Dismissing the appeal of the revenue the Court held that the amount received by the assessee from the State Government in the form of grant-in-aid utilised for clearing the salary and provident fund dues and flood relief was capital in nature. There was no separate business consideration on record between the grantor-State Government and the recipient-assessee. Since flood relief did not constitute part of the business of the assessee, the funds extended for flood relief could not constitute revenue receipt. (AY.2006 -07)
PCIT v. State Fisheries Development Corporation Ltd. (2019) 414 ITR 443 (Cal)(HC) Editorial: PCIT v. State Fisheries Development Corporation Ltd. ( 2019) 411 ITR 4 (St)
S. 4 : Charge of income-tax–Capital or revenue-Grant in aide– Disbursement of salaries and flood relief-Protect the functioning of the assessee-Held to be capital receipt. [S. 28(i)]