TMI Blog2017 (8) TMI 1669X X X X Extracts X X X X X X X X Extracts X X X X ..... . Nos. 148 to 154/Kol/2016 - - - Dated:- 2-8-2017 - Shri A.T. Varkey, JM And Shri M. Balaganesh, AM For the Appellant : Shri Harsh Vardhan Bhardwaj, FCA. For the Respondent : Shri G. Hangshing, CIT (DR). ORDER Per Bench : These are 18 appeals preferred by the assessee against the sole issue wherein the Ld. CIT(A) has confirmed the action of the AO disallowing the relief claimed by the assessee u/s. 80IC of the Income-tax Act, 1961 (hereinafter referred to as the Act ) on the amount of remission of VAT granted by the State Government. Since the issue in all the appeals are identical, we take up IT(SS)A No. 148/Kol/2016 for AY 2007-08 as the lead case and the decision of it shall be followed in all other 17 appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the decision of the Hon'ble Jurisdictional High Court, we allow the appeals of the assessee and direct the AO to allow the deduction to the assessee under section 80IC treating all the subsidies received to be part of the business profit and gains from the industrial undertaking in accordance with law. Thus, the grounds taken by the assessee are allowed. So far the appeals filed by the Revenue are concerned, we noted that both the issues involved in the appeals in both the assessment years filed by the Revenue are covered by the decision of this Tribunal in favour of the assessee dated 19.03.2010 and 05.04.2010 through which we have gone through. The issue relating to the Central excise duty refund is duly covered by the decision of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h were filed by the revenue against the Ld. CIT(A) s order allowing relief to assessee on VAT remission issue, which we note from copy of the order enclosed from pages 1 to 8 of the paper book. We also note that in ITA No. 2185/Kol/2014 for AY 2010-11 which was an appeal filed by the revenue, the Tribunal following the earlier orders dismissed ground no. 2 of the department as against the relief given by the Ld. CIT(A) in respect of Central Excise Duty refund and VAT remission. We also take note that in ACIT Vs. G. L. Coke Pvt. Ltd., the Coordinate Bench of Gauhati ITAT in ITA No. 43/Gau/2009 vide para 6.1 has held as under: 6.1. The only difference between the central excise refund and the VAT remission is that in the Central Excise r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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