M/S Deep Mohinivs Commissioner Of Income Tax v. M/S Global Reality I. T. A

ITA-80-2016 (M/S DEEP MOHINIVs COMMISSIONER OF INCOME TAX) 04-11-2016 Shri A. P. Shrivastava, learned counsel for theappellant. Denying claim for deduction under Section 80IB(10) of the Income Tax Act by the Income Tax AppellateTribunal for the assessment year 2007-08, appellant hasfiled this appeal. The claim of the appellant has beenrejected by the Tribunal on the basis of the judgmentrendered by this Court in the case of Commissioner ofIncome Tax Vs. M/s Global Reality I. T. A. No. 40/12. Once, identical submissions and grounds havealready been rejected by a Co-ordinate Bench of thisCourt in the case of M/sGlobal Reality (supra), nosubstantial question of law arises for consideration. Learned counsel for the appellant places reliance oncertain judgments of the Delhi High Court and theGujarat High Court to say that there are conflictingjudgments and, therefore, right to appeal is available oratleast permission to appeal to the Supreme Court shouldbe granted. Once, a judgment has been rendered by a Co-ordinate Bench of this Court, the same is binding on thisCourt until and unless it is over-ruled or a different view is taken by the Larger Bench. In the light of the law laid down in the case of M/sGlobal Reality (supra), there is no merit in the appeal.The appeal is accordingly dismissed. (RAJENDRA MENON)ACTING CHIEF JUSTICE (SMT. ANJULI PALO)JUDGE vy