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2013 (12) TMI 535 - AT - Income TaxDeduction u/s 80IB Excise Duty Refund Held that - Following Shree Balaji Alloys v. CIT and Another 2011 (1) TMI 394 - Jammu and Kashmir High Court - The Excise Duty refund is to be treated as capital receipt and is not liable to be taxed Decided against Revenue.
Issues:
Appeals against CIT(A) orders for assessment years 2004-05 and 2009-10 regarding deduction u/s 80IB on Central Excise Duty refund. Analysis: The Revenue filed two appeals against CIT(A) orders for different assessment years, but the issue in both appeals was common. The grounds raised by the Revenue questioned the CIT(A)'s decision on the deduction u/s 80IB concerning the treatment of Central Excise Duty refund. The Revenue challenged the CIT(A)'s reliance on the High Court's judgment in a specific case and disagreed with the classification of the receipt as a capital receipt. They also argued that the CIT(A) failed to consider judgments of the Supreme Court and important tests for determining trading receipts. The Revenue contended that the money received was not earmarked for substantial industry expansion. The parties agreed that the issue was settled in favor of the assessee by a High Court decision where Excise Duty refund was treated as a capital receipt not subject to tax. The Tribunal reviewed the arguments, acknowledging the issue pertained to the deduction under section 80IB on Excise Duty Refund. It noted that the matter had already been decided in favor of the assessee by the Jurisdictional High Court's decision, treating the Excise Duty refund as a capital receipt not taxable. The first appellate authority had also ruled in favor of the assessee based on the same High Court decision. Consequently, the Tribunal upheld the decisions of the High Court and CIT(A), dismissing both appeals filed by the Revenue. In conclusion, the Tribunal found that the issue of Excise Duty refund treatment as a capital receipt had been conclusively settled by the High Court's decision, which was consistently followed by the CIT(A) and upheld by the Tribunal. The appeals were dismissed in favor of the assessee based on the precedent set by the High Court's judgment, determining the nature of the Excise Duty refund and its non-taxable status as a capital receipt.
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