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    <title>2013 (7) TMI 655 - GUJARAT HIGH COURT</title>
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    <description>The High Court determined that the Sales Tax exemption granted to the assessee was a capital receipt, not chargeable to tax, under the Sales Tax Waiver/Deferment scheme. The incentives aimed to promote industrial development through modernization, requiring substantial investments in new processes and machinery. The High Court applied established principles that subsidies assisting in business setup or expansion are capital receipts, while those aiding in business operations are revenue receipts. As the incentives were linked to fixed capital investment for modernization purposes, they were deemed capital receipts, upholding the Tribunal&#039;s decision and dismissing the Revenue&#039;s appeals.</description>
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    <pubDate>Tue, 12 Feb 2013 00:00:00 +0530</pubDate>
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      <title>2013 (7) TMI 655 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=235497</link>
      <description>The High Court determined that the Sales Tax exemption granted to the assessee was a capital receipt, not chargeable to tax, under the Sales Tax Waiver/Deferment scheme. The incentives aimed to promote industrial development through modernization, requiring substantial investments in new processes and machinery. The High Court applied established principles that subsidies assisting in business setup or expansion are capital receipts, while those aiding in business operations are revenue receipts. As the incentives were linked to fixed capital investment for modernization purposes, they were deemed capital receipts, upholding the Tribunal&#039;s decision and dismissing the Revenue&#039;s appeals.</description>
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      <pubDate>Tue, 12 Feb 2013 00:00:00 +0530</pubDate>
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