2008 (1) TMI 931 - HC - Income Tax

Court rules sum received by Assessee Corporation taxable income under Income-tax Act

National Small Industries Corporation Ltd. Versus Commissioner of Income-tax, Delhi-III

The Court held that the sum received by the Assessee Corporation from the Government of India constituted taxable income under section 41 of the ... - Issues:The issue involves the interpretation of whether the sum received by the Assessee Corporation from the Government of India constitutes income under section 41 of the Income-tax Act, 1961.Summary:The Assessee-Corporation, formed by the Government of India to assist small scale industries, incurred losses due to exchange rate fluctuations. The Government reimbursed the Assessee-Corporation with a sum of Rs. 272.94 lakhs to cover these losses. The Assessing Officer treated this reimbursement as taxable income under section 41 of the Act. The Assessee appealed, arguing that the sum was on capital account and not part of trading operations. The Tribunal upheld the taxability, stating that the reimbursement was on revenue account. The Assessee cited precedents to support their position, while the Revenue argued that the reimbursement was taxable under section 41. The Court analyzed section 41 and concluded that the reimbursement constituted income chargeable to tax, affirming the Tribunal's decision.In a separate judgment, the Court distinguished previous cases where subsidies were held to be capital receipts, emphasizing the specific circumstances of the present case. The Court also referenced the Apex Court decision in Polyflex (India) (P.) Ltd., outlining the conditions under section 41(1) for amounts to be deemed as profits chargeable to tax. Ultimately, the Court upheld the taxability of the sum received by the Assessee Corporation under section 41 of the Act, ruling in favor of the Revenue and against the Assessee.