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TMI Blog2018 (1) TMI 1078X X X X Extracts X X X X X X X X Extracts X X X X ..... st relied upon a decision of this Court [2011 (6) TMI 769 - BOMBAY HIGH COURT] and while deciding the said case, relied upon a decision in the case of CIT vs. Gemplus Jewellery Ltd. [2010 (6) TMI 65 - BOMBAY HIGH COURT] wherein held what is excluded from `export turnover’ must also be excluded from the `total turnover’ Referring to Appeal preferred by the Appellant Revenue against the decision of this Court in the case of Gemplus Jewellery Ltd.(supra) is pending before the Apex Court, the law is very well settled. So long as the decision of the Coordinate Bench of this Court is not set aside by the higher Court, all Coordinate Benches of this Court continue to be bound by the said decision. Even if a judgment of the Coordinate bench is stay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and in the circumstance of the case and in law the Tribunal was right in not allowing set off of the loss incurred by the Assessee Company from the Non-STPI Unit with the profit of the STPI Unit to arrive at the profits of the business eligible for exemption u/s 10A of the IncomeTax Act?" 2. The present Appeal takes an exception to the judgment and order dated 28th March, 2014 passed by the Income Tax Appellate Tribunal by which two Appeals preferred by the Appellant-Revenue for the Assessment years 2003-04 and 2004-05 were decided. The challenge in this Appeal is confined to the Appeal pertaining to the year 2004-05. The Appellate Tribunal while dismissing the Appeal preferred by the Appellant-Revenue first relied upon a decision of thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmissioner of Income-tax vs. Yokogawa India Ltd. [2017] 77 taxmann.com 41 (SC) confirmed the view taken by the Karnataka High Court. 4. On the first question, the submission is that the Appeal requires consideration on the ground that an Appeal preferred by the Appellant Revenue against the decision of this Court in the case of Gemplus Jewellery Ltd.(supra) is pending before the Apex Court. 5. The law is very well settled. So long as the decision of the Coordinate Bench of this Court is not set aside by the higher Court, all Coordinate Benches of this Court continue to be bound by the said decision. Even if a judgment of the Coordinate bench is stayed by the higher Court, as far as this Court is concerned, it continues to be bound by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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