9911796707
TMI Blog2018 (3) TMI 1861X X X X Extracts X X X X X X X X Extracts X X X X ..... igh Court in Canfin Homes Ltd. - [2011 (8) TMI 178 - KARNATAKA HIGH COURT] . Unless and until the operation of the order of the judgment of the Hon ble High Court is stayed by the Hon ble Apex Court, it holds the field and all subordinate judicial authorities are supposed to follow the judgment of the jurisdictional High Court. Mere filing of SLP does not amount to stay of the operation of the j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing on the Karnataka High Court decision in Canfin Homes Ltd (2011) 5 Tax Corp (DT) 49593 and Bilagi Pattiha Sahakari Bank Niyamit in ITA No 100090 of 2015 Ignoring the provisions of section 43D of the I.T. Act, 1961? (2) On the facts and in law the ld.CIT(A) erred in holding that income accrued to the assessee cannot be taken as income in the year ignoring the amended provisions of section 43D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned issue is squarely covered by the judgment of the jurisdictional High Court in the case of Canfin Homes Ltd (2011) 5 Tax Corp (DT) 49593 and Bilagi Pattiha Sahakari Bank Niyamit in ITA No 100090 of 2015. Since the CIT(A) has adjudicated the issue following the judgment of the jurisdictional High Court, no interference in the order of the CIT(A) is called for. The learned DR on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stay of the operation of the judgment of the Hon ble High Court. Under these circumstances, we are of the view that CIT(A) has rightly adjudicated the issue in the light of the judgment of the jurisdictional High Court and we find no infirmity therein. Accordingly, we confirm his order. 4. In the result, the appeal of the revenue stand dismissed. Pronounced in the open court on 14th March, 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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