TMI Blog2020 (2) TMI 1445X X X X Extracts X X X X X X X X Extracts X X X X ..... the decision of the Hon'ble Jurisdictional High Court will get precedence over the decision of the non Jurisdictional High Court on similar issue, hence, would be binding on all subordinate Courts and Tribunal within the territorial jurisdiction of the Jurisdictional High Court. After perusing the appeal order passed by the Tribunal and all other facts and materials available on record, we are of the view that while deciding the issue relating to allowability of prior period expenses, the Tribunal has not dealt with various propositions canvassed on behalf of the assessee, as well as, has not appreciated / taken note of the ratio laid down in various judicial precedents cited by the assessee. Thus, non consideration of various propos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... toria Mills Co. Ltd., 61 ITR 395 (All.). He submitted, the decision of a Jurisdictional High Court always gets precedence over the decision of a non Jurisdictional High Court and is binding upon all subordinate Courts and Tribunals within the territorial jurisdiction of the Jurisdictional High Court. Thus, he submitted, due to non following of the decision of the Jurisdictional High Court, there is a mistake apparent in the order of the Tribunal. Further, he submitted, the Tribunal while disposing off the appeal has failed to deal with the propositions canvassed by the assessee as well as the decision relied upon. Therefore, there is a mistake apparent on the face of record. Thus, he submitted, the order passed by the Tribunal with referenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reasoning that the said decision has been treated as overruled by the Hon ble Allahabad High Court in another decision. We fully agree with the submissions of leaned Sr. Counsel for the assessee that the decision of the Hon'ble Jurisdictional High Court will get precedence over the decision of the non Jurisdictional High Court on similar issue, hence, would be binding on all subordinate Courts and Tribunal within the territorial jurisdiction of the Jurisdictional High Court. After perusing the appeal order passed by the Tribunal and all other facts and materials available on record, we are of the view that while deciding the issue relating to allowability of prior period expenses, the Tribunal has not dealt with various propositions can ..... X X X X Extracts X X X X X X X X Extracts X X X X
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