MAHINDRA & MAHINDRA LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(2)(1), MUMBAI
In the result, appeal of the assessee is allowed for statistical purposes
ITA 2113/MUM/2024[2016-17]Status: DisposedITAT Mumbai31 Jul 2025AY 2016-17
Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2016-17
For Appellant: Shri. H. P. Mahajani, CAFor Respondent: Shri. Satyaprakash R. Singh, CIT DR
Section 115JSection 143(3)Section 2(24)(viii)Section 2(24)(xviii)Section 250
According to the assessee, industrial promotional subsidy is ought to be treated as capital receipt even in the light of amended section 2(24)(viii) for normal provisions as well as book profit u/s. 115JB of the Act.
4. Assessee did not raise this issue in the assessment proceedings though ... raise this before the ld. Assessing Officer under the belief that this subsidy would fall within the definition of income in terms of section 2(24)(viii) introduced with effect from Assessment Year 2016-17 by the Finance Act, 2015. By raising the additional ground before the first appellate authority