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TMI Blog2013 (5) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... A) for the AY 2008-0-9. 2 The only effective ground raised by the revenue in this appeal is as under: "On the facts and circumstances of the case and in law, the ld CIT(A) erred in deleting the addition of Rs. 76,35,463/- made by the Assessing Officer without appreciating the fact that the assessee had failed to produce any evidence before the Assessing Officer to justify its claim that the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the total amount receipt from Montreal Protocol for phasing out the production of Chlorinated Rubber and supply of Carbon Tetra Chloride to non feed stock sector. This compensation has been received by the assessee as per the sub grant agreement entered into with the Industrial Development Bank of India Ltd. 20% of the compensation being the first instalment was received by the assessee during ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... business; which is chargeable under the head "capital gains". (ii) any sum received as compensation, from the multilateral fund of the Montreal Protocol on substances that Deplete the Ozone layer under the United nations Environment Programme, in accordance with the terms of agreement entered into with the Government of India. We find although the assessee has not filed full details as alleged b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entitled to the benefit. The ld. D.R. could not controvert the findings of the ld. CIT(A). we, therefore, do not find any infirmity in the order of the ld. CIT(A) and accordingly the order of the ld. CIT(A) is upheld. The ground raised by the Revenue is accordingly dismissed." 4.2 Following the earlier order of this Tribunal, we decide this issue against the revenue and in favour of the assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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