What is Shri Balaji Alloys v. CIT authority for?

Refund of excise duty is a capital receipt and therefore not taxable. This principle applies irrespective of the form or source of the subsidy.

How many judgments cite Shri Balaji Alloys v. CIT?

19 judgments on BharatTax cite Shri Balaji Alloys v. CIT (198 Taxmann.com 122), spanning 2021 to 2025.

Which sections of the Income Tax Act does Shri Balaji Alloys v. CIT come up under?

It is most often cited in judgments turning on Section 115JB, Section 14A, Section 43(1), Section 45, Section 115-O, Section 154.

Shri Balaji Alloys v. CIT (198 Taxmann.com 122)

DCIT Cir 6(1)(2), Mumbai vs. Biostach India Ltd, Mumbai

In the result, the appeal of the assessee is partly allowed and the revenue’s appeal is dismissed

ITA 3559/MUM/2016[2011-12]Status: DisposedITAT Mumbai30 May 2025AY 2011-12

Bench: Shri Sandeep Gosain & Smt. Renu Jauhriआयकर अपील सं./Ita No. 349/Mum/2016 (निर्धारण वर्ा / Assessment Year :2011-12) Biostadt India Limited V/S. Dcit 6(1), Mumbai Poonam Chambers, A बिधम Aayakar Bhavan, Mumbai- Wing, 6Th Floor, Dr. A. B. 400020 Road, Worli, Mumbai- 400018 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaccb1830G Appellant/अपीलधर्थी .. Respondent/प्रनिवधदी

For Appellant: Shri Kirit KamdarFor Respondent: Shri Leyaqat Ali Aafaqui

Section 115Section 115JSection 14ASection 154Section 250Section 263Section 32Section 32(1)(iia)Section 80

…d. CIT(A) dismissed the assessee’s appeal. Subsequently, vide rectification order dated 09.03.2016, Ld. CIT(A), after considering the submissions of the assessee in the light of the decision of the Hon’ble J&K High Court in the case Shri Balaji Alloys v/s CIT 33 ITR 335, wherein it has been held that the refund of excise duty is capital receipt, and therefore, not taxable, allowed the appeal of the assessee. He accordingly directed the Ld. AO to treat the refund of excise duty as a capital receipt. 10.4 Aggrieved with this rectification order, the department is in appeal before us. Ld. AR has submitted that this…

Biostadt India Ltd, Mumbai vs. DCIT Cir 6(1), Mumbai

In the result, the appeal of the assessee is partly allowed and the revenue’s appeal is dismissed

ITA 349/MUM/2016[2011-12]Status: DisposedITAT Mumbai30 May 2025AY 2011-12

Bench: Shri Sandeep Gosain & Smt. Renu Jauhriआयकर अपील सं./Ita No. 349/Mum/2016 (निर्धारण वर्ा / Assessment Year :2011-12) Biostadt India Limited V/S. Dcit 6(1), Mumbai Poonam Chambers, A बिधम Aayakar Bhavan, Mumbai- Wing, 6Th Floor, Dr. A. B. 400020 Road, Worli, Mumbai- 400018 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaccb1830G Appellant/अपीलधर्थी .. Respondent/प्रनिवधदी

For Appellant: Shri Kirit KamdarFor Respondent: Shri Leyaqat Ali Aafaqui

Section 115Section 115JSection 14ASection 154Section 250Section 263Section 32Section 32(1)(iia)Section 80

…d. CIT(A) dismissed the assessee’s appeal. Subsequently, vide rectification order dated 09.03.2016, Ld. CIT(A), after considering the submissions of the assessee in the light of the decision of the Hon’ble J&K High Court in the case Shri Balaji Alloys v/s CIT 33 ITR 335, wherein it has been held that the refund of excise duty is capital receipt, and therefore, not taxable, allowed the appeal of the assessee. He accordingly directed the Ld. AO to treat the refund of excise duty as a capital receipt. 10.4 Aggrieved with this rectification order, the department is in appeal before us. Ld. AR has submitted that this…