TMI Blog2015 (2) TMI 950X X X X Extracts X X X X X X X X Extracts X X X X ..... y Appeal against the earlier order, the Revenue should not challenge the subsequent order on the same issue. In case an appeal is preferred from the subsequent order, then the Memo of appeal must indicate the reasons as to why an appeal is being preferred in later case when no appeal was preferred from the earlier order of the Tribunal which has merely been followed in the later case. In any case, the Officer concerned must atleast file an Affidavit before the matter comes up for admission, pointing out distinguishing features in the present case from the earlier case, warranting a different view in case the appeal is being pressed. The absence of this being indicative of nonapplication of mind, does undoubtedly give an opportunity to the R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of Union Bank of India v/s. ACIT [(2011) 16 Taxmann.com 304 ITAT (Mum)], ignoring the decision pf the Kerala High Court in the case of Federal Bank Ltd. v/s. ACIT (198 Taxmann 491) in which it is held that financial corporation are separate and distinct entities different from scheduled banks which are covered by the provisions of Banking Regulation Act? (2) Whether on the facts and in the circumstances of the case and in law, the ITAT was correct in allowing the deduction u/s. 36(1)(viii) of the I. T. Act, for the A. Y. 2006-07, ignoring the decision of the Kerala High Court in the case of Federal Bank Ltd. v/s. ACIT, (198 Taxman 491) in which it is held that the provisions of Section 36(1)(viii) did not extend the benefits of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ferring any Appeal against the earlier order, the Revenue should not challenge the subsequent order on the same issue. In case an appeal is preferred from the subsequent order, then the Memo of appeal must indicate the reasons as to why an appeal is being preferred in later case when no appeal was preferred from the earlier order of the Tribunal which has merely been followed in the later case. In any case, the Officer concerned must atleast file an Affidavit before the matter comes up for admission, pointing out distinguishing features in the present case from the earlier case, warranting a different view in case the appeal is being pressed. The absence of this being indicative of nonapplication of mind, does undoubtedly give an opportunit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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