- (1.) The marginal delay in preferring the appeal is condoned in view of the good grounds shown.
(2.) Two questions are sought to be raised by the Revenue in this appeal. The first is as to whether the money received under a Central Government subsidy by the assessee had to be regarded as a capital receipt or a revenue receipt. The second question is whether the unabsorbed part of the depreciation of a 100% export-oriented unit could be set off against the depreciation or loss at another unit of the same assessee which is not exempted from tax.
(3.) It is fairly submitted on behalf of the Revenue that the second question has already been answered by this Court in favour of the assessee.;