2026 (3) TMI 817

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....in ITA No. 1412/BANG/2019 dated 11.03.2020, the present appeal is filed by the Revenue. 2. The Assessee is engaged in the business of generation of electricity through windmills. Owing to the nature of its business, it accumulated carbon credits, which were subsequently sold in the open market for consideration. 3. The amount earned through the sale of carbon credits was sought to be taxed as a revenue receipt by the Assessing Officer. However, the same was held otherwise by the Commissioner as well as the Income Tax Appellate Tribunal. Aggrieved by the said findings, the present appeal is filed by the Revenue. 4. Based on the pleadings, this Court, by order dated 18.08.2025, framed the following substantial questions of law: ....

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.... CERs." 5. The impugned order is passed by the Income Tax Appellate Tribunal for the following reasons. "4. At the time of hearing, the ld. DR submitted that the CIT (Appeals) has erred in granting relief irrespective of the fact that the decision relied on by the CIT (Appeals) has been challenged at higher forums by the revenue. Whereas the learned Authorized Representative supported the orders of the CIT(Appeals) relying on the assessee own case for the A.Y. 2013-14. We found the Ld CIT(Appeals) has dealt on the disputed issue at page 3 paras 5 & 6 of the order and granted relief which is read as under : 5. The ITAT, 'B' bench, Bengaluru, in order Dt.05.09.2018, for A.Y.2013-14, in I.T.A. No. 2783/Bang/2017, i....