The Calcutta High Court addressed the nature of a sales tax ...

Sales tax incentive received under the West Bengal Incentive Scheme, held as capital receipt not taxable u/s 41(1).

Case Laws     Income Tax

May 28, 2024

The Calcutta High Court addressed the nature of a sales tax incentive received under the "West Bengal Incentive Scheme, 2000" for industrial promotion. The scheme aimed at industrializing backward areas by providing incentives. The court held that the subsidy received was a capital receipt, not subject to Section 41(1) of the Income Tax Act, 1961. Referring to a previous case, the court emphasized the capital nature of the subsidy. The appellant failed to differentiate this case from a prior judgment on the same scheme. Consequently, the court ruled in favor of the respondent, affirming the subsidy as a capital receipt.

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