Pre-trial bail granted where custodial period, documentary prosecution, and magistrate-triable offence favor release subject to surety and no witness ...
Allowability of Salary Exemptions: Form 16 entries can substantiate HRA and other salary exemptions, and home loan interest is deductible for a self-o...
Capital gains exemption: payment for plot, architect fees and bona fide commencement of construction can satisfy utilisation requirement and secure re...
Classification of a sales tax subsidy was determined by the purpose test: where an exemption is designed to encourage fixed capital investment and employment, linked to capital outlay and available for a limited period, its dominant object is to promote capital formation and not recurring operations. Time or manner of receipt is immaterial; the subsidy operates as an incentive for capital investment. Applying this principle, the court concluded the subsidy is a capital receipt and not taxable as revenue, and the challenge to retention by the assessee was rejected.
Classification of a sales tax subsidy was determined by the purpose test: where an exemption is designed to encourage fixed capital investment and employment, linked to capital outlay and available for a limited period, its dominant object is to promote capital formation and not recurring operations. Time or manner of receipt is immaterial; the subsidy operates as an incentive for capital investment. Applying this principle, the court concluded the subsidy is a capital receipt and not taxable as revenue, and the challenge to retention by the assessee was rejected.
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