ITAT show follow view favouring assesse in case of Two Conflicting views of Non-Jurisdictional HCs

Smt. Meena Kundra Vs. Income Tax Officer (ITAT Agra) Ld. CIT(A), while accepting the fact that no addition was made on the reasons recorded and the addition was made on the issue of capital gain arising on transfer of property, i.e., shops, due to dis allowance of cost of improvement incurred thereon, decided the matter against the assessee, relying on ‘Sri N Govindaraju vs. ITO’, 377 ITR 243 (Kar.). The reason for the CIT(A) to do so was that that ‘Sri N Govindaraju’ (Supra) is a decision rendered later than ‘Ranbaxy Laboratories vs. CIT’, 336 ITR 136 (Del) and ‘CIT vs. Jet Airw...