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2014 (8) TMI 954 - AT - Income TaxDisallowance of deduction under section 80-IB(4)- Held that:- issue has already been settled and decided in favour of the assessee up to the level of the Tribunal [2007 (11) TMI 441 - ITAT MUMBAI ] in the previous assessment years. Merely because the Department has preferred an appeal before the hon'ble High Court, that itself, cannot be a ground for raising the same dispute again in subsequent years. The hon'ble Bombay High Court in the case of CIT v. Kisan Ratilal Choksey Share and Securities Pvt. Ltd. in [2014 (5) TMI 282 - BOMBAY HIGH COURT] has strongly discouraged the attitude of the Department for filing appeals on the issues which have already been settled and decided in the appeals pertaining to prior assessment years in the case of the very assessee. The hon'ble Supreme Court in the case of Union of India v. Kamalakshi Finance Corporation [1991 (9) TMI 72 - SUPREME COURT OF INDIA], has categorically held that the principles of judicial discipline require that the orders of the higher appellate authorities should be followed unreservedly by the subordinate authorities. The hon'ble Supreme Court has further held that the mere fact that the order of the appellate authority is not "acceptable" to the Department-in itself is an objectionable phrase-and is not a ground for not following the same unless its operation has been suspended by a competent court. - No merit in appeal - Decided against Revenue.
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