2011 (12) TMI 588 - AT - Income Tax

Summary

Issues involved: The judgment involves the issue of Excise Duty refund claimed as exempt under Section 80IB of the Income-tax Act, 1961.

Summary:
1. The common grounds of appeals revolve around the Excise Duty refund claimed as exempt under Section 80IB of the Income-tax Act, 1961. The Assessing Officer (AO) disallowed the claim, stating that the receipts on account of Excise Duty refund were not eligible for deduction u/s 80IB.

2. The Ld. CIT(A) allowed the relief based on the decision of the Hon'ble Jurisdictional High Court, treating the Excise Duty refund as a 'capital receipt' not liable to be taxed. The Revenue appealed against this order before the Tribunal.

3. The Tribunal found that the issue was in favor of the assessee based on the High Court's decision. The High Court discussed the new industrial policy's objectives, emphasizing the generation of employment in Jammu and Kashmir through industrial development.

4. The High Court concluded that the Excise Duty refund, interest subsidy, and insurance subsidy were not production incentives but capital receipts, following the law laid down by the Supreme Court. Therefore, the Tribunal upheld the Ld. CIT(A)'s order treating the Excise Duty refund as a 'capital receipt.'

5. Following the High Court's judgment, the Tribunal dismissed all thirty appeals filed by the Revenue, confirming that the Excise Duty refund is a 'capital receipt' in the hands of the assessee and not subject to taxation.

6. The order was pronounced on 9th December 2011 by the Appellate Tribunal ITAT Amritsar, with the appeals being disposed of collectively due to a common issue for convenience.