M/S. SHIV SHAKTI FLOUR MILLS (P) LTD., MAKUM ROAD, TINSUKIA Vs. COMMISSIONER OF INCOME TAX, DIBRUGARH, C.R. BUILDING, DIBRUGARH

JUDGEMENT

(1.) Heard Mr. R.P. Agarwalla, the learned senior counsel along with learned advocate Mr. R. Goenka for the appellant (assessee). Also heard Mr. S. Sarma, the learned standing counsel, Income Tax Department on behalf of the respondent.

(2.) This appeal is filed under Sec. 260A of the Income Tax Act, 1961 (here-in-after referred to as 'the I.T. Act'), against the common order dated 13.12.2013 (Annexure-G), of the Income Tax Appellate Tribunal, Guwahati. The departmental Appeal i.e. ITA No.20/Gau/2005 came to be partially allowed, whereby the transport subsidy was ordered to be treated as revenue receipt, taxable in the hands of the assessee, on account of the majority opinion of the 3 Member Tribunal.

(3.) This appeal is admitted on the following substantial question of law:-