CIT v. Meghalaya Steels Ltd.

383 ITR 217Supreme Court of India2016#450 most cited

What is CIT v. Meghalaya Steels Ltd. authority for?

Subsidies and excise duty refunds that are accounted for in the Profit and Loss account are revenue in nature, form part of business income, and are eligible for deductions under Section 80IB/80IC. Such receipts cannot be reduced from the block of assets for depreciation calculation.

203

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. Meghalaya Steels Ltd. · Section 80IB · Section 80IC · subsidy · excise duty refund · revenue receipt · business income · depreciation · P&L account

Issues it is cited on

Judgments citing CIT v. Meghalaya Steels Ltd.

M/S. Abhisar Buildwell Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal of the assessee is allowed

ITA 4990/DEL/2014[2010-11]Status: DisposedITAT Delhi28 Nov 2018AY 2010-11

Bench: Sh. N. K. Saini, Hon’Ble & Smt. Beena A. Pillaiita No. 4990/Del/2014 : Asstt. Year : 2010-11 M/S Abhisar Buildwell Pvt. Ltd., Vs Deputy Commissioner Of Income C/O Rra Tax India, D-28, South Tax, Central Circle-04, Extension, Part-I, New Delhi New Delhi-110049 (Appellant) (Respondent) Pan No. Aafca6845D Assessee By : Sh. R. S. Singhvi, Ca Revenue By : Sh. Manish Gupta, Cit Dr Date Of Hearing : 27.11.2018 Date Of Pronouncement : 28.11.2018 Order Per N. K. Saini, Vide: This Is An Appeal By The Assessee Against The Order Dated 25.04.2014 Of Ld. Cit(A)-Xxxiii, New Delhi.

For Appellant: Sh. R. S. Singhvi, CAFor Respondent: Sh. Manish Gupta, CIT DR
Section 32Section 43(1)Section 80I

…fund has not been treated in the form of capital subsidy or grant which can be reduced from the cost of assets. 14. Since findings returned by the ld. CIT (A) are based upon the decision rendered by Hon’ble Apex Court in CIT vs. Meghalaya Steels Ltd. – (2016) 383 ITR 217 (SC), we are of the considered view that the excise refund is in the nature of revenue receipt forming part of profits and gains 7 Abhisar Buildwell Pvt. Ltd. arising from the business and as such cannot be reduced from the cost of plant & machinery. So, the findings returned by ld. CIT (A) on this issue are confirmed. 14. In view of what has b…