From the clarification issued by the Hon’ble High Court, it is clear that until and unless the decision of Marilyn Shipping & Transport (supra) is reversed by the Court, it is binding on all the benches of the Tribunal. We find that Hon’ble Court has held that judicial discipline mandates that the decision of the special bench has to be followed by other benches. As on today, the stay order granted by the Hon’ble Court has been vacated and the order of the special bench is binding on other benches of the Tribunal. Therefore, respectfully following the same, we hold that the FAA was justified in following the order of Marilyn Shipping & Transport (supra). Considering the facts of the case and the clarification issued by the Hon’ble Andhra Pradesh High Court on 24.06.2014 in the case of Janapriya Engineers Syndicate, we decide the effective ground of appeal in favour of the assessee and confirm the order of the FAA.
INCOME TAX APPELLATE TRIBUNAL, MUMBAI
Before Shri D. Manmohan, Vice President and
Shri D. Karunakara Rao, Accountant Member
ITA No. 13/Mum/2013 (Assessment Year: 2009-10)
Income Tax Officer
Vs.
Smt. Zeenat N. Shaik
Date of Hearing: 17.09.2014
Date of Pronouncement: 17.09.2014
ORDER
