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TMI Blog2018 (8) TMI 2088X X X X Extracts X X X X X X X X Extracts X X X X ..... thdraw the claim of deduction granted under Section 80-IA of the Act? - HELD THAT:- This Tribunal is of the considered opinion that the Assessing Officer has no jurisdiction to overturn the judgment of Madras High Court. The judgment of Madras High Court is binding on all the authorities in the State. Whatever may be the reason, the Assessing Officer has to follow the judgment of Madras High Court. Now the Revenue claims that an SLP was filed before the Apex Court. It is open to the Revenue to pursue remedy before the Apex Court in a manner known to law. However, the Assessing Officer cannot reopen the assessment and withdraw the claim of deduction under Section 80-IA of the Act which was already allowed by the Madras High Court. This Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... together and disposing of the same by this common order. 2. Shri Guru Bashyam, the Ld. Departmental Representative, submitted that the Assessing Officer reopened the assessment by issuing notice under Section 148 of the Income-tax Act, 1961 (in short 'the Act') on 29.03.2012 for both the assessment years. According to the Ld. D.R., the assessee claimed deduction under Section 80-IA of the Income-tax Act, 1961 (in short 'the Act') in respect of three windmill units. The Assessing Officer after considering the Finance Act, 1998, found that windmill cannot be equated with power generating unit as contemplated in Annexure 1A of Depreciation Schedule, therefore, the assessee is not eligible for deduction under Section 80-IA o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e under Section 148 of the Act on the ground that windmill cannot be equated with power generating unit. According to the Ld. counsel, when the order of the Assessing Officer was merged with the order of this Tribunal and the judgment of Madras High Court, he has no jurisdiction to overturn the order of this Tribunal and the judgment of Madras High Court. Therefore, according to the Ld. counsel, reopening itself is invalid. 4. We have considered the rival submissions on either side and perused the relevant material available on record. A perusal of the order of reassessment clearly shows that this Tribunal and Madras High Court allowed the claim of the assessee under Section 80-IA of the Act on the very same windmill. The Assessing Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. However, real power flows from the confidence reposed by the people on the judicial system. Once the order of assessment is merged with the judgment of Madras High Court, the Assessing Officer cannot touch the order. If the Assessing Officer is allowed to overturn the judgment of Madras High Court, then the taxpayers / citizens of this country may not have confidence on the judicial system. Such a thing cannot be allowed to happen in this country. This Tribunal time and again points out that the judgment of jurisdictional High Court has to be scrupulously followed by all the authorities in this State. Irrespective of this, this kind of things happen. We hope and confident that higher authorities in the Income-tax Department would take st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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