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    <title>2022 (9) TMI 247 - ITAT DELHI</title>
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    <description>The Tribunal allowed the appeal, ruling in favor of the assessee and considering the sales tax incentive as a capital receipt. The Tribunal emphasized that the subsidy was meant for capital outlay for industrial modernization and expansion, not for day-to-day profitability. The decision was based on the purpose of the subsidy and its direct nexus with capital investment, leading to the conclusion that the incentive was indeed capital in nature. The Tribunal rejected adverse observations by the CIT(A) and disregarded the Finance Act, 2015 amendment as prospective, highlighting the importance of the purpose of subsidies in determining their character.</description>
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    <pubDate>Wed, 31 Aug 2022 00:00:00 +0530</pubDate>
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      <title>2022 (9) TMI 247 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=427302</link>
      <description>The Tribunal allowed the appeal, ruling in favor of the assessee and considering the sales tax incentive as a capital receipt. The Tribunal emphasized that the subsidy was meant for capital outlay for industrial modernization and expansion, not for day-to-day profitability. The decision was based on the purpose of the subsidy and its direct nexus with capital investment, leading to the conclusion that the incentive was indeed capital in nature. The Tribunal rejected adverse observations by the CIT(A) and disregarded the Finance Act, 2015 amendment as prospective, highlighting the importance of the purpose of subsidies in determining their character.</description>
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