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Issues:
1. Whether cash subsidy granted by the Government of Andhra Pradesh to film producers is meant for defraying production costs? 2. Whether the Tribunal was correct in deleting the cash subsidy received by the assessee based on previous court decisions and without considering the subsequently inserted provisions of rule 9A of the Income-tax Rules? Analysis: In the present case, the Commissioner of Income-tax, Andhra Pradesh-I, Hyderabad, sought reference of questions related to two income-tax cases under section 256(2) of the Income-tax Act, 1961. The issues revolved around the correctness of the Tribunal's decision regarding the cash subsidy granted by the Government of Andhra Pradesh to film producers and the deletion of such subsidies from the assessee's income. The Tribunal based its decision on the precedent set by the Andhra Pradesh High Court in CIT v. Chitra Kalpa [1989] 177 ITR 540, which deemed the subsidy as a capital asset meant to defray production costs. This decision distinguished an earlier case, CIT v. Sahney Steel and Press Works Ltd. [1985] 152 ITR 39, by highlighting the nature of the subsidy and its purpose. The Tribunal's reliance on these judgments led to the deletion of the cash subsidy from the assessee's income. The court acknowledged the argument presented by the Income-tax Department's standing counsel regarding the applicability of rule 9A of the Income-tax Rules. However, the court noted that the effect of rule 9A was not considered by the Tribunal or the Division Bench in the previous cases cited. The court highlighted that the proviso to rule 9A, which could potentially support the Revenue's position, was inserted after the relevant assessment years in question. Therefore, the court found it contentious to rely on rule 9A without considering the proviso, especially since it was not raised or decided by the Tribunal. Consequently, the court declined to direct a reference of the question related to rule 9A in the applications. Ultimately, the court dismissed both income-tax cases, emphasizing that the questions raised did not warrant a reference in light of the unresolved issues surrounding rule 9A and its applicability during the relevant assessment years. The judgment concluded by stating that no costs were to be awarded in this matter.
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