Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2011 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (8) TMI 657 - AT - Income TaxConstitution of Special Bench of the Tribunal- Assessee requested for reference to Special Bench when Division Bench was not in agreement with the earlier decision of the co-ordinate bench in the case cited by assessee- Division bench also recommended for constitution of Special Bench -Subsequent plea of the Assessee to withdraw reference to the Special Bench as the High Court has admitted identical question of law in the said case – Held that:- Once a case has been decided by an earlier Bench, the subsequent Bench should respect such decision and should not endeavor to make departure there from unless the facts are different or the legal position appreciated by the earlier Bench has undergone change because of some statutory amendment or enunciation of law by the Hon'ble Supreme Court or the Hon'ble jurisdictional High Court. Consistency in the approach of the tribunal in the sense of following the earlier view is a rule but doubting its correctness is an exception.Constitution of special bench by the tribunal to resolve a possible conflict in the views amongst various benches of the tribunal and not waiting till the matter is finally decided by the High court eases the situation. The mere fact that a superior authority is seized of an issue identical to the one before the lower authority, there cannot be any impediment on the powers of the lower authority in disposing off the matters involving such issue as per prevailing law. Decided against the Assessee.
|