Assessee-company sold its godown situated in an urban area and which had been relocated in a non-urban area, and claimed deduction . AO held that property sold by assessee was only a godown and used for storing fireworks and held that it could not be interpreted to mean an industrial undertaking. Accordingly the claim was disallowed . Tribunal allowed the claim of the assessee . On appeal High Court held that the AO failed to take note of vital factor, namely, that property which was sold by assessee was a magazine and as per scheme of Explosive Act, 1884, a magazine would be equivalent to a godown and qualify to be a place used for purpose of business of an industrial undertaking and, thus, assessee was eligible deduction . ( AY. 2014 -15)
PCIT v. Standard Fireworks ( P ) Ltd (2020) 122 taxmann.com 91 (Mad.)( HC) Editorial : SLP of revenue is dismissed ( 2021) PCIT v. Standard Fireworks ( P ) Ltd ( 2021 276 Taxman 190 (SC)
S. 54G : Capital gains – Shifting of industrial undertaking from urban area – Sale of magazine and as per scheme of Explosive Act, 1884 a magazine would be equivalent to a godown and qualify to be a place used for purpose of business of an industrial undertaking- Eligible to claim deduction on sale of godown in an urban area.[ S.45, Explosive Act, 1884 ]