NALCO vs. COMNR.OF INCOME TAX
ITA/133/2012HC Orissa09 May 2022
Bench: : The Hon’Ble Justice Surya Prakash Kesarwani & The Hon’Ble Justice Rajarshi Bharadwaj Date : 16Th January, 2024 Appearance : Sri Vipul Kundalia, Adv. Smt. Oindrilla Ghosal, Adv. ...For The Appellant. Sri J.P. Khaitan, Sr. Adv. Sri Sanjoy Bhaumik, Adv. Smt. Swapna Das, Adv. ...For The Respondent. 1. Heard Sri Vipul Kundalia, Learned Senior Standing Counsel For The Appellant/Revenue & Sri J.P. Khaitan, Learned Senior Advocate Assisted By Sri Sanjoy Bhaumik & Smt. Swapna Das, Learned Advocates For The Respondent/Assessee. 2. This Appeal Was Admitted By This Court By An Order Dated 30.11.2012 On The Following Substantial Questions Of Law: “1) Whether In View Of The Facts & Circumstances Of The Instant Case The Tribunal Erred By Not Considering That Subsides Which May Be Used Freely
Section 43(6)Section 89
capital
expenditure or a revenue expenditure ? In the present
set of facts there is no such controversy and, instead,
the controversy is with regard to the expenditure in the
form of compensation incurred by the respondent/assessee
during
the
course
of
mining/business
operation.
Therefore, the judgment relied upon by the learned
counsel for the appellant is clearly distinguishable