2016 (10) TMI 48

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..... The Commissioner of Income Tax v. M/s. Escort Finance Ltd [2013 (11) TMI 1667 - DELHI HIGH COURT] . The question of law framed is answered against the revenue. - The Commissioner of Income Tax Versus M/s Escorts Finance Ltd. - - - Dated:- 15-9-2016 - S. Ravindra Bhat And Deepa Sharma, JJ. For the Appellant : Sh. Dileep Shivpuri, Sr. Standing Counsel with Sh. Sanjay Kumar, Jr. Standing Cou .....

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..... ssessee, however, succeeded before the Tribunal. The Tribunal referred to and relied upon its previous rulings for other years, notably AY 1996-97 and AY 1997-98. At the outset, it is pointed out that the decisions for the subsequent years on identical points, i.e. AY 1996-97 and AY 1997-98 were the subject matter of an appeal before this Court, i.e. The Commissioner of Income Tax v. M/s. Escort F .....

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..... t is in the context when it is leased. The Court in ICDS (supra) had noticed all previous rulings, including CIT v. Shaan Finance (P) Ltd. 1998 (231) ITR 308 and Mysore Minerals (supra). It thereafter approved the reasoning in Shaan (supra). The Court noticed further that Mysore Minerals (supra) is sub silentio in that there was no reference or consideration to Shaan (supra) at all. Having regard .....

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