- (1.) The subject matter of challenge is a judgment and order dated 20th March, 2009 passed by the learned Income Tax Appellate Tribunal, "C" Bench, Kolkata in ITA No.694(Kol) of 2008 pertaining to the assessment year 2004-05 by which the learned Tribunal allowed the appeal preferred by the assessee.
(2.) The aggrieved revenue has come up in appeal.
(3.) The following questions of law has been suggested by the revenue:- "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in deleting the addition of L 3,60,20,761/- being excise subsidy received to the book profits, as a reserve according to Explanation (b) to Section 115JB of the Income Tax Act, 1961 ?";