(1.) THE Revenue has filed the present appeal under s. 260A of the IT Act, 1961 (for short 'the Act') against the order of the raising the following proposed substantial question of law :
(2.) AT the outset, Shri Vivek Sethi, advocate, learned counsel for the Revenue has very fairly stated that question No. 1 as raised by the Department has already been decided against the Revenue by the judgment of Hon'ble Supreme Court of India in the case of CIT vs. Shirke Construction Equipment Ltd. (2007) 210 CTR (SC) 159 : (2007) 291 ITR 380 (SC), wherein it has been held as under :