2011 (6) TMI 794 - AT - Income Tax

Summary

Issues involved: Appeal against CIT(A) order for assessment year 2006-07. Grounds include treatment of excise duty refund and interest subsidy as capital receipts not liable to tax u/s 80-IB.

Excise Duty Refund and Interest Subsidy as Capital Receipts:
The assessee, a partnership firm engaged in manufacturing, received excise duty refund and interest subsidy during the relevant year. The AO treated these amounts as revenue receipts, disallowing deduction u/s 80-IB. CIT(A) upheld this decision based on a Tribunal order. The issue was whether these amounts were capital or revenue receipts. The J & K High Court, in a separate judgment, held that the incentives provided were for creating new assets and employment opportunities, serving a public purpose. The Court concluded that the excise duty refund and interest subsidy were capital receipts, not liable to tax. Following this judgment, ITAT Amritsar allowed the appeal, holding the amounts as capital receipts not taxable u/s 80-IB.

Consequential Grounds and Partial Allowance:
Other grounds related to the eligibility of excise duty refund and interest subsidy for deduction u/s 80-IB were not adjudicated as the main issue was decided in favor of the assessee. The ground concerning interest u/s 234B was deemed consequential and decided accordingly. The appeal was allowed partly based on the above findings.

This judgment by ITAT Amritsar clarified the treatment of excise duty refund and interest subsidy as capital receipts, following the decision of the J & K High Court. The amounts were held not liable to tax u/s 80-IB, resulting in the partial allowance of the appeal for the assessment year 2006-07.