CIT v. Birla Corporation Ltd. (2024) 159 taxmann.com 632 / 336 CTR 595 (Calcutta) (HC)

S. 4 : Charge of income-tax-Exemption from payment of tax under exemption certificate issued under section 4A of on turnover of sales-Not subsidy-Assessable as revenue receipt. [S. U.P. Trade Tax Act, 1948, S.4A]

Assessee availed exemption from payment of tax under exemption certificate issued under section 4A of U.P. Trade Tax Act, 1948 on turnover of sales and claimed amount representing tax exemption component as capital receipt.  Assessing Officer treated aforesaid amount of tax component as revenue receipt.  Appellate Authority allowed claim of assessee. On appeal by the Revenue the Court held that   since section 4A of U.P. Trade Tax Act, 1948 clearly indicated that exemption from tax on turnover of sales was not a subsidy granted by Government and section 4A had not authorised assessee either to collect tax component on exempted sales or to retain it, aforesaid amount of tax component was a revenue receipt in hands of assessee and it could not be treated as capital receipt.  (AY. 2001-02 to 2005-06)