TMI Blog2013 (8) TMI 668X X X X Extracts X X X X X X X X Extracts X X X X ..... ly means that if there is no exiting tax liability at the time of seizure of the cash, the seized amount should be adjusted towards payment of advance tax in terms of judgments cited by the assessee, noted above. When once the Tribunal decides an issue in one way, the only course available to the Assessing Officer is to follow the order of the Tribunal in true spirits, and it is not permissible for the Assessing Officer to take a different view, or to sit in judgment over the order of the Tribunal by interpreting the same in the manner he wanted - while there is no warrant for rectification of the order of the Tribunal, in the absence of any specific mistake therein, and the grievance if any to the assessee, arises out of the consequenti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing both the parties, we are of the opinion that the siezed amount has to be adjusted in terms of section 132B of the Act. However, after adjusting existing liabilities, if any amount remains, the same has to be adjusted towards outstanding tax relating to the assessment completed u/s. 153A of the Act. Accordingly, we direct the Assessing Officer to recalculate the interest u/s. 234A and 234B of the Act. ....." According to the learned Authorised Representative, the Assessing Officer however, has not followed the direction of the Tribunal and levied interest under S234A and 234B of the Act, without giving credit to the seized cash. According to him, there is a mistake apparent from record and appropriate direction be given to the Assessin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her authority without mandate of law, it would create chaos in the administration of law and hierarchy of administration would mean nothing. Judgment of a Higher forum cannot be substituted by the decisions of the lower authorities. Judicial discipline requires that there cannot be any amount of disregard to the superior authority in the hierarchy by the Assessing Officer. When once the Tribunal decides an issue in one way, the only course available to the Assessing Officer is to follow the order of the Tribunal in true spirits, and it is not permissible for the Assessing Officer to take a different view, or to sit in judgment over the order of the Tribunal by interpreting the same in the manner he wanted. Thus, the Assessing Officer is dut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 156 ITR 11. The question that arose for consideration in this case is whether the Income-tax Officer is bound by the decision of a single Judge or a Division Bench of the Court within whose jurisdiction he is operating even if an appeal has been preferred against such decision and is pending. The following observations of the Bombay High Court may be extracted : "So far as the legal position is concerned, the ITO would be bound by a decision of the Supreme Court as also by a decision of the High Court of the State within whose jurisdiction he is (functioning), irrespective of the pendency of any appeal or special leave application against that judgment. He would equally be bound by a decision of another High Court on the point, because no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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