Supreme Court · 1997 INSC 664 · Decided 19 September 1997

M/S. Sahney Steel and Press Works LTD., Hyderabad Etc, ETC. v. Commissioner of Income Tax, Andhra Pradesh-I, Hyderabad

Court
Supreme Court of India
Citation
1997 INSC 664 · [1997] SUPP. 4 S.C.R. 189
Case number
CIVIL APPEAL No. 2193/1985
Decided
19 September 1997
Bench
S.C. SEN, D.P. WADHWA (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Income Tax Act Section 28, 41

Headnote

A B Income Tax Act, 1961-Sections 28, 41-Subsidy-Whether taxable- C Determination of nature-Subsidy granted by State Government for jive years from the date of co_mmencement of production-All incentives are production incentives, to be given only after start of production-Held, object of subsidy manner or source of payment--,-lncentives like sales tax refand, electricity charges were intended to enable the assessee to run business more profitably and not for the purpose of selling the business-Hence, the D subsidies are operational subsidies and not capital subsidies and are of revenue

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