In the return of income the assessee has shown the subsidy as revenue receipt. On appeal before Tribunal, assessee raised an additional ground that excise duty, subsidy and interest subsidy received by it from State under ‘New Industrial Policy and Other Concessions Scheme’ were to be treated as capital receipt. Tribunal admitted said additional ground raised by assessee and allowed excise duty, subsidy and interest subsidy to be treated as capital receipts. On appeal the Revenue contended that Tribunal had wrongly admitted additional ground raised by assessee. Tribunal dismissed the appeal of the Revenue and affirmed the order of the Tribunal. (AY.2011-12)
PCIT v. Crystal Crop Protection (P.) Ltd. (2022) 289 Taxman 289 (Delhi)(HC)
S. 254(1) : Appellate Tribunal-Powers-Additional grounds-Excise duty, subsidy-Shown as revenue receipt-Tribunal was justified in admitting additional grounds. [S. 4]