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TMI Blog2013 (12) TMI 535X X X X Extracts X X X X X X X X Extracts X X X X ..... .T.A. No.452(Asr)/2012 - - - Dated:- 11-2-2013 - H. S. Sidhu And B. P.Jain,JJ. For the Appellant : Sh. Tarsem Lal, DR For the Respondent : Sh. Sameer Aggarwal, CA ORDER The Revenue has filed these two appeals against separate orders of CIT(A), Amritsar, each dated 12.10.2012 relating to assessment years 2004-05 and 2009-10 respectively. As the issue involved in both the appeals is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is a trading receipt or a capital receipt. 2. Whether on the facts and circumstances of the case the Ld. CIT(A), Amritsar was right in not appreciating the judgments of Hon'ble Supreme Court of India in the case of Ponni Sugar 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for purpose of substantial expansion of the industry. 5. The appellant craves leave to amend or add any one or more grounds of appeal." 2. At the time of both the Ld. DR and Ld. counsel for the assessee conceded that the issue in dispute in both the appeals is squarely covered in favour of the assessee by the decision of the Jurisdictional High Court of Jammu Kashmir in the case of Shree Ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.1. The Ld. first appellate authority has also decided this issue in favour of the assessee by relying upon the decision of the Hon'ble Jurisdictional High Court of J K, in the 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 (supra), we dismiss both the appeals of the Revenue. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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