Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2015 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (7) TMI 573 - HC - Income TaxDisallowance of depreciation - Absolute stay on the recovery proceedings - Held that:- Keeping in mind the ratio of case of Commissioner of Income Tax v. Rao Bahadur Calawala Cunnan Chetty Charities [1979 (8) TMI 17 - MADRAS High Court] read with the aforesaid circular of the Central Board of Direct Taxes in F.No.404/10/2009-ITC dated 1.12.2009 affirming Instruction No.1914 dated 2.12.1993, is of the considered view that when the issue whether the assessee is entitled to the depreciation claim for the assessment year 2009-10 has been decided by this Court, as have already held by order in M/s Kalapet Primary Agricultural Credit Cooperative Society, Pondicherry v. The Income Tax Officer (2015 (7) TMI 556 - MADRAS HIGH COURT) that all authorities, civil, criminal and judicial, coming within the territory of the High Court, shall act in the aid of the High Court, hence, the assessing officer is bound by the order passed by the jurisdictional High Court without taking any stand that the High Courts of other States are taking a different view, thus no other option except to set aside the impugned order, for the simple reason that the appeal is pending for consideration. Accordingly, the impugned order is set aside. It is open to the second respondent-Commissioner of Income Tax (Appeals)-17, Chennai, the appellate authority to expedite the hearing of the pending appeal and dispose of the same on merits and in accordance with law at the earliest possible time.
|