TMI Blog2018 (6) TMI 602X X X X Extracts X X X X X X X X Extracts X X X X ..... Revenue by : Ms. Shanmuga Priya (JCIT) Assessee by : Shri Mukesh Goyal (C.A.) ORDER Per : Vijay Pal Rao, J. M. This appeal filed by the Revenue is directed against the order dated 31.01.2018 of ld. CIT (A), Jaipur for the assessment year 2011- 12. The Revenue has raised the following ground:- (i) Whether on the facts and circumstances of the case and in law the Ld. CIT(A) was justified in deleting the disallowance of contribution to Energy Conservation Fund of ₹ 1,00,00,000/- made by AO ignoring the fact that contribution towards fund is application of income and not allowable U/s 37(1) of the Income Tax Act, 1961. (ii) The appellant craves its rights to add, amend or alter any of the ground on or before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... JP/2017 has decided this issue in paras 6 and 7 as under:- 6. Ground No. 4 is regarding disallowance made by the AO on account of contribution of Energy Conservation Fund was deleted by the ld. CIT (A). 7. We have heard ld. D/R as well as the ld. A/R and considered the relevant material on record. At the outset, we note that an identical issue has been considered by this Tribunal in assessee s own case for the assessment year 2008-09 as well as for the assessment year 2012- 13 vide order dated 18.8.2017 in ITA No. 88/JP/2016 in para 91 to 94 as under :- 91. In respect of ground No. 7, the Revenue has challenged the action of ld CIT(A) in deleting disallowance of contribution to energy conservation fund of ₹ 1 crore. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtment be dismissed. 93. The relevant finding of the ld. CIT(A) are reproduced as under:- 5.3 I have perused the facts of the case, the assessment order and the submissions of the appellant. The fact of this issue is similar to the fact in assessee s own case for the assessment year 2008-09, appeal No. ITA No. 983/JP/2013. This issue has been decided in favour of the assessee as follow:- This amount was paid towards energy conversation contribution fund, which is statutory liability as per provisions of Energy Conservation Act, 2001. The case law relied by the assessee of the judgment of the Hon ble jurisdictional High Court in the case of CIT Vs. Raj Shipping and Weaving Mills Ltd. (supra) is squarely applicable in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
