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2013 (12) TMI 1443

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..... ng conclusions, the Tribunal proceeded to abdicate its powers on an erroneous premise that it has no jurisdiction to opine whether an order passed by this court is no longer good law in view of the subsequent judgments of the honourable Supreme Court. The Tribunal was apparently unaware that law laid down by the honourable Supreme Court cannot be ignored merely because a Division Bench of a High C .....

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..... SOON DR., JJ. For the Appellant Sandeep Goyal. For the Respondents : Ms. Mamta Singal Talwar, Additional Advocate-General, Haryana, JUDGMENT :- The judgment of the court was delivered by RAJIVE BHALLA J.- The appellant is before us challenging order dated January 9, 2012, passed by the Haryana Tax Tribunal (hereinafter referred to as the Tribunal ) at Chandigarh, by a five .....

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..... urther submits that this argument was raised before the Tribunal but has been answered by holding that the Tribunal is not competent to go into the question whether judgment of the High Court continues to hold the field and it is for the High Court to decide this matter. The counsel for the State of Haryana submits that as the appellant did not maintain average production for the next five year .....

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..... it has no jurisdiction to opine whether an order passed by this court is no longer good law in view of the subsequent judgments of the honourable Supreme Court. The Tribunal was apparently unaware that law laid down by the honourable Supreme Court cannot be ignored merely because a Division Bench of a High Court may or may not have taken a contrary view. The Supreme Court of India sits at the pin .....

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