TMI Blog2011 (11) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the Commissioner of Income Tax (Appeals)-I, Ludhiana dated 15.01.2010 relating to assessment year 2005-06 against the order passed u/s 143(3) of Income Tax Act, 1961. 2. The assessee has raised the following grounds of appeal: 1. That the Ld. CIT(A) has erred in law and on facts while taxing the capital receipt on account of Sales Tax Subsidy amounting to ₹ 4,09,86,935/- receive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case may kindly be granted. 3. The learned A.R. for the assessee fairly admitted that the issue has been decided against the assessee by the Tribunal in appeals relating to assessment years 2003-04 and 2004-05. The learned A.R. for the assessee further pointed out that the issues raised in the present appeal were identical to the issues raised in the appeals for the earlier years. The as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed the record. The issue raised in the present appeal is in connection with the taxation of the sales tax subsidy received by the assessee from the Govt. of Gujarat. The assessee had also received similar sales tax subsidy in assessment years 2003-04 and 2004-05. The Tribunal in ITA Nos.592 824/Chandi/2007 relating to assessment years 2003-04 and 2004-05, vide order dated 21.3.2008, following t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder which it is provided that where identical question of law is pending before the High Court or the Supreme Court, the assessee at its option can furnish the declaration under section 158A(1) of the Act, that where the issues are identical the decision in the appeals pending before the Hon'ble High Court or the Supreme Court shall apply to the issues raised in the captioned assessment years ..... X X X X Extracts X X X X X X X X Extracts X X X X
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