2018 (3) TMI 1853

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.... ORDER Per G Manjunatha, AM : This appeal filed by the revenue is directed against the order of the CIT(A)-3, Nagpur dated 04-05-2016 and it pertains to AY 2011-12. 2. The brief facts of the case are that the assessee company is engaged in the business of manufacturing and trading in refined oils and windmill electricity generation filed its return of income for AY 2011-12on 26-09-2011 d....

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....ee in assessee's own case for AY 2003-04 to 2009-10, wherein the ITAT by following its own order in assessee's own group case, M/s Narendra Vegetable Products Pvt Ltd in ITA No.118 to 124/Nag/2013 has allowed the appeal of the assessee. On the other hand, the Ld.DR strongly supporting the order of the AO submitted that sales-tax subsidy received from state government is revenue in nature and was t....

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....1,2 and 3 in favour of the assessee. Ground No.4 is consequential in nature pertaining to charge of interest needs no adjudication presently. Resultantly, all the appeals are allowed." 5. In this view of the matter and consistent with the view taken by the co-ordinate bench, we are of the considered view that sales-tax incentive received from state government being a capital receipt is not exig....