B R Agrotech Ltd, New Delhi V. ACIT Circle-4(1), New Delhi

MA 164/DEL/2022

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 0700 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-10-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 13-10-2022
• Assessment Year: 2014-2015
• Appeal Filed On: 06-07-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S.S. NAGAR
• Keywords: Capital receipt

Judgement Text

Page | 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E, NEW DELHI Before Sh. Kul Bharat, Judicial Member B. R. R. Kumar, Accountant Member MA No. 161 to 164/Del/2022 (In ITA No.6244 to 6247/Del/2019) Asstt. Years: 2011-12 to 2014-15 BR Agrotech Ltd, 1505, Vikram Tower Rajendra Place, New Delhi Vs ACIT, Circle-4(1), New Delhi (APPELLANT) (RESPONDENT) PAN No. AAACM9401C Assessee by : Sh. S. S. Nagar, Adv Revenue by : Sh. Om Prakash, Sr. DR Date of Hearing: 14.10.2022 Date of Pronouncement: 17.10.2022 ORDER Per Dr. B. R. R. Kumar, Accountant Member: These miscellaneous applications were filed by the Assessee in ITA No. 6244 to 6247/Del/2019 for AY 2011-12 to 2014-15 dated 07.07.2022. In the miscellaneous application the Assessee pleaded that while the tribunal decided the issue of excise duty subsidy as capital receipt in nature it did not quantify the amount as mentioned in the impugned order u/s 154, the order in appeal before us and as well as in the paper book filed. We have gone through the same and find that though the principle as to the allowability has been laid down, the same has not been quantified. Hence, the same is being quantified now. The amount of excise duty subsidy to be treated as capital receipt is as under:- AY Excise duty at Kathua unit Excise duty at Kala-Amb Unit Total Excise duty 2011-12 44,438,436 26,246,669 70,685,105 2012-13 46,881,087 36,972,800 83,853,887 Page | 2 2013-14 57,941,155 48,257,396 106,198,551 2014-15 82,565,115 55,223,597 137,788,712 In the result, the miscellaneous application filed by the Assessee is allowed. Order Pronounced in the Open Court on 17/10/2022. Sd/- Sd/- (Kul Bharat) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 17/10/2022 *Ajay Kumar Keot, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR