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This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-XII, Kolkata dated 01.09.2014 and in the solitary ground raised therein, the Revenue has challenged the action of the Id. CJT(Appeals) in directing the Assessing Officer to treat the interest subsidy received by the assessee as capital receipt not chargeable to tax. we restore this issue to the file of the Assessing Officer for the limited purpose of verifying the issue of utilisation of amount of subsidy in question by the assessee. If it is found by the Assessing Officer on such verification that the subsidy amount in question was utilized by the assessee for the purpose of meeting the interest liability on loans and advances taken by it to set up its plant and machinery, the subsidy incentive could be considered as a capital receipt not chargeable to tax. Otherwise, as observed by the Hon’ble Jurisdictional High Court, it has to be treated as a revenue receipt.

Shanti Prime Publication Pvt. Ltd.

Income Tax Act, 1961—Capital or Revenue receipt — Subsidy amount in question was utilized by the assessee for the purpose of meeting the interest liability on loans and advances taken by it to set up its plant and machinery, the subsidy incentive could be considered as a capital receipt not chargeable to tax — DEPUTY CIT Vs. BSL LTD. [2020] 78 ITR (TRIB) 348 (ITAT-KOLKATA)

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