$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 12^th February, 2026 + ITA 689/2025 PR. COMMISSIONER OF INCOME TAX, CENTRAL-3, DELHI .....Appellant Through: Mr. Gaurav Gupta, SSC with Mr.

Shivendra Singh, JSC, Mr. Yojit Pareek JSC & Mr. Surya Jindal, Adv.

versus JINDAL SAW LTD. .....Respondent Through: Mr. Rohit Jain, Mr. Saksham Singhal & Mr. Tavish Verma, Advs.

CORAM:

HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VINOD KUMAR

J U D G M E N T

DINESH MEHTA, J. (Oral

1. The present appeal is directed against the order dated 24.09.2024 passed by the learned Income Tax Appellate Tribunal, Bench “B”: New Delhi (hereinafter referred to as “the Tribunal”) whereby the appeal filed by the Revenue was dismissed.

2. The Revenue has proposed the following question of law before this Court in its appeal:

“2.1 Whether on the facts and circumstances of the case, Ld. ITAT is justified in deleting the additional grounds raised by the assessee to claim excise duty refund of Rs.59,68,88,582/- as the assessee has already been treated as revenue receipt in return of income itself ?”

3. While doing so the Tribunal held that the subsidy on the excise duty paid, which the respondent-assesse