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Issues involved: Whether cash assistance received by the assessee for promotion and encouragement of exports is taxable business income.
Summary: The High Court of Kerala was presented with the question of whether cash assistance of Rs. 9,79,341 received by the assessee for promoting exports should be considered taxable business income. The cash assistance was provided by the Government of India to aid customers like the assessee in conducting profitable export business. The assessing authority, Commissioner of Income-tax (Appeals), and Income-tax Appellate Tribunal all held that the cash assistance should be treated as income for income-tax assessment purposes. Upon hearing arguments, it was established that the cash assistance, given at 10% of the f.o.b. value of certain tea products, was directly related to the export business conducted by the assessee. The assistance was proportional to the quantity of goods exported and was not designated for a specific purpose. Therefore, the Appellate Tribunal's decision to include the cash assistance in the taxable income of the assessee was deemed justified by the High Court. The court answered the question in the affirmative, ruling in favor of the Revenue and against the assessee. The decision was supported by legal precedents such as Pontypridd and Rhondda Joint Water Board v. Ostime [1946] 14 ITR (Suppl.) 45 (HL), Dhrangadhra Chemical Works Ltd. v. CIT [1977] 106 ITR 473 (Bom), and CIT v. Swadeshi Cotton Mills Co. Ltd. [1980] 121 ITR 747 (All). The case was disposed of, and a copy of the judgment was to be forwarded to the Income-tax Appellate Tribunal, Cochin Bench.
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