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2020 (4) TMI 543 - AT - Income TaxFollowing orders of the higher appellate authorities to decide the issue - Issues decided relying on assessee's own case and identical issues were decided by the Tribunal in the case of ICICI Prudential’s case [2012 (11) TMI 13 - ITAT MUMBAI] - all grounds of appeal raised by the Revenue are covered in favour of the assessee - HELD THAT:- As decided in AGARWAL WAREHOUSING AND LEASING LTD. (NOW ADMANUM FINANCE LTD.) [2002 (7) TMI 86 - MADHYA PRADESH HIGH COURT] relying on KAMLAKSHI FINANCE CORPORATION case [1991 (9) TMI 72 - SUPREME COURT] principles of judicial discipline require that the orders of the higher appellate authorities should be followed unreservedly by the subordinate authorities. The mere fact that the order of the appellate authority is not ‘acceptable’ to the Department - in itself an objectionable phrase – 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. If this healthy rule is not followed, the result will only be undue harassment to assessee and chaos in administration of tax laws. Hon’ble Gujarat High Court in Sayaji Iron and Engineering Co. v. CIT [2001 (7) TMI 70 - GUJARAT HIGH COURT] reiterated that no Tribunal of fact has any right or jurisdiction to come to a conclusion entirely contrary to the one reached by another bench of the same Tribunal on the same facts, and if a bench of a Tribunal on identical facts is allowed to come to a conclusion directly opposed to the conclusion reached by another bench of the Tribunal on an earlier occasion, that will be destructive of the institutional integrity itself. We follow the decision of the Tribunal mentioned hereinbefore and dismiss all the grounds of appeal filed by the Revenue in its appeal.
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