Dy. Cit, Special Range 18 vs Reliance Industries Ltd. on 23 October, 2003
17. Ground No. 1 is regarding treatment of sales-tax collection
should have bee held to be capital receipt on account of subsidy
granted by the Government for setting up of industries. Similar
issue was decided by this Bench in ITA NO 917/H/2009(supra) ,
wherein we set aside the issue to the file of the AO to consider
whether the present subsidy scheme enjoyed by the Assessee is
identical with that of the scheme framed by the Government of
Maharashtra in 1979, considered by the Mumbai Special bench
in the case of CIT v Reliance Industries Ltd (88 ITD 273) which
was confirmed by the Bombay High Court in CIT v Reliance
Industries Ltd 2010-TIOL-228-HC-MUM-IT supra and if so treat
it as a capital receipt. In the result the appeal of the Revenue on
this issue is treated as allowed for statistical purposes.