2011 (11) TMI 698 - AT - Income Tax

Summary

Issues involved: Taxation of sales tax subsidy as revenue receipt u/s 143(3) of Income Tax Act, 1961 for assessment year 2005-06.

Summary:
The appeal pertains to the taxation of sales tax subsidy received by the assessee from the Government of Gujarat. The assessee contested the taxability of the subsidy as a revenue receipt, claiming it to be a capital receipt. However, the Tribunal, considering previous rulings and the nature of the subsidy, held that it should be taxed as a revenue receipt. The Tribunal noted that similar issues were raised in earlier assessment years and had been decided against the assessee. The assessee had also filed a declaration u/s 158A(1) of the Income Tax Act, stating that the issues were pending before the High Court and the decision would be applicable to the present appeal. The Assessing Officer confirmed the similarity of legal questions across assessment years. Consequently, the Tribunal directed the Assessing Officer to apply the precedent set by the High Court to the current appeal. Ultimately, the appeal of the assessee was dismissed.

In conclusion, the Tribunal upheld the taxation of the sales tax subsidy as a revenue receipt, following previous rulings and legal declarations made by the assessee regarding the pending legal questions before the High Court.