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The captioned bunch of appeals have been preferred by the assessee & Revenue against the separate orders of the Commissioner of Income Tax(A), Patiala [hereinafter referred to as 'CIT(A)'] dated 31/3/2013 (ITA Nos. 366/Chd/2013), dated 28.3.2014 (ITA Nos. 583, 584, 589 & 590/Chd/2014), dated 21/3/2013 (ITA No. 585/Chd/2013) and dated 30.8.2016 (ITA No. 1101/Chd/2016).

ITA Nos..366/Chd/2013, 583 to 584 & 589 to 590/Chd/2014,585/Chd/2013 587/Chd/2014 & 1101/Chd/2016- H.M. Steels & Padmawati Steel Ltd., Sangrur

2. Since almost identical issues have been raised in the aforesaid appeals, they were heard together and are being disposed of by this common and consolidated order. For the sake of convenience, the facts are taken from the appeal of the assessee in ITA No. 366/Chd/2013 (for assessment year 2008-09).

3. The assessee in its appeal (ITA No. 366/Chd/2013) has taken the following grounds:-

1. That the impugned appellate order is bad both on facts and law.
2. That the learned Appellate Authority wrongly and illegally confirmed the disallowance of deduction U/s 8OIC by an amount of Rs. 1,70,78,838/- being received as transport subsidy to reimburse the excess transport expenses incurred on transportation of raw material & finished goods in the hilly areas ignoring the submissions, pleading and evidence on record or alternatively should be treated as capital receipt being non-taxable.

ITA Nos..366/Chd/2013, 583 to 584 & 589 to 590/Chd/2014,585/Chd/2013 587/Chd/2014 & 1101/Chd/2016- H.M. Steels & Padmawati Steel Ltd., Sangrur

6. It is prayed that the order of Ld. CIT(A) be set aside and that of the AO restored

7. The appellant craves leave to add or amend any grounds of appeal before the appeal is heard and finally disposed of.

21. Ground Nos. 1, 2, 3 & 4 : As regarding these grounds are concerned, in view of our findings given above while deciding ITA No. 366/Chd/2013 vide grounds No.2, 3 & 5 of the appeal of the assessee, these issues are accordingly decided in favour of the assessee.

51. Apart from above, the assessee has taken following additional ground of appeal :-

That the amount VAT Deferment of Rs. 25,53,547/- may be excluded while computing book profits u/s 115JB as being the capital receipt and not liable to tax in view of the proposition laid down in the case of Shree Balaji Alloys & Ors.

52 The issue raised in this additional ground has already been dealt w i t h a n d a d j u d i c a te d b y u s i n f a v o u r o f t h e a s se s s e e wh i l e d e c i d i n g t he ITA Nos..366/Chd/2013, 583 to 584 & 589 to 590/Chd/2014,585/Chd/2013 587/Chd/2014 & 1101/Chd/2016- H.M. Steels & Padmawati Steel Ltd., Sangrur additional ground of appeal raised in ITA No. 366/Chd/2013. This g r o u n d i s a c c o r d i ng l y d e c i d e d i n f a vo u r o f t h e a s s e s s e e.