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2011 (1) TMI 394 - HC - Income TaxDeductions u/s 80-IB - Capital or revenue receipt - Notification No. 1(11)/2002-NER dated October 22, 2002 - All new industries in the notified locations were eligible for capital investment subsidy at 15 per cent. of their investment in plant and machinery, subject to a ceiling of ₹ 30 lakhs whereas the existing units were entitled to subsidy on substantial expansion, as defined - The exemption contained in this notification shall apply to any of the said units for a period not exceeding ten years from the date of publication of this notification in the Official Gazette or from the date of commencement of commercial production whichever is later - looking to the purpose, of eradication of the social problem of unemployment in the State by acceleration of the industrial development and removing backwardness of the area that lagged behind in industrial development, which is certainly a purpose in the public interest, the incentives provided by the office memorandum and statutory notifications issued in this behalf, to the appellants-assessees, cannot be construed as mere production and trade incentives, as held by the Tribunal - Held that receipt are capital receipt - Decided in the favour of the assessee
Issues Involved:
1. Whether the excise refund and interest subsidy received by the appellants-assessees are capital receipts and thus not liable to tax, or revenue receipts as opined by the authorities under the Income-tax Act, 1961. 2. Whether the appellants-assessees are entitled to deductions under section 80-IB of the Act on the excise duty refund and interest subsidy if these are found to be revenue receipts. Detailed Analysis: Issue 1: Nature of Excise Refund and Interest Subsidy The primary issue was whether the excise refund and interest subsidy received by the appellants-assessees under the New Industrial Policy for the State of Jammu and Kashmir were capital receipts or revenue receipts. The Income-tax Appellate Tribunal (ITAT) had previously determined these incentives to be revenue receipts, thus taxable. The ITAT based its decision on several factors: - The industrial units were already established. - The incentives were available only after commercial production commenced. - The incentives were recurring and limited to ten years. - The incentives were not given for purchasing capital assets. - The incentives aimed at market accessibility and profitability. The appellants contended that the ITAT misinterpreted the purpose of the incentives, arguing that these were capital receipts intended to foster industrial development and employment in Jammu and Kashmir. The court examined the intent and purpose of the New Industrial Policy and related notifications, emphasizing the policy's dual objectives: accelerating industrial development and generating employment. The court referred to the Supreme Court's judgments in Sahney Steel & Press Works Ltd. v. CIT and CIT v. Ponni Sugars & Chemicals Ltd., which established the "purpose test" for determining the nature of subsidies. The court noted that the ITAT failed to appreciate the policy's purpose of addressing unemployment through industrial development, thus misinterpreting the incentives as production incentives. The court concluded that the incentives aimed at creating a new industrial environment and permanent employment opportunities, serving a public interest purpose. Therefore, these incentives were capital receipts, not production incentives, and thus not taxable as revenue receipts. Issue 2: Deductions under Section 80-IB Given the court's finding that the incentives were capital receipts, there was no need to address the second issue regarding deductions under section 80-IB of the Act. Conclusion: The court set aside the ITAT's finding that the incentives were revenue receipts, holding them to be capital receipts. Consequently, the appeals were allowed, and the ITAT's orders were set aside. The appellants' appeals before the ITAT were revived for passing appropriate consequential orders in accordance with the court's findings. No orders as to costs were made.
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