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    <title>2008 (9) TMI 14 - Supreme Court</title>
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    <description>SC held the incentive subsidy paid under the Scheme was capital in nature, not revenue, because receipt was conditioned on repayment of term loans for setting up/expanding units; that question answered for the assessee against the Department. However, entitlement to exemption under s.80P(2)(a)(i) requires factual proof that the co-operative carried on specified businesses (e.g., banking/credit), which the Tribunal had not examined. The High Court judgments were set aside and matters remitted to the Tribunal for de novo consideration; appeals by the Department were partly allowed.</description>
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      <title>2008 (9) TMI 14 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=30719</link>
      <description>SC held the incentive subsidy paid under the Scheme was capital in nature, not revenue, because receipt was conditioned on repayment of term loans for setting up/expanding units; that question answered for the assessee against the Department. However, entitlement to exemption under s.80P(2)(a)(i) requires factual proof that the co-operative carried on specified businesses (e.g., banking/credit), which the Tribunal had not examined. The High Court judgments were set aside and matters remitted to the Tribunal for de novo consideration; appeals by the Department were partly allowed.</description>
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