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    <title>2011 (9) TMI 561 - ITAT JAIPUR</title>
    <link>https://www.taxtmi.com/caselaws?id=210594</link>
    <description>ITAT Jaipur held that the assessee&#039;s sales tax incentive was a capital receipt, as the subsidy&#039;s purpose was to encourage setting up/expansion of industrial units, not to supplement trading receipts. Accordingly, deletion of the addition by CIT(A) was upheld and the Revenue&#039;s ground dismissed. The Tribunal refused to entertain the Revenue&#039;s new contention under s. 43(1) regarding non-reduction of the subsidy from the cost of assets, as it did not arise from the original or additional grounds and no leave was sought. The sales tax incentive, being a capital receipt, was excluded from book profit under s. 115JB. Transfer for capital gains was recognized even without registration.</description>
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    <pubDate>Fri, 09 Sep 2011 00:00:00 +0530</pubDate>
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      <title>2011 (9) TMI 561 - ITAT JAIPUR</title>
      <link>https://www.taxtmi.com/caselaws?id=210594</link>
      <description>ITAT Jaipur held that the assessee&#039;s sales tax incentive was a capital receipt, as the subsidy&#039;s purpose was to encourage setting up/expansion of industrial units, not to supplement trading receipts. Accordingly, deletion of the addition by CIT(A) was upheld and the Revenue&#039;s ground dismissed. The Tribunal refused to entertain the Revenue&#039;s new contention under s. 43(1) regarding non-reduction of the subsidy from the cost of assets, as it did not arise from the original or additional grounds and no leave was sought. The sales tax incentive, being a capital receipt, was excluded from book profit under s. 115JB. Transfer for capital gains was recognized even without registration.</description>
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      <pubDate>Fri, 09 Sep 2011 00:00:00 +0530</pubDate>
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