TMI Blog2007 (7) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... ct Taxes issued and the judgments of this court the appeal as filed is not maintainable and ought to be dismissed. On the other hand, on behalf of the Appellants, their learned counsel submits that on merits the issue is squarely covered in favour of the revenue by the judgment of the Supreme Court in Britannia Industries Ltd. v. Commissioner of Income Tax, [2005] 278 ITR 546 (SC). The Apex Court by the said judgment has held that the expenses for maintenance of guest house are not subject to exemption or disallowed under section 37(4) of the Income Tax Act. It has also been pointed out that the circular itself provides that when the issue is recurring, an appeal can be preferred. On behalf of the Respondents, their learned coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r dated July 21, 2005 in Desa Hospital (ENT Section) v. CIT, in Income Tax Reference No. 100 of 1998 as also to the order dated October 4, 2005 in the case of CIT v. Advani Oerlikon in Income Tax Reference No. 181 of 1998. Our attention is also invited to the Judgment of the Punjab High Court in the case of CIT v. Abhishek Industries Ltd. [2006] 286 ITR 1 to contend that the appeal by revenue in cases covered by the judgment of the High Court and Supreme Court will still be maintainable irrespective of the circular. It is also pointed out that the Judgment of this court had been considered by the learned Bench of the Punjab and Haryana High Court. 3. A Judgment of a Coordinate Bench of this court would be binding on us u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill be binding on this court and all tribunals and authorities. The law decided by this court will also be biding on the tribunals and authorities within its jurisdiction. The supervisory jurisdiction of this court is always available to correct errors of law apparent on the face of the record. The mere fact that there is a circular, would not stand in a way of this court exercising its supervisory jurisdiction. That what is being held is an appeal will make no difference. In our opinion, para 3 of the circular dated October 24, 2005 June 24, 2005 supports the view that we have taken. 7. In the light of that in our opinion, the circulars and the judgments which have considered the said circular can be read as under : (1) In those cas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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