Sales tax incentives for establishing industrial units in developing areas ruled capital receipts under purpose test

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The HC held that sales tax incentives received by the assessee under 1979 and 1983 state government schemes constituted capital receipts not chargeable to tax. Applying the "purpose test," the court determined the incentives were granted specifically for establishing new industrial units in developing areas to promote industrialization, not for enabling profitable business operations. The adjustment of incentives against sales tax liability upon production commencement did not alter the scheme's fundamental purpose. The court relied on precedents from Ponni Sugars & Chemicals Ltd. and Chaphalkar Brothers cases. Additionally, foreign exchange losses on balance sheet date were allowed as deductible expenditure under Section 37(1), following Woodward Governor India precedent. Decision favored the assessee against revenue.....