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TMI Blog2011 (8) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt in the case of Joint Commissioner of Income-tax vs. Rolta India Ltd., reported in [2011 -TMI - 201466 - SUPREME COURT OF INDIA] in the affirmative and against the assessee and as such, we propose to dispose of this appeal by following the said decision X X X X Extracts X X X X X X X X Extracts X X X X ..... stion has recently been answered by a Three-Judge-Bench of the Supreme Court in the case of Joint Commissioner of Income-tax vs. Rolta India Ltd., reported in [2011] 330 ITR 470 (SC) in the affirmative and against the assessee and as such, we propose to dispose of this appeal by following the said decision. Mr. Sen, the learned Advocate appearing on behalf of the appellant, however, submitted befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 574 (SC). According to Mr. Sen in deciding the matter in the case of Rolta India Ltd. (Supra), the Supreme Court did not take into consideration the aforesaid aspect reflected from its own decision in the case of Moon Mills Ltd. (Supra) and the case of CIT vs. Kwality Biscuits Ltd., reported in (2006) 284 ITR 434 (SC) and thus, the decision of the Supreme Court in the case of Rolta India Ltd. (S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of Rolta India Ltd, the decision might have been different. It is now a settled law that decision given by the Supreme Court on a pure question of law is binding upon all the Courts in India and the said decision cannot be avoided on the ground that the Supreme Court in laying down the proposition of law did not consider a vital aspect of the matter. In this connection, we may appropriately ..... X X X X Extracts X X X X X X X X Extracts X X X X
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