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2015 (2) TMI 536 - AT - Income TaxDisallowance u/s 14A in respect of exempt income - CIT(A) deleted the addition also confirmed by ITAT - Held that:- A perusal of stated bundle of facts relating to this case reveals that the issue relating to disallowance u/s 14A of the Income Tax Act has already been settled with the decision of this Tribunal vide order dated 8.12.2010. The Deptt. did not raise this issue in its appeal before the Hon’ble High Court. This issue thus has become final. When an issue is finally settled by the Higher/appellate authority judicial authorities and the findings have become final, the Assessing Officer (hereinafter referred to as the AO) has to mandatorily give effect to the order of the appellate authority by the decision of which, the issue has been finally settled. The refusal or failure to comply the order of the higher/appellate authority by the lower authority amounts to contempt of court which may invite penal action under the Contempt of courts Act as well under the other relevant provisions of Code of Criminal Procedure. Apart from which such a conduct shows the unwillingness of the lower rank officer to comply the directions of his superiors which may invite departmental action. - Decided against revenue.
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