Asst CIT Cir 11(5) vs. Jsw Steel Ltd
In the result assessee’s appeal is partly allowed whereas revenue’s appeal is dismissed
ITA 930/BANG/2009[2004-05]Status: DisposedITAT Mumbai13 Jan 2017AY 2004-05
Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2004-05
For Appellant: S/Shri Kanchan Kaushal & Hirali Desai, A.RFor Respondent: Shri Alok Johri, CIT D.R
Section 115JSection 139(1)Section 143(3)Section 234BSection 244A
…l asset and not stock-in-trade. Therefore, taking into account all the above facts, Section 41(1) of the Act is not applicable”. Similar view has been taken by the other courts like Hon’ble Madras High Court in the case of Iskraeco Regent Ltd. vs. CIT (2011) 237 CTR 239 (Mad) and Hon’ble Delhi High Court in the case of CIT vs. Tosha International Ltd., (2009) 176 Taxman 187 (Del). Thus, the plea taken by the Ld. CIT D.R. as well as in the grounds raised by the Revenue is rejected. ITA No.923/Bang/2009 & ITA No.930/Bang/2009 62 M/s. JSW Steel Limited, (formerly known as Jindal Vijaynagar Steel Limited) 31. Acc…