---------- Forwarded message ----------From: manoj kumar <manojmittal2005@...>
Date: Aug 2, 2008 12:13 PM
Subject: [Gzb_CA Group -CA VINAY MITTAL] A landmark judgement of MP Court
Recently the MP high Court has given a landmark ruling on applicability of deceision of highe court on lower court, The gist of deceision is as follows.
Tribunal being subordinate to High Court has to follow decision of jurisdictional High Court without making any comment upon said decision or/and without ignoring it on any grounds except those which are well recognized; it has no jurisdiction to ignore decision of High Court on ground that it did not take into consideration a particular provision of law or that it did not lay down correct principles of law on issue involved therein - National Textile Corporation Ltd. v. Commissioner of Income-tax -  171 TAXMAN 339 (MP) [IT Reference No. 4 of 2005]
Cases referred are
CIT v. Premier Industries (P.) Ltd.  227 ITR 282/93 Taxman 214 (MP) [Para 5], Tirupati Balaji Developers (P.) Ltd. v. State of Bihar AIR 2004 SC 2351 [Para 15], East India Commercial Co. Ltd. v. Collector of Customs AIR 1962 SC 1893 [Para 16], Suganthi Suresh Kumar v. Jagdeeshan  2 SCC 420 [Para 17], Standard Radiators v. CIT  165 ITR 178/33 Taxman 151 (Guj.) [Para 18] and CIT v. Hasanali Khanbhai & Sons  165 ITR 195 (Guj.) [Para 18].
CA MANOJ KUMAR
CA Paras Chhajed
FCA, DISA (ICA)
Ph. (07744) 224246, 403903