J.K.RANKA,J. - (1.) These Income Tax Appeals under Section 260A of the Income Tax Act, 1961 (for short, 'Act') raising identical questions of law and which have been admitted by this Court are directed against the order dated 20/06/2008, 30/04/2008, 27/03/2009, 20/08/2010, 03/06/2011, 20/04/2012, 26/02/2014, 28/11/2014, 20/08/2010 & 21/10/2011 respectively passed by the Income Tax Appellate Tribunal, Jaipur Bench (for short, 'Tribunal'). These appeals relate to the assessment year 2003-04, 2004-05, 2005-06, 2006-07, 2007-08, 2008-09 respectively.
(2.) The respondents-assessee's in the aforesaid appeals are two different State Government Undertakings namely; Rajasthan State Ganganagar Sugar Mills Ltd. (RSGSML) and Rajasthan State Beverages Corporation Ltd. (RSBCL) and the questions of law raised and admitted being almost identical in all the appeals, the same are being decided by this common order for the sake of convenience and after taking consent of the parties.
(3.) As regards the appeals filed by the appellant-Revenue against the respondent-assessee (Rajasthan State Ganganagar Sugar Mills Ltd.) are concerned, the first substantial question framed by this Court in those appeals is similar and identical while in two of such appeals the second/additional substantial question was also framed which read ad-infra:- First Substantial Question: "Whether in the facts and circumstances of the case, the Tribunal was justified in law in holding that the excise duty is not leviable as the goods are not transferred and as such the same cannot be added in closing stock contrary to provisions of section 145A of the Act ?" Second/additional Substantial Question: "Whether in the facts and circumstances of the case, the Tribunal was justified in deleting the additions made by the Assessing Officer by way of disallowing Privilege Fee paid by the assessee to Excise Commissioner, Government of Rajasthan despite the fact that it was application of income ?";