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of <h1>Delhi HC Dismisses Revenue's Appeal for 2011-12 Assessment, No Substantial Question of Law</h1> <h3>THE PR. COMMISSIONER OF INCOME TAX-6 Versus MAITHON POWER LTD.</h3> The Delhi HC dismissed Revenue's appeal for the assessment year 2011-12, citing a previous decision in the assessee's favor for 2009-10. No substantial ... Nature of receipt - Refund of excise duty claimed from DGFT - Business receipt or capital gain - whether is not income under Section 5 read with Section 28(iii)(b) in the hands of Assessee Company as held by ITAT? - HELD THAT:- The issue raised in the present appeal by Revenue which relates to assessment year 2011-12 is covered against them by decision of MAITHON POWER LTD. [2015 (7) TMI 784 - DELHI HIGH COURT] as held refund or drawback would go to ultimately reduce the cost of the project and had therefore to be treated as a capital receipt. This being the accepted and admitted position, no substantial question of law arises for consideration before this Court. The Delhi High Court dismissed the appeal by Revenue for the assessment year 2011-12 as it was covered by a previous decision in the assessee's favor for the assessment year 2009-10. No substantial question of law arose, and the appeal was dismissed without costs.
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