DY. COMMR. OF INCOME TAX, CIRCLE - 1(1), RAJKOT vs. M/S AJANTA MFG. LTD.,, MORBI
In the result this issue is decided against the revenue and accordingly ground no
ITA 102/RJT/2021[2015-16]Status: HeardITAT Rajkot31 May 2023AY 2015-16
Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal(1) I.T.A. No.102/Rjt/2021 (2) I.T.A. No.138/Rjt/2021 (Assessment Years: 2015-16 & 2016-17) (1) Dcit, M/S. Ajanta Manufacturing Ltd. Circle-1(1), Orpat Industrial Estate, Rajkot Rajkot Morbi Highway, Morbi-363641 Vs. (2) Acit M/S. Ajanta Manufacturing Pvt. Circle1(1), Ltd., Rajkot Orpat Industrial Estate, Rajkot Morbi Highway, Morbi-363641 [Pan No.Aaeca6115B] (Appellant) (Respondent) .. Appellant By : Shri Vimal Desai, A.R. Respondent By: Shri Shramdeep Sinha, Citdr Date Of Hearing 25.05.2023 Date Of Pronouncement 31.05.2023
For Appellant: Shri Vimal Desai, A.RFor Respondent: Shri Shramdeep Sinha, CITDR
Section 115J
178 (SC), in which it was held that where object of respective subsidy schemes of State
Governments was to encourage development of Multiple Theatre
Complexes, incentives would be held to be “capital” in nature and not revenue receipts. The Hon'ble Supreme Court made the following important observations while passing the order:
Applying the aforesaid test contained in both Sahney