DCIT - 9(1)(2), Mumbai vs. Atlanta Infra Assets Ltd., Mumbai
In the result, appeals of assessee and Revenue are allowed in part in terms indicated hereinabove
ITA 4769/MUM/2016[2012-13]Status: DisposedITAT Mumbai30 Jul 2018AY 2012-13
Bench: Shri R.C.Sharma, Am & Shri Ram Lal Negi, Jm Dy. Commisioner Of Income Vs. M/S. Atlanta Infra Assets Limited Tax – 9(1)(2) 101, Shree Amba Shanti Room No.260A, Chambers Mumbai Andheri Kurla Road Andheri (E), Mumbai – 400 059 Pan/Gir No. Aaccb7416Q Appellant) .. Respondent) Co No.19/Mum/2018 M/S. Atlanta Infra Assets Limited Vs. Dy. Commissioner Of Income 101, Shree Amba Shanti Chambers Tax – 9(1)(2) Andheri Kurla Road Room No.260A, Andheri (E), Mumbai – 400 059 Mumbai Pan/Gir No. Aaccb7416Q Appellant) .. Respondent) Revenue By Shri H.N. Singh Assessee By Shri Vijay Mehta Date Of Hearing 13/06/2018 Date Of Pronouncement 30/07/2018
For Respondent: - i) "Whether on the facts and in the circumstances of the case
Section 143(3)Section 14ASection 32
…l Highway Authority of India is a capital receipt?" ii)" Whether on the facts and in the circumstances of the case, the Ld.CIT(A) has erred in wrongly appreciating the decision of Hon'ble Supreme Court in the case of Sahney Steel & Press Works Ltd CIT (1977) (228 ITR 253) which clearly lays down the law that subsidy received by the assessee for meeting the operational expenses are of the revenue in nature?" iii) "Whether on the facts and in the circumstances of the case, the CIT(A) has erred in relying on the version of the assessee that the subsidy received from NHAI is towards "Equity Contribution" when this is…
