2012 (7) TMI 913

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....nt by: Sh. R.K. Gupta, ORDER PER BENCH ; These two appeals filed by the Revenue are directed against separate orders of CIT(A), Jammu, each dated 01.04.2011 & 04.04.2011 for the assessment year 2008-09. As the issue involved in both the appeals are common, these were heard together and are being disposed of by this consolidated order for the sake of convenience. 2. The common grounds r....

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.... Sawhney Steel and press works Ltd, wherein the Hon'ble Supreme Court had held such receipts to be the revenue receipts in as much as in that case payments were made only after the industries had been set up and payments were not made for purpose of setting up of industries. 3. On the facts and circumstances whether the Ld. CIT(A) was right in facts and circumstances and in law in not consi....

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....n respect of disallowance of deduction claimed u/s 40(a)(ia) by relying on the decision of the Hon'ble ITAT, Amritsar Bench in the case of M/s. Sund Pharmaceutical Industries in ITA No. 184(Asr)/2009 and not appreciated the decision of same Bench in the case of M/s. Kashmir Tubes reported in ITA No.145(Asr)/2005 dated 07.12.2007 where such disallowances were upheld by the ITAT, Amritsar. 2. We ....

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.... case of Shree Balaji Alloys v. CIT and Another (2011) 333 ITR 335 (J&K). Therefore, respectfully following the decision of the Hon'ble Jurisdictional High Court (surpa), we dismiss ground Nos. 1 to 4 of the revenue relating to excise duty refund in both the appeals. 3. As regards disallowance made u/s 40(a)(ia) of the Income-tax Act, 1961, we are of the view that the issue in dispute is square....