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    <title>2013 (7) TMI 763 - GUJARAT HIGH COURT</title>
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    <description>Excise duty refund received as an incentive for industrial development was treated as a capital receipt because the character of a subsidy or refund depends on its purpose. The Tribunal followed binding precedent holding that incentives granted for promoting industry and serving a public purpose are capital in nature, and the Revenue produced no contrary material to displace that finding. The refund was therefore not taxable as a revenue receipt arising from ordinary business operations.</description>
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      <description>Excise duty refund received as an incentive for industrial development was treated as a capital receipt because the character of a subsidy or refund depends on its purpose. The Tribunal followed binding precedent holding that incentives granted for promoting industry and serving a public purpose are capital in nature, and the Revenue produced no contrary material to displace that finding. The refund was therefore not taxable as a revenue receipt arising from ordinary business operations.</description>
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