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    <title>1999 (3) TMI 62 - CALCUTTA High Court</title>
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    <description>The dominant issue was whether additional realisation from an additional free-sale sugar quota under an incentive scheme constituted a capital or revenue receipt for income-tax purposes. The HC held that the character of the incentive depends on its purpose: a subsidy linked to meeting day-to-day operational costs is revenue, whereas an incentive intended to meet the cost of acquiring/expanding capital assets is capital. As the incentive was admittedly earmarked for repayment of term loans taken from central financial institutions for expansion of plant and machinery, it was treated as a diversion of income towards capital investment. Applying SC jurisprudence on purpose-based classification of subsidies, the HC upheld the Tribunal&#039;s view and held the receipt to be capital in nature.</description>
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      <title>1999 (3) TMI 62 - CALCUTTA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=16137</link>
      <description>The dominant issue was whether additional realisation from an additional free-sale sugar quota under an incentive scheme constituted a capital or revenue receipt for income-tax purposes. The HC held that the character of the incentive depends on its purpose: a subsidy linked to meeting day-to-day operational costs is revenue, whereas an incentive intended to meet the cost of acquiring/expanding capital assets is capital. As the incentive was admittedly earmarked for repayment of term loans taken from central financial institutions for expansion of plant and machinery, it was treated as a diversion of income towards capital investment. Applying SC jurisprudence on purpose-based classification of subsidies, the HC upheld the Tribunal&#039;s view and held the receipt to be capital in nature.</description>
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