LAWS(IT)-2015-1-46

DY. C.I.T. Vs. NARBADA STEEL LTD.

Decided On January 12, 2015
DY. C.I.T. Appellant
V/S
Narbada Steel Ltd. Respondents

JUDGEMENT

(1.) THIS is department's appeal for assessment year 2010 -11 against the order dated 09.12.2013 passed by learned CIT(A) -I, Ludhiana. The department has taken the following grounds of appeal:

(2.) WHETHER the Commissioner of Income Tax (Appeals) -I, Ludhiana committed an error in law in not following the law as laid down by the Hon'ble Supreme Court in the case of Ponni Sugar & Sawhney Steel and Press Works Ltd., wherein similar receipts were held to be revenue in nature as the same had been made after the industries had been set up and not for the purpose of setting up of the industries.

(3.) BY virtue of the impugned order, the ld. CIT(A) deleted both the additions made by the AO. In doing so, the ld. CIT(A) followed the decision in the case of "Shree Balaji Alloys"(supra). Aggrieved, the department is in appeal before us.