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TMI Blog2013 (12) TMI 536X X X X Extracts X X X X X X X X Extracts X X X X ..... parate orders of CIT(A), Amritsar, each dated 12.10.2012 relating to assessment years 2003- 04, 2004-05 & 2005-06 respectively. As the issues involved in both the appeals are common, therefore, these were heard together and are being disposed off by this common order for the sake of convenience. 2. The grounds raised in ITA No.455(Asr)/2012 by the Revenue are reproduced hereunder, as these are al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the judgments of Hon'ble Supreme Court of India in the case of Ponni Sugar & Sawhney Steel and press works Ltd, wherein the Hon'ble Supreme Court had held such receipts to be the revenue receipts in as much as in that case payments were made only after the industries had been set up and payments were not made for purpose of setting up of industries. 3. Whether on the facts and circumstances whet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f both the Ld. DR and Ld. counsel for the assessee fairly conceded that the issues involved in these appeals relating Excise Duty Refund and Interest Subsidy are squarely covered in favour of the assessee by the decision of the Jurisdictional High Court of Jammu & Kashmir in the case of Shree Balaji Alloys v. CIT and Another, reported in (2011) 333 ITR 335 (J&K), wherein it has been held that Exci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.1. The Ld. first appellate authority has also decided both the issues in favour of the assessee by relying upon the decision of the Hon'ble Jurisdictional High Court of J & K, in the case of Shree Balaji Alloys v. CIT and Another (2011) 333 ITR 335 (J&K). Therefore, respectfully following the decision of the Hon'ble Jurisdictional High Court (supra), we dismiss all the three appeals of the Reve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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