2016 (4) TMI 1140

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..... machinery Revenue v/s capital receipt - Held that:- Subsidy received as Excise duty reimbursement cannot be taken as revenue receipt MAT computation - Held that:- AO is not entitled to add the above said two items to the book profit computed u/s 115JB of the Act.
SHRI B. R. BASKARAN, AM AND SHRI PAWAN SINGH, JM Appellant by : Ms. Radha Katyal Narang Respondent by : Shri Jayesh Desai O R .....

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..... is not a revenue receipt". 3. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in holding that in case of any adjustments made by the assessee while calculating book profit u/s.115JB, are not found to be correct, the same can be increased or decreased as per findings by A.O." 2. At the time of hearing of the appeal both the parties have agreed that all .....

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..... by the Revenue in respect of A.Ys. 2008-09 and 2009-10. We have further noticed that the order passed by CIT(A) is based on various decisions of the Co-ordinate Bench of ITAT and of superior courts. Keeping in view the principle of consistency and following the judgment of the Coordinate Bench in the assessee's own case, we do not find any reason to interfere in the order passed by the CIT(A). .....

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