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1 - 10 of 23 (0.59 seconds)Section 14A in The Income Tax Act, 1961 [Entire Act]
Section 80IB in The Income Tax Act, 1961 [Entire Act]
Cit vs M/S Meghalaya Steels Ltd on 9 March, 2016
He
submitted, in case of Meghalaya Steels Ltd. (supra), Hon'ble
Gauwahati High Court has not properly appreciated the reasoning of
Liberty India Ltd. (supra), hence, the said decision cannot be applied
to the facts of the present case.
The Income Tax Act, 1961
Commissioner Of Income-Tax vs Rajaram Maize Products on 23 August, 2001
while coming to such conclusion referred to the decision of the Hon'ble
Supreme Court in CIT v/s Rajaram Maize Products, [2001] 251 ITR
457 (SC) and observed, power subsidy is meant to enable a person
meet a certain percentage of expenditure on power and is, therefore,
revenue in nature. Further, it was observed, though, the subsidy is
revenue in nature fact remains it not only helps in growth on industrial
undertaking but also helps an industrial undertaking to earn profit and
make gains. Such a subsidy though revenue in nature and taxable
accordingly, is nonetheless covered by the provisions embodied in
section 80IB/80IC. The High Court referring to Explanation-10 to
section 43(1) held, if any portion of costs of asset is made by any
subsidy grant or reimbursement, then such a subsidy grant or
reimbursement would go on to reduce the costs of such asset and
depreciation to the assessee will be allowed on the reduced costs.
Similarly, the subsidy such as transport subsidy or power subsidy
when goes on to reduce the cost of transportation of goods whether
raw material or finished goods, then it will result in profit, hence, the
assessee would be entitled to deduction under section 80IB/80IC.
Cheminvest Limited vs Commissioner Of Income Tax-Vi on 2 September, 2015
In case of Cheminvest Ltd. v/s CIT, [2015] 61
28
Godrej Consumer Products Ltd.
Asea Brown Boveri Ltd vs Industrial Finance Corporation Of ... on 27 October, 2004
Brown Boveri Ltd. v/s Industrial Finance Corp. of India, [2006] 154
Taxman 512 (SC), the Assessing Officer held, the lease rental of `
10,53,374, is a capital expenditure, hence, not allowable. However, he
allowed depreciation @ 15% on such amount. Though, assessee
challenged the disallowance before the learned Commissioner
(Appeals), he confirmed the same.
M/S Liberty India vs Commr.Of Income Tax,Karnal on 31 August, 2009
He
submitted, in case of Meghalaya Steels Ltd. (supra), Hon'ble
Gauwahati High Court has not properly appreciated the reasoning of
Liberty India Ltd. (supra), hence, the said decision cannot be applied
to the facts of the present case.
Goetze (India) Ltd. vs Cit on 24 March, 2006
39. We have considered the submissions of the parties in the light of
the case laws relied upon and perused the material available on
record. As could be seen from the assessment order as well as the
order of the first appellate authority, assessee's claim was not
considered only for the reason that it was not made through a revised
return of income. However, as held by the Hon'ble Supreme Court in
Goetz India Ltd. (supra), restriction imposed therein for not
entertaining a claim otherwise by way of revised return of income is
34
Godrej Consumer Products Ltd.