HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D. B. Income Tax Appeal No. 96/2019 Principal Commissioner Of Income Tax, Jaipur- Ii, Jaipur ----Appellant Versus M/s Barmer Lignite Mining Company Ltd., Office No. 2 And 3, 7Th Floor, Man Upasana Plaza, C-44, Sardar Patel Marg, C- Scheme, Jaipur 302001 ----Respondent For Appellant(s) : Mr. Prateek Kedawat. For Respondent(s) : Mr. Atul Saxena on behalf of Mr. Sanjay Jhanwar. HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment 14/10/2019 This appeal has been filed by revenue assailing judgment dated 14.02.2019 passed by Income Tax Appellate Tribunal, Jaipur Bench, Jaipur. appellant-revenue has proposed following substantial questions of law in present appeal: (1) Whether in facts and circumstances of case and in law ITAT, is correct in holding that interest receipt of Rs. 7,34,00,000/- will be treated as capital receipts in view of Hon ble Supreme Court judgment in case of Bokaro Steel Ltd., (236 ITR 3152) and not as income from other sources as held by Hon ble Supreme Court in case of Toticorin Alkali Chemicals & Fertilizers Ltd., (227 ITR 172)? (2) Whether in facts and circumstances of case and in law ITAT, was justified in law in reversing order of CIT(A) holding interest income on FDRs to be income from other sources? (Downloaded on 17/10/2019 at 10:35:30 AM) (2 of 2) [ITA-96/2019] (3) Whether in facts and circumstances of case and in law ITAT, is correct in deleting disallowance made by Assessing Officer on account of mandatory CSR expenses of Rs. 2,00,00,000/- made by assessee in pursuance to terms and conditions of environment clearance granted by Ministry of Environment & Forests (MOEF)? (4) Whether in facts and circumstances of case and in law ITAT, was justified in upholding assessee s claim for Mines Closure Plan of Rs. 5,56,27,993/-as admissible expenditure in year under consideration without appreciating fact that said amount set apart by assessee was in nature of provision and thus not allowable as expenditure? During course of arguments, learned counsel for appellant could not dispute that aforementioned question no. 1, 2 and 3 stand already decided by this Court vide judgment dated 24.07.2018 in Barmer Lignite Mining Co. Ltd. Vs. DCIT, Central Circle-6, Jaipur (D.B. Income Tax Appeal No. 54/2018) whereby appeal filed by assessee in present was allowed and aforementioned question no. 4 has also been decided by this Court vide judgment dated 17.04.2018 passed in Principal Commissioner of Income Tax, Jaipur-II, Jaipur Raj Vs. M/s. Barmer Lignite Mining Corp. Ltd. (D.B. Income Tax Appeal No. 84/2018) whereby appeal filed by appellant-revenue was dismissed. In view of above, present appeal stands dismissed in light of aforesaid judgments rendered by this Court. (NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J MANOJ NARWANI /46 (Downloaded on 17/10/2019 at 10:35:30 AM) Powered by TCPDF (www.tcpdf.org) Principal Commissioner of Income-tax, Jaipur- II, Jaipur v. Barmer Lignite Mining Company Ltd