2022 (10) TMI 1032 - AT - Income Tax

Nature of receipt - Sales Tax Subsidy - revenue or capital receipt - MAT Computation u/s 115JB - HELD THAT - Undisputedly, assessee company has received an amount on account of sales tax exemption benefit. The assessee company by relying upon the decision rendered in case of DCIT vs. Reliance Industries Ltd. 2003 (10) TMI 255 - ITAT BOMBAY-J sought to treat the sales tax incentives received as capital receipt in nature, which plea has not been accepted by the AO who has proceeded to treat the sales tax subsidy as revenue receipt in the hands of the assessee. We direct the AO not to add sales tax subsidy received by the assessee, which is in the nature of capital receipt while computing the book profit u/s 115JB.

Summary

Issues:
1. Treatment of sales tax subsidy as capital receipt.
2. Exclusion of sales tax subsidy from profit while computing book profit under section 115JB of the Income Tax Act.

Analysis:

Issue 1: Treatment of sales tax subsidy as capital receipt:
The appeal involved cross appeals from the Revenue and the assessee regarding the treatment of sales tax subsidy as a capital receipt. The Revenue contended that the subsidy should be treated as a revenue receipt, while the assessee argued for its classification as a capital receipt. The dispute arose from the AO's decision to treat the subsidy as revenue, resulting in an assessment of Rs. 98,71,86,649. The Ld. PCIT(A) allowed the appeal filed by the assessee, prompting both parties to approach the Tribunal. The Tribunal analyzed previous decisions, including those by the Special Bench of the Tribunal, the Hon'ble Bombay High Court, and the Hon'ble Supreme Court, to determine the nature of the subsidy. The Tribunal upheld the Ld. PCIT(A)'s decision, considering the legal precedents and the facts of the case. The Revenue's argument that the Special Bench's order had been set aside by the Supreme Court was deemed misplaced, as the Tribunal found no illegality or perversity in the Ld. PCIT(A)'s decision. Therefore, the Tribunal upheld the treatment of the sales tax subsidy as a capital receipt.

Issue 2: Exclusion of sales tax subsidy from profit while computing book profit under section 115JB:
The assessee filed a cross appeal seeking to set aside the Ld. PCIT(A)'s decision not to direct the AO to exclude the sales tax subsidy from the profit while computing the book profit under section 115JB of the Act. The Tribunal referred to a decision by the Hon'ble Bombay High Court in a similar case, where it was held that the subsidy received was a capital receipt and should not be added to arrive at book profits. Relying on this precedent, the Tribunal directed the AO not to add the sales tax subsidy, considered a capital receipt, while computing the book profit under section 115JB of the Act. Consequently, the appeal filed by the Revenue was dismissed, while the appeal filed by the assessee was allowed.

In conclusion, the Tribunal's judgment clarified the treatment of sales tax subsidy as a capital receipt and addressed the exclusion of the subsidy from profit calculations under section 115JB of the Income Tax Act, providing a comprehensive analysis based on legal precedents and factual considerations.