun 2023AY 2014-15

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant ()

For Appellant: Mr. Yogesh Thar/For Respondent: Mr. Biswanath Das, CIT-DR/

…that the Hon’ ble Supreme Court in the relevant to state that the Hon’ ble Supreme Court in the case of Union of India vs., Kamlakshi Finance case of Union of India vs., Kamlakshi Finance case of Union of India vs., Kamlakshi Finance Corporation Ltd., [1991] 55 ELT 433 (SC) has held that ‘ Corporation Ltd., [1991] 55 ELT 433 (SC) has held that ‘ Corporation Ltd., [1991] 55 ELT 433 (SC) has held that ‘ mere fact that the order of t mere fact that the order of the appellate authority is not he appellate authority is not “acceptable” to the Department and is the subject “acceptable” to the Department and is the sub…

DCIT, Circle-1, Thane vs. Everest Industries Ltd., Mumbai

In the result, appeals of the Revenue as well appeals of the In the result, appeals of the Revenue as well appeals of the In the result, appeals of the Revenue as well appeals of the assessee are a...

ITA 1424/MUM/2020[2015-16]Status: DisposedITAT Mumbai30 Jun 2023AY 2015-16

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant ()

For Appellant: Mr. Yogesh Thar/For Respondent: Mr. Biswanath Das, CIT-DR/

…that the Hon’ ble Supreme Court in the relevant to state that the Hon’ ble Supreme Court in the case of Union of India vs., Kamlakshi Finance case of Union of India vs., Kamlakshi Finance case of Union of India vs., Kamlakshi Finance Corporation Ltd., [1991] 55 ELT 433 (SC) has held that ‘ Corporation Ltd., [1991] 55 ELT 433 (SC) has held that ‘ Corporation Ltd., [1991] 55 ELT 433 (SC) has held that ‘ mere fact that the order of t mere fact that the order of the appellate authority is not he appellate authority is not “acceptable” to the Department and is the subject “acceptable” to the Department and is the sub…

Asstt. Comm. of Income Tax 6(1)(1), Mumbai vs. M/S Century Textiles & Industries Ltd, Mumbai

In the result, the appeal filed by the revenue is dismissed

ITA 2647/MUM/2022[2012-13]Status: DisposedITAT Mumbai27 Mar 2023AY 2012-13

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadaleacit, 6(1)(1) Vs. M/S Century Textiles Room No. 502, 5Th & Industrials Ltd Floor, Aayakar Bhavan, 2Nd Floor, Century Mk Road, Bhavan, Dr. Annie Mumbai-400020. Beasant Road, Worli, Mumbai – 400030. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacc2659Q Appellant .. Respondent Appellant By : Mr.Jogendra Singh.Dr Respondent By : Mr. Chaitanya D. Joshi.Ar Date Of Hearing 31.01.2023 Date Of Pronouncement 24.02.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi / Cit(A), Passed U/S 250 Of The Act.

For Appellant: Mr.Jogendra Singh.DRFor Respondent: Mr. Chaitanya D. Joshi.AR
Section 10(34)Section 10(35)Section 115JSection 143(1)Section 143(2)Section 14ASection 250Section 80I

…t a decision of the jurisdictional bench of the Tribunal is binding on the tax authorities functioning within the relevant jurisdiction. For this proposition reliance is placed on the following decisions: Union of India vs. Kamlakshi Finance Corporation Ltd. (55 ELT 433)(SC) Commissioner Of Income Tax Vs Thana Electricity Supply Ltd (206 ITR 727 Bom); Bank Of Baroda Vs H. C. Shrivastava (122 Taxman 330) (Bom); Eagle Flask Industries Ltd Vs Deputy Commissioner Of Income Tax (72 ITD 455) (Pune), and Smt Padma Charry Vs Income Tax Officer (59 ITD 350) Bom,) In view of the above, we most humbly submit that the comput…

DCIT Circle-1, Thane vs. M/S Everest Industries Ltd., Delhi

ITA 655/MUM/2020[2011-12]Status: DisposedITAT Mumbai20 Jan 2023AY 2011-12

Bench: Shri Kuldip Singh & Shri S. Rifaur Rahmanassessment Year: 2011-12

For Appellant: Shri Yogesh Thar, A.R. &For Respondent: Shri Sanjeev Kashyap, D.R
Section 43(1)

…est Industries Ltd. an appeal before the Hon’ble High Court of Bombay which is pending for adjudication. In this connection, it is relevant to state that the Hon’ ble Supreme Court in the case of Union of India vs., Kamlakshi Finance Corporation Ltd., [1991] 55 ELT 433 (SC) has held that ‘ mere fact that the order of the appellate authority is not “acceptable” to the Department and is the subject matter of an appeal can furnish no ground for not following it unless its operation has been suspended by a competent court. We find that since the order of the Special Bench of the Tribunal is still holds the field and…

DCIT, Circle - 1, Thane vs. Everest Industries Ltd., Mumbai

In the result, both the appeal

ITA 1429/MUM/2020[2010-11]Status: DisposedITAT Mumbai20 Jan 2023AY 2010-11

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2008-09 & Assessment Year: 2010-11 Dcit, Circle-1, Thane, M/S Everest Industries Room No. 22, B-Wing, 6Th Floor, Limited, Ashar It Park, Wagle Industrial Vs. G-1, A-32, Genesis Mohan Estate, Coop. Industries, Mathura Thane(W)-400604. Road, New Delhi-110044. Pan No. Aaace 7550 N Appellant Respondent Assessee By : Mr. Yogesh Thar/Shri Chaitanya Joshi, Ar : Revenue By Ms. Richa Gulati, Dr & Mr. Ashok Singh, Cit-Dr : Date Of Hearing 18/01/2023 : Date Of Pronouncement 20/01/2023

For Appellant: Mr. Yogesh Thar/Shri Chaitanya

…ant to state that the Hon’ ble Supreme e Hon’ ble Supreme Court in the case of Union of India vs., Kamlakshi Finance Court in the case of Union of India vs., Kamlakshi Finance Court in the case of Union of India vs., Kamlakshi Finance Corporation Ltd., [1991] 55 ELT 433 (SC) has held that ‘ mere Corporation Ltd., [1991] 55 ELT 433 (SC) has held that ‘ mere Corporation Ltd., [1991] 55 ELT 433 (SC) has held that ‘ mere fact that the order of the appellate authority is not fact that the order of the appellate authority is not fact that the order of the appellate authority is not M/s Everest Industries Limited M/s E…