PCIT v. LG Electronics India (P) Ltd. (2022) 443 ITR 46/ 134 Taxman 329 (Delhi)(HC) Editorial : SLP of the assessee is dismissed; LG Electronics India (P) Ltd v. PCIT (2022) 443 ITR 45 / 285 Taxman 88 (SC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Subsidy-Capital or revenue receipt-Order of Tribunal set aside and the Assessing Officer is directed to pass a fresh order based upon his independent analysis whether the anount received by way of subsidy is a capital or revenue nature. [S. 4]

Allowing the  the appeal of the revenue the Court held that the ITAT has applied its own analysis and set aside the order of the PCIT. High Court  set aside the order of the Tribunal  and the Assessing Officer is directed to pass a fresh order based based upon his independent analysis  whether the amount received by way of subsidy is a capital or revenue nature.

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