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The ITAT dismissed the Revenue's appeal and affirmed the CIT(A)'s rulings: the sales-tax/excise incentive granted to the assessee was held to be a capital receipt as it constituted a subsidy to encourage establishment of industry in the earthquake-affected district; disallowances under s.14A read with Rule 8D were deleted insofar as only investments yielding exempt income were to be considered for computation, and the CIT(A)'s reliance on precedent of the Special Bench and High Court was upheld; the TUF subsidy was held to be capital in nature and not taxable; and additions under Explanation 1(f) to s.115JB were to be computed without applying s.14A/Rule 8D. All grounds in Revenue's appeal were dismissed.
The ITAT dismissed the Revenue's appeal and affirmed the CIT(A)'s rulings: the sales-tax/excise incentive granted to the assessee was held to be a capital receipt as it constituted a subsidy to encourage establishment of industry in the earthquake-affected district; disallowances under s.14A read with Rule 8D were deleted insofar as only investments yielding exempt income were to be considered for computation, and the CIT(A)'s reliance on precedent of the Special Bench and High Court was upheld; the TUF subsidy was held to be capital in nature and not taxable; and additions under Explanation 1(f) to s.115JB were to be computed without applying s.14A/Rule 8D. All grounds in Revenue's appeal were dismissed.
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