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TMI Blog2014 (2) TMI 846X X X X Extracts X X X X X X X X Extracts X X X X ..... Decided against Revenue. - TAX APPEAL NO. 866 of 2013 - - - Dated:- 18-12-2013 - M.R. SHAH AND R.P.DHOLARIA, JJ. For the Appellant : Mrs. Mauna M. Bhatt. JUDGMENT:- PER :M.R. Shah Being aggrieved and dissatisfied with the impugned judgment and order passed by the Income Tax Appellate Tribunal (hereinafter referred to as 'ITAT') dated 12/04/2013 in ITA No. 134/Ahd/2013 for the Assessment Year 2009-10, the revenue has preferred the present Tax Appeal with the following proposed question of law: "Whether the appellate Tribunal has substantially erred in law in deleting the disallowance of Rs.7,68,96,000/- made by the Assessing Officer and confirmed by the CIT(A)?" 2. The facts leading to the present Tax Appeal in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uired by law. The Assessing Officer held that the assessee was not entitled to claim income worth Rs.7,68,96,000/- as deemed application under Section 11(1) Explanation 2 of the Income Tax Act and consequently directed to make the addition of Rs.7,68,96,000/-in the total income of the assessee for the year in question. 2.2 Being aggrieved and dissatisfied with the order passed by the Assessing Officer directing to make the addition of Rs.7,68,96,000/- and disallowing the claim of the assessee made under Section 11(1) Explanation 2 of the Income Tax Act, the assessee preferred appeal before the CIT(A) and the CIT(A) dismissed the appeal confirming the addition made by the Assessing Officer. 2.3 Being aggrieved and dissatisfied with the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the State Government can be said to be income or not. However, considering the fact that during the relevant year the assessee received the amount of Rs.534.06 lakh as grant from the State Government on the last date of the relevant accounting year i.e. 31/03/2009 and the grant amounted to Rs.534.06 lakh was distributed to various blood banks c/o the Chief District Medical Officers of various Districts in the State of Gujarat in the succeeding month of April, 2009 and the fact that the aforesaid amount was received by the assessee by way of grant from the State Government is not seriously disputed, considering the decision of this Court in the case of CIT v . Gujarat State Disaster Management Authority in Tax Appeal No. 80/2010 ITAT has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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