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TMI Blog2020 (9) TMI 821X X X X Extracts X X X X X X X X Extracts X X X X ..... asset no indexation would be granted of the asset is a long term capital asset. This bench has not been informed as to whether the department has accepted the earlier order of the Tribunal on this issue for A.Y. 2010-11 and A.Y. 2014-15 in and carried the matter in appeal before the Hon ble High Court in either of the case, we do not see any reason to deviate form, the proposition of law laid down by the coordinate bench of this Tribunal, on the very same issue in the case of the assessee itself, in the earlier assessment years. - I.T.A. No. 810/Kol/2019 - - - Dated:- 18-9-2020 - Shri J. Sudhakar Reddy, Hon ble Accountant Member And Shri Aby T. Varkey, Hon ble Judicial Member Shri S.K. Tulsiyan, Advocate appearing on behalf of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de its order dated 24.03.2019, adjudicated the issue in favour of the assessee. He further submitted that Kolkata B Bench of the Tribunal in ITA No. 1486/Kol/2019 for A.Y. 2014-15 order dated 22.07.2020 has upheld the order of the CIT(A) on this issue by following the proposition of law laid down on this issue for A.Y. 2010- 11 by the ITAT B Bench and decided the issue in favour of the assessee. Thus, he submits that the issue is squarely covered in favour of the assessee by the decision of the co-ordinate bench of this Tribunal, on this very issue, in assessee e own case and hence relief should be granted to the assessee. 3. The Ld. CIT, DR, Mr. Vijay Shankar, on the other hand, opposed these contentions and submitted that the Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the Bench, the Ld. CIT, DR submitted that he has to enquire and report as to whether the Revenue has carried this matter in further appeal to the Hon ble Calcutta High Court for the earlier assessment years. We requested the Ld. CIT, DR to furnish this information within one week from the date of hearing. 4. The learned counsel for the assessee submitted that the then Ld. CIT for the A.Y. 2014-15 had agreed that the issue is covered against the revenue whereas the present CIT, DR, desires to challenge the order of the Tribunal, on the very same issue, before the Tribunal itself and that such arguments are not maintainable. 5. We have heard rival contention. On a careful consideration of all the facts and circumstances of the case, w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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