Mumbai ITAT rules that the
Industrial Promotion Subsidy (IPS) received by assessee (a subsidiary of
Mahindra & Mahindra Ltd.) during AY 2012-13 constitutes a non-taxable
capital receipt; Noting that assessee had started commercial production in
January, 2010, AO had held that the subsidy received was on revenue account as
the object of the subsidy received after the commencement of production was to
enable assessee to run the business more profitably in lieu of the
industry/unit set up by it in a particular area; Rejecting Revenue's stand,
ITAT refers to the object of the scheme under which assessee was granted
subsidy, notes that the incentive was granted not for carrying on day-to-day
business of the unit more profitably but to provide impetus to the process of
dispersal of industries to backward areas; Furthermore clarifies that the sales
tax payment is only a yardstick to determine the quantum of incentive and
cannot be construed as to mitigate the operational cost of the business;
Distinguishes Revenue’s reliance on SC ruling in Sahney Steel & Press Works
Ltd. and Delhi HC ruling in Bhushan Steels & Strips Ltd. On facts, relies
on SC ruling in Ponni Sugars & Chemicals Ltd.:ITAT
Subscribe to:
Post Comments (Atom)
New Customs Scheme for Manufacturing Sector
The Regulations enable an Authorized Importer to clear the imported goods directly from port to its manufacturing unit (‘ Authorised Premi...
-
Direct Tax · No change in the rate of corporate tax including surcharge & cess.
-
Buyback is an important provision related to Share Capital of a company. Rule 17 of the Companies Act set out norms for buyback...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
The Input Service Distributor (ISD) mandate, introduced in the Union Budget 2024, will take effect from April 1, 2025, as per amendments to ...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
The Union Budget 2025 introduces significant amendments to transfer pricing (TP) regulations under the Income Tax Act. These changes focu...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
The Income Tax Department has developed the latest JAVA base ITR Forms utility. ITR-1 (Sahaj) and ITR-4S (Subam) JAVA base utility has ...
-
Sr No Due Date Related to Compliance to be made 1 11.02.2025 GST ...
No comments:
Post a Comment