Reference to Special Bench cannot be withdrawn merely for the reason that HC has admitted identical question of law in another case

DCIT Vs Summit Securities Limited (ITAT Mumbai Special Bench)- Notwithstanding the fact that the substantial question of law raised in the order of the earlier Bench has been admitted by the Honourable High Court, there are no fetters on the Tribunal in hearing the case in Special Bench and rendering the decision which would prevail upon and become a binding precedent for the other Benches of the Tribunal. The learned Counsel for the assessee could not point out even a single judgement in which the Honourable High Court abstained the Tribunal from deciding the issue through Special bench durin...