9911796707
TMI Blog2023 (2) TMI 1363X X X X Extracts X X X X X X X X Extracts X X X X ..... erjee Pal, Adv. For the Respondent ORDER The Court : This appeal by the revenue filed under Section 260A of the Income Tax, 1961 (the Act) is directed against the order dated 18th February, 2005, passed by the Income Tax Appellate Tribunal, "A" Bench, Kolkata (Tribunal) in ITA No. 177(Hyd.)/1998 for the assessment year 1993-94. The appeal was admitted on 20th September, 2010 on the following s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of certain subsequent developments we are not required to decide the correctness of the order passed by the learned Tribunal, but simultaneously we are required to clarify certain facts for better clarity. The issue was whether the amount of subsidy of Rs. 3,65,66,602/- received by the assessee from the State government as Sales Tax subsidy was a revenue receipt or a capital receipt. The Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessing officer, affirmed by the CIT(A) and in an appeal filed before the learned Tribunal in ITA No.2113/Kol/2005, it was held that the assessee was entitled for the deduction. The order of the Tribunal is dated 5th October, 2006 which has attained finality. In the light of the this factual development, assuming the appeal filed by the revenue is allowed, it would amount to inconsistent order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the respondent/assessee has submitted that pursuant to the orders passed by the CIT(A) dated 19th December, 1997, the assessee had paid tax which has now been allowed as a deduction in the assessment year 2002-03 pursuant to the order of the Tribunal dated 5th October, 2006. That apart, 'no giving effect to the order' was passed by the Department pursuant to the impugned order in this appeal da ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
