TMI Blog2013 (10) TMI 1424X X X X Extracts X X X X X X X X Extracts X X X X ..... O R D E R PER CHANDRA POOJARI, AM: This appeal by the Revenue is directed against the order of the CIT(A) dated 11.12.2012 for the A.Y. 2006-07. 2. The Revenue raised the ground that the CIT(A) has not appreciated the fact that the AO, after thorough verification of the issues, made the additions. 3. Facts of the care are that the assessee company is engaged in the business of manufacturing and sale of Indian made foreign liquor, bulk drugs and other lines of business. For the A.Y. 2006-07, the assessee company filed its return of income on 30.11.2006 admitting a total income of ₹ 95,25,685. Thereafter, the assessee filed revised return of income on 27.02.2008 admitting a loss of ₹ 2,87,70,415. Original a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e judgement of the Tribunal and, therefore, he should not have tried to distinguish the same on untenable grounds. It is also necessary for judicial unity and discipline that all the authorities below the Tribunal must accept a binding judgement of the Tribunal. A reference to this may be had to the judgement of Bombay High Court in the case of Bank of Baroda vs. H.C. Shrivastava (256 ITR 385) (Bom) and also to the judgement of Madhya Pradesh High Court, Indore Bench, in the case of Aggarwal Warehousing Leasing Ltd. vs. CIT (257 ITR 235). Thus, the learned CIT should not have committed any judicial impropriety in refusing to follow the order of the Tribunal. Even if he had any remote reservation about correctness of the decision of the Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asing its conclusion, the decision of the Tribunal is not liable to be interfered with, unless, of course, the conclusions arrived at by the Tribunal are perverse. It is not necessary for the Tribunal in its judgement specifically or any express words that it has taken into account the cumulative effect of the circumstances or has considered the totality of the facts of the case, as if it is a magic formula: if the judgement of the Tribunal shows that it has, in fact, done so, there is no reason to interfere with the decision of the Tribunal. The CIT is not justified in finding a hole in the order of the Tribunal so as to disallow the claim of the assessee towards Trade Scheme Expenditure. In our opinion, the comments of the CIT regarding t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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